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  • Man says he had right to carry gun to rally

    Any thoughts on this?


    http://timesonline.com/articles/2008...8582222905.txt


    By Bill Vidonic, Times Staff
    Published: Saturday, August 30, 2008 11:31 PM EDT
    INDUSTRY — An Industry man insisted Saturday there’s nothing in the law that prevented him from wearing a loaded handgun to Friday’s presidential election rally in Beaver.

    “I have it for protection, to protect my wife and my children,” said John A. Noble, 50. “I never gave it a thought. I wasn’t doing anything illegal,”

    Noble, a horse and cattle fence builder, said he was simply standing with others at the rally, a Bible in one hand, and an apple in the other.

    But it was the Glock 19 handgun holstered at his side that drew the attention of local and federal law enforcement. State police said just wearing the gun disrupted the event.

    Noble said he had a handful of fliers that he wanted to pass out, spelling out gun rights.

    Those fliers list Noble’s basic argument, citing a Pennsylvania statute that says a person may “openly carry a handgun in plain sight with no license.” Exceptions include in vehicles, in Philadelphia, and convicted felons.

    To carry a concealed handgun, a person must have a state license to carry firearms.

    Noble said he didn’t have a ticket to the rally, and he was standing with his wife, Janet, in McIntosh Park. While that area was fenced in, spectators did not have to pass through metal detectors to get into that area, as they did in Irvine Park.

    In a news release, state police Trooper Shawn L. Schexnaildre wrote that Noble “breached the secured perimeter of a presidential candidate political rally with a handgun fully loaded, operational, holstered and exposed.”

    Bystanders alerted police, and deputy sheriffs, Beaver police, state police and Secret Service agents took him into custody.

    “(Noble’s) actions created a clear public alarm and caused a significant breakdown in the security measures at the rally” with officers abandoning their posts “to ensure his quick and safe apprehension and disarming.”

    Friday, deputies and state police said that Noble never tried to draw his weapon and did not threaten anyone with it. Noble’s arrest took place more than an hour before Obama and Biden arrived in Beaver.

    Noble never did hear Obama, as he was in state police custody until his release, and his firearm, which Noble said he has a permit for, was confiscated.

    When questioned as to the wisdom of wearing a firearm to a rally with metal detectors, Secret Service agents, and dozens of local law enforcement, Noble replied, “His (Obama’s) rights do not trump mine.” He added he’s worn the gun in public for several years without incident.

    Noble says he has an attorney, but said he’ll wait and see what charges he might face before deciding what course of action he’d take.

    In the news release, Schexnaildre described the nature of the incident as disorderly conduct, and wrote that Noble faces misdemeanor grade charges that will be filed by state police; no federal charges have been filed.

    Noble said his only previous criminal offense was “a speeding ticket while driving a church bus.”

    “If it was that serious of an offense (Friday), I would be in jail,” Noble said.

    Bill Vidonic can be reached online at [email protected].

  • #2
    i am very pro-gun but this guy is just a moron intentionally trying to start something by showing up like that

    Comment


    • #3
      Originally posted by luckydog View Post
      i am very pro-gun but this guy is just a moron intentionally trying to start something by showing up like that
      Yeah, thats what people said about our founding fathers, dern trouble makers.

      Comment


      • #4
        I hope he sues the **** out of them. Its his right as specifically cited in state law. If they don't want people carrying their weapons at political speeches, define that in state law. Until then, leave him alone. Just because people are ignorant to gun laws does not give police the right to arrest him.
        sigpic

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        • #5
          Originally posted by KY Blue 72 View Post
          I hope he sues the **** out of them. Its his right as specifically cited in state law. If they don't want people carrying their weapons at political speeches, define that in state law. Until then, leave him alone. Just because people are ignorant to gun laws does not give police the right to arrest him.
          aye aye!
          "Friendly Fire, isn't"

          Comment


          • #6
            Originally posted by KY Blue 72 View Post
            I hope he sues the **** out of them. Its his right as specifically cited in state law. If they don't want people carrying their weapons at political speeches, define that in state law. Until then, leave him alone. Just because people are ignorant to gun laws does not give police the right to arrest him.
            This.

            In related news, Hubby was stopped on our way out of a local restaurant where we eat quite a bit and where a lot of cops eat. He's open carried many, many , many times. He has his permit and keeps it on him. There were three officers from the Sheriff's dep't there and they stopped us as we were heading out the door.

            They told him that he could not open carry and asked to see his permit. One officer said that open carry was illegal in Indiana (It's not) and that he had to have it covered by a vest or shirt or something. Then he tried to say that it says on the permit that it is to be concealed (it doesn't) and that we can open carry on our property all we want, but need to keep it concealed in public.

            We did not argue, just said "Thank you, Sir" and will contact the Sheriff's Office about the interaction and keep a copy of the state law on us for possible future interaction.

            The law is we do not have to have a permit to carry on our property, but have to have one to carry off property. Indiana is silent on concealed carry.

            http://ingov.chacha.com/search/query...xt=handgun+law

            Page 17:

            Does Indiana statute require me to carry the handgun on my person concealed or exposed?

            Indiana law is silent on this issue; however, carrying an exposed weapon in public may alarm some people. Also, the right to carry a firearm may be restricted on private property and businesses by the owners. Be attentive for signs warning of restricted areas when carrying firearms into public places. If approached by law enforcement for official business such as traffic stops or complaint related inquiries, it is recommended that you tell the officer in a non-threatening manner that you are carrying a weapon or have a weapon in the vehicle and that you have a valid permit. A law enforcement officer does have the right to inspect the permit.
            http://hoppeshomestead.blogspot.com/

            The strongest reason for the people to retain the right to bear arms is, as a last resort, to protect themselves against tyranny in government. – Thomas Jefferson

            Comment


            • #7
              i am very pro-gun but this guy is just a moron intentionally trying to start something by showing up like that
              Although not the brightest bulb in bunch, he broke no laws.

              However, it seems the the government changes laws depending on whos in the room. See this other news article at the DNC in Denver:
              http://elections.foxnews.com/2008/08...-denver-hotel/
              This man was not breaking the law of the state either. See, in part, the ordinances of Denver CO:

              Sec. 38-117. Dangerous or deadly weapons--Prohibitions.


              Exceptions(snip)
              (2) The person is carrying the weapon concealed within a private automobile or other private means of conveyance, for hunting or for lawful protection of such person's or another person's person or property, while travelling, and the weapon is not an explosive device, incendiary device, or a bomb. If the weapon is a firearm being transported for hunting, it shall be unloaded while being carried within the private automobile or other private means of conveyance.
              One officer said that open carry was illegal in Indiana (It's not) and that he had to have it covered by a vest or shirt or something.
              I think you'll come to find that most of the Law Enforcement Officers you come into contact with wont know all the laws surrounding Open Carry. And while not neccessarily their fault, it doesnt give them the right to enforce the law based on ignorance alone.

              This guy, even though not that bright, will win his case, and probably recieve a tidy settlement in the process.
              The Red, Bold, Italic is my official sarcasm tag.



              "I think many years ago an advanced civilization intervened with us genetically and gave us just enough intelligence to develop dangerous technology but not enough to use it wisely. Then they sat back to watch the fun. Kind of like a human zoo. And you know what? They're getting their money's worth"
              George Carlin

              Comment


              • #8
                I don't like it, I think it's a bad idea, but it's not illegal!
                And as I've heard (read) many times on this forum, ignorance of the law is no excuse.

                Comment


                • #9
                  I do not think he used good judgement in carrying in plain view to an event such as this, especially in front of a group of people like worthless liberal democrats who have no regard for the 2nd ammendment. Everyone knows Democrats do not care about the laws at hand they merely do not recognize the 2nd ammendment, period. He should have gotten a concealed carry permit and as long as he didn't go through metal detectors and stayed in the rear there wouldn't have been an issue. Having said that I don't know what their laws are but If plain view carry is legal in that state I'd have told him "look" I recognize your right to carry but the tree huggers are getting spooked and it's causing a negative public reaction which makes my job harder, so either lock it in your car or get your concealed permit, wear it and keep your mouth shut.
                  "Some people spend an entire lifetime wondering if they made a difference in the world. The MARINES don't have that problem." ....Ronald Reagan

                  Comment


                  • #10
                    It sounds to me from reading this that he wasn't charged for the gun he was hooked up for trespassing:

                    "Noble said he didn’t have a ticket to the rally, and he was standing with his wife, Janet, in McIntosh Park."

                    It sounds like the gun is just what flagged him. Kinda like flipping off a cop. It's not illegal but nothing draws attention to that broken taillight like the one-fingered salute.

                    Comment


                    • #11
                      The problem I see with the open carry guys becoming very vocal lately is they may well spur their local law makers in the wrong direction. Suddenly the open carry will become illegal where it is now legal. Don't be a moron and screw it up for good people everywhere
                      Today's Quote:

                      "The difference between stupidity and genius is that genius has its limits."
                      Albert Einstein

                      Comment


                      • #12
                        Originally posted by mdrdep View Post
                        The problem I see with the open carry guys becoming very vocal lately is they may well spur their local law makers in the wrong direction. Suddenly the open carry will become illegal where it is now legal. Don't be a moron and screw it up for good people everywhere
                        So....don't open carry because you'll spur law makers into making it illegal to...open carry?

                        Comment


                        • #13
                          The law appears to be on his side but he should expect some attention from law enforcement about who he is and what he is doing.

                          Comment


                          • #14
                            It's the Times, who knows what really happened.
                            Support bacteria. They're the only culture some people have.

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                            • #15
                              I think this man was stupid for OC at that event, but again he broke no laws.

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