• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

federal lawsuit filed against radnor lake ranger unlawful arrest ak-47

xraygil1

Regular Member
Joined
Oct 11, 2008
Messages
25
Location
dearborn heights, Michigan, USA
imported post

Wow, you guys sure have it rough down there-In Michigan a law enforcement officer cannot detain you-hell, they can't even just stop you if the only reason is that you are carrying a weapon. Just wanted to chime in about that fellows weapon- If the state you are in classifies it as a pistol-guess what? IT'S A PISTOL! If you are mad because of what it looks like maybe you should'nt be carrying a pistol either. If you support the law, then you support the law for everybody, not just the persons you like the looks of. Have a nice day!:D
 

Archangel

Regular Member
Joined
Aug 4, 2008
Messages
232
Location
OTP, Georgia, USA
imported post

xraygil1 wrote:
Wow, you guys sure have it rough down there-In Michigan a law enforcement officer cannot detain you-hell, they can't even just stop you if the only reason is that you are carrying a weapon.
Funny we have the same law in Georgia... But they do it all the time...

Soooo they get sued...

A LOT...

Couldn't resist, posting even though I am trying to stay out of this. Kwik's methodology is not helping the pro-carry movement by intentionally antagonizing the police. If he doesn't get the reaction he desires, he escalates his behavior till he does...
 

slowfiveoh

Regular Member
Joined
Sep 15, 2009
Messages
1,415
Location
Richmond, VA
imported post

ColdBlueSteel wrote:
Couldn't resist, posting even though I am trying to stay out of this. Kwik's methodology is not helping the pro-carry movement by intentionally antagonizing the police. If he doesn't get the reaction he desires, he escalates his behavior till he does...
Just a thought about the "escalation" thing, because I was looking for a pattern of escalation as well initially, just to see what he would do.

--He stepped down, from a AK47 to a single shot Colt Navy blackpowder.
--There were no orange tips
--It was several weeks after the new Tennessee law was emplaced

and so on...

I respect your right to position yourself as you see fit, but the 2nd encounter, was definitely a "step down", if anything.
 

DEFENSOR

Regular Member
Joined
Jul 26, 2009
Messages
184
Location
Utah, USA
imported post

For those who do not approve or otherwise feel that it would hurt an open carry cause. Certainly your opinion is respected. Think of this way a moment, I will grant you that It draws somenegative attention but that may be what it takes to find out who is doing the right thing. It issomething like a selection process for those inLE who abide by laws and protect all rights equally.At the same timesimply allowinga chance for one of them to show their true colors.

DoLEOs not observe a suspicious person andallow time enough toestablish reasonable suspicion, yes they do. This guy wasdoing nothing more than what is allowed by law. Although it was more than most would do It gave these particular LEOs a chance to show their contempt by knowingly violatinghis basic rights butsounds like some state and federal laws.

If incidents like this do not occur, how will we know who to pressto ensure that our rights are not just acknowledged but protected equally. This was this mans way of petitioning his government for a redress of grievances.

Regaining and maintainingthese forgotten rights is not and will not be easy. It will be up to all of uspress the issues from time to time while staying within the law. If youare so strongly opposedbecome an officer and you to cantake it upon yourselvesto disregard the laws and infringe upon someones freedoms. Just don'tcome to my town to do it.

God Bless America

Sincerely, Defensor Fortis
 

Flyer22

Regular Member
Joined
Jun 26, 2008
Messages
374
Location
Colorado Springs, Colorado, USA
imported post

slowfiveoh wrote:
He is operating legally. He has broken no laws. You either support him on the fundamental level of exercising his rights, or simply GTFO.

[snip]
He has not done ANYTHING illegal. NOTHING. PERIOD.
You do not support his wholly legal activities.
Therefore you do not support NORMAL exercising of ones rights.

[snip]
In the end, it is apparent you simply do not support the following, as the facts present themselves.

1.) Wearing camo, perpetuating 'stereotypes' in a state park.
2.) An orange tip on a real firearm.
3.) Open Carrying a firearm in a state park, wherein it is legal.
4.) Open Carry of an AK47 Pistol
5.) Open Carry in the hand of a Navy Colt, as MANDATED by law in Belle Meade.

For somebody who seems to be otherwise sensible, you have an amazingly hard time understanding that legality is not the end-all, be-all of human existence. You clearly think that just because something is legal automaticallymeans that it's moral, smart, and proper. But since my words and metaphors don't seem to get through to you, I will let other people do my talking.

You can find all these quotes, and others, and this site.
http://www.quotegarden.com/justice.html

"This is a court of law, young man, not a court of justice." ~Oliver Wendell Holmes,Jr.

"Justice is incidental to law and order." ~John Edgar Hoover

"Although the legal and ethical definitions of right are the antithesis of each other, most writers use them as synonyms. They confuse power with goodness, and mistake law for justice." ~Charles T. Sprading, Freedom and its Fundamentals

"It's strange that men should take up crime when there are so many legal ways to be dishonest." ~Author unknown, quoted in Sunshine magazine

"Law never made men a whit more just." ~Henry David Thoreau
 

slowfiveoh

Regular Member
Joined
Sep 15, 2009
Messages
1,415
Location
Richmond, VA
imported post

Flyer22 wrote:
For somebody who seems to be otherwise sensible, you have an amazingly hard time understanding that legality is not the end-all, be-all of human existence. You clearly think that just because something is legal automaticallymeans that it's moral, smart, and proper. But since my words and metaphors don't seem to get through to you, I will let other people do my talking.

You can find all these quotes, and others, and this site.
http://www.quotegarden.com/justice.html

"This is a court of law, young man, not a court of justice." ~Oliver Wendell Holmes,Jr.

"Justice is incidental to law and order." ~John Edgar Hoover

"Although the legal and ethical definitions of right are the antithesis of each other, most writers use them as synonyms. They confuse power with goodness, and mistake law for justice." ~Charles T. Sprading, Freedom and its Fundamentals

"It's strange that men should take up crime when there are so many legal ways to be dishonest." ~Author unknown, quoted in Sunshine magazine

"Law never made men a whit more just." ~Henry David Thoreau
There will always be fundamental differences between what is deemed to be "acceptable" by man. Even the very definition of "justice" will change, depending on who you talk to.

In fact, it is this extremely liberal translation of law, that has allowed our right to be usurped for years. The very concept you are referring to is the cause for so much anguish in this, and many other countries. If you believe that interpretation is up to the judge, and that the term "Justice" is somehow universal, then the following would never have been recognized in the end, because it could have all been rationalized away by somebody with differing values than you:

Black people with equal rights.
Women voting.
Freedom of speech.
Right to keep and bear arms. (Oh wait, aren't we still having this out with people who have irrational fear of firearms on a national level, and therefore are inhibiting to our rights on the basis of "morality" and "Justice"? Yes. Yes we are.)

The only way to offer fair equality to every man, is to eliminate massive sway of opinion from the process. Claiming to be the end all point of what defines morality or justice, makes you no better than Mao, Kim Jong, etc. Indeed, I claim no absolute understanding of everything myself, but I like to make the best decision I can for myself, and BY myself.

By overwhelmingly blanketing people with my opinion, I am sure to win no productive insight. By being fearful of everything another human being does while practicing their rights, I realize that I am doing nothing but regulating theirs.

I realize more than anything now, after so many few years, that I cannot inhibit the rights of others simply on a basis of convenience, or a difference of opinion. You truly have to sit and analyze the right as a whole. The framers did not sit and say, "Gee what's good for meeee,...hrmmm...". They had to reflect ideas externally, and realize that there truly is finite rights that apply to every human being.

Whenever you apply rules to a right that is not to be infringed upon, regardless of whether you think it is "socially acceptable", you are the shining example of hypocrisy if you indeed claim to support the concept of the "right" itself.

I am not saying that the "Open Carry movement" does not have it's place, but for those of you thinking this is as far as it needs to go, keep in mind that by absolute definition you truly do not support the right.

By catering to those with ideologies that would trample it, you do NOT support the right. In fact, you are assisting with the regulatory process.

Does kwiks actions reflect the meaning of the 2nd Amendment? Yes. Absolutely.
Were kwiks actions legal? Yes. Absolutely.

Did "Social Acceptance" play a role in his detainment? Yes. Absolutely.

Does "social acceptance" prohibit and improperly regulate a right? Yes. Absolutely.


As I have stated many times before, if you believe "social acceptance" SHOULD be a prohibiting factor, then may the "social acceptance" of another group or individual impede your finite rights.

Here. I have added some of my own quotes, since we are attempting to set a precedent:

"I don't believe in quotas. America was founded on a philosophy of individual rights, not group rights."
-Clarence Thomas

"You can only protect your liberties in this world by protecting the other man's freedom. You can only be free if I am free."
-Clarence Darrow

"The really valuable thing in the pageant of human life seems to me not the State but the creative, sentient individual, the personality; it alone creates the noble and the sublime. . ."
-Albert Einstein

"There's only one corner of the universe you can be certain of improving, and that's your own self."
-Aldous Huxley

"Civilization can only revive when there shall come into being in a number of individuals a new tone of mind, independent of the prevalent one among the crowds, and in opposition to it -- a tone of mind which will gradually win influence over the collective one, and in the end determine its character.
Only an ethical movement can rescue us from barbarism, and the ethical comes into existence only in individuals."

-Albert Schweitzer

"Patterning your life around other's opinions is nothing more than slavery."
-Lawana Blackwell
 

Hef

Regular Member
Joined
Sep 16, 2007
Messages
524
Location
Bluffton, South Carolina, USA
imported post

Way to go, douchenozzle. You do everything possible to get yourself arrested, and then sue for being detained for an unreasonably long time, though it happened AT YOUR REQUEST. Thanks for making the rest of us look as stupid as you are.

I hope you lose, and I hope it costs you A LOT of money to lose.
 

kwikrnu

Banned
Joined
May 14, 2008
Messages
1,956
Location
Brentwood, Tennessee
imported post

Hef wrote:
Way to go, douchenozzle. You do everything possible to get yourself arrested, and then sue for being detained for an unreasonably long time, though it happened AT YOUR REQUEST. Thanks for making the rest of us look as stupid as you are.

I hope you lose, and I hope it costs you A LOT of money to lose.
I didn't request to be stopped. I told them they had to release me several times.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
imported post

kwikurnu..., I hope that you prevail in this Federal Case.

Although I am not a Lawyer, I think you have standing.

Public Officials are NOT above the Law, based on 'opinion'.

Qualified Immunity should not be too big an issue here..., as, it is within my belief, you actions were prompted by a Lawful reenactment of State Law authorizing what you did as Legal and Legitimate.

Although, Tennessee Park Carry Laws are quilted, you may Open Carry your AK-look-alike-Pistol, as you have done.

The Sign is preempted under Tennessee Law, but I believe it an over sight on The Tennessee Legislators part for not requireing The Department to change the outdated verbiage on that Illegal Sign dismmissing Firearms as Illegal at that Park.
 

kwikrnu

Banned
Joined
May 14, 2008
Messages
1,956
Location
Brentwood, Tennessee
imported post

aadvark wrote:
kwikurnu..., I hope that you prevail in this Federal Case.

Although I am not a Lawyer, I think you have standing.

Public Officials are NOT above the Law, based on 'opinion'.

Qualified Immunity should not be too big an issue here..., as, it is within my belief, you actions were prompted by a Lawful reenactment of State Law authorizing what you did as Legal and Legitimate.

Although, Tennessee Park Carry Laws are quilted, you may Open Carry your AK-look-alike-Pistol, as you have done.

The Sign is preempted under Tennessee Law, but I believe it an over sight on The Tennessee Legislators part for not requireing The Department to change the outdated verbiage on that Illegal Sign dismmissing Firearms as Illegal at that Park.


I have a good case. Especially since I do have audio of the first ranger, audio of that ranger calling police and asking them to come w/o lights(non emergency), that armed ranger letting me go. That all shows I was not a threat to anyone. Then my call to police over 2 hours before they finally let me go.



The Legislature consulted with the AG before the passing the law. The AG said the signs were not a problem and that there would be no liability. If the State had removed the signs people may not have called the rangers to report what they thought was illegal activity. Tennessee Attorney General opinion 09-54 April 9,2009.

Question

[align=left][/align]
If HB 716 becomes law but the signs at parks stating that no weapons are allowed are not taken down, is there any basis for holding the State liable in the event someone is misled into believing that guns are not allowed in the park?

Opinion

[align=left][/align]
It is the opinion of this Office that, insofar as can be determined in the abstract, the failure to change or remove misleading signs in the context described would not impose any liability on the State.

Analysis

[align=left]

House Bill 716 permits Tennessee residents to possess handguns within the boundaries of state parks if they are in immediate possession of a valid handgun carry permit issued pursuant to Tenn. Code Ann. §39-17-1351. Currently, the state parks prohibit handguns and display signs to that effect. If HB 716 becomes law but the signs are not changed or removed, is there any basis for holding the State liable in the event someone is misled into believing that guns are not allowed in the park ? [/align]
The Tennessee constitution provides that the State is immune from suit except as it consents to be sued. Tenn. Const. Art. I, §17. No court has the power to entertain a tort suit against the State with a view to reach the state treasury. Tenn. Code Ann. §20-13-102. The only forum for tort suits against the State is provided by the Tennessee Claims Commission. Tenn. Code Ann. §9-8-307. Claims against the State may proceed only if they fall within one or more of the jurisdictional categories of §9-8-307. Upon a careful review of the statute no jurisdictional basis for a claim based on the failure to change or remove misleading signs is readily apparent. If there were jurisdiction, any such claim would require proof of: (1) a duty of care owed by the State to the claimant; (2) conduct by the State falling below the standard of care amounting to a breach of that duty; (3) an injury or loss; (4) causation in fact; and (5) proximate or legal cause. [font="Times New Roman,Times New Roman"][font="Times New Roman,Times New Roman"]Hale v. Ostrow[/font][/font], 166 S.W.3d 713, 716 (Tenn. 2005).

Determining issues of liability turns on the operative facts and the causes of action alleged, and it is difficult to give definitive opinions in the abstract. However, as a general rule, it does not appear that the failure to change or remove misleading signs in the context described would impose any liability on the State.

 

Hef

Regular Member
Joined
Sep 16, 2007
Messages
524
Location
Bluffton, South Carolina, USA
imported post

kwikrnu wrote:
Hef wrote:
Way to go, douchenozzle. You do everything possible to get yourself arrested, and then sue for being detained for an unreasonably long time, though it happened AT YOUR REQUEST. Thanks for making the rest of us look as stupid as you are.

I hope you lose, and I hope it costs you  A LOT of money to lose.
I didn't request to be stopped. I told them they had to release me several times.

You publicly stated that your revolver (44 mag I believe) elicited no response from LEO's so you stepped up to the Draco pistol on a sling.

Why did you paint the muzzle orange? What reason is there to make a real AK47 pistol look like an airsoft?

Your actions are a disgrace.
 

kwikrnu

Banned
Joined
May 14, 2008
Messages
1,956
Location
Brentwood, Tennessee
imported post

Hef wrote:
You publicly stated that your revolver (44 mag I believe) elicited no response from LEO's so you stepped up to the Draco pistol on a sling.

Why did you paint the muzzle orange? What reason is there to make a real AK47 pistol look like an airsoft?

Your actions are a disgrace.

I must have got lucky when they didn't take me down for a .44 magnum. I have carried the ak type pistol elsewhere with no problems. I must have ran into bad cops that day at the park. I told them the laws, and told them they needed to release me. There is only so much someone who is detained or arrested my do.

Color of the ak pistol is a non issue. It isn't against and federal, state, or local laws.

Those who would violate the constitution they are sworn to uphold are the disgrace.
 

Task Force 16

Campaign Veteran
Joined
Jul 20, 2008
Messages
2,615
Location
Lobelville, Tennessee, USA
imported post

kwikrnu wrote:
Hef wrote:
You publicly stated that your revolver (44 mag I believe) elicited no response from LEO's so you stepped up to the Draco pistol on a sling.

Why did you paint the muzzle orange? What reason is there to make a real AK47 pistol look like an airsoft?

Your actions are a disgrace.

I must have got lucky when they didn't take me down for a .44 magnum. I have carried the ak type pistol elsewhere with no problems. I must have ran into bad cops that day at the park. I told them the laws, and told them they needed to release me. There is only so much someone who is detained or arrested my do.

Color of the ak pistol is a non issue. It isn't against and federal, state, or local laws.

Those who would violate the constitution they are sworn to uphold are the disgrace.

No luck involved. The .44 mag revolver is a conventional handgun. The AK pistol, although technically a "handgun" by it's construction, is not a conventional handgun. It's a novelty. The park rangers weren't expecting anyone to carry such a weapon and obviously didn't know its categorization.

If you expect every LEO to know about every weapon that has ever been made in the world, you are living in a dream world. Many are not firearms enthusiast and therefore do not keep up with all thelatest weapons on the market.And they're not required to.
 

Task Force 16

Campaign Veteran
Joined
Jul 20, 2008
Messages
2,615
Location
Lobelville, Tennessee, USA
imported post

ComradeV wrote:
if the officers don't know 100% what the law is then they are not able to and shouldn't be enforcing it

Do you know 100% every law in your states statutes that have to be enforced?

LEO are human, just like us. And because of that they are subject to error, just like us.
 

Hef

Regular Member
Joined
Sep 16, 2007
Messages
524
Location
Bluffton, South Carolina, USA
imported post

ComradeV wrote:
if the officers don't know 100% what the law is then they are not able to and shouldn't be enforcing it

LEO's aren't obligated to know every code and statute. They have the legal authority to detain you if they have a reasonable and articulable suspicion that you may have (or intend to) commit a crime. At that time they must determine the legality of the act, and if they find no crime has been committed they must end the detainment.

If they don't know the legality of an AK pistol they are not unlawfully detaining you while they hold you, cuffed, and find out the answer, as they are acting in good faith. Their actions become a crime when they KNOW the AK pistol is legal and they hold you (barring any other reason to detain you).

The key phrase is "good faith". It's what gets cops out of trouble for detaining people who they believe may be acting unlawfully, though in fact they are not.
 

Hef

Regular Member
Joined
Sep 16, 2007
Messages
524
Location
Bluffton, South Carolina, USA
imported post

To add:

Here's a scenario for you.

When I was getting fingerprinted for my CWP, I had a discussion with the deputy printing me about guns (she initiated it). The topic of where to legally carry came up, specifically banks. She was adamant that banks are off limits as "federal facilities".

I corrected her.

Now, if I were at the bank and some called in MWAG, and a deputy arrived who believed as she did, I might face an arrest, though it's perfectly legal to carry a gun in a bank in SC. The case would be dismissed by the prosecutor, as would my case agaist the arresting officer for false arrest, as he was acting in "good faith".

Luckily, I know to cite USC Title 18 Chapter 44 Section 930(g)(1), which defines "federal facility". If the arresting officer ignores me, and proceeds with the arrest anyway, my case for false arrest would now have merit, as he failed to find and read the law before making the arrest. His "good faith" protection is gone.
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
imported post

Hef wrote:
ComradeV wrote:
if the officers don't know 100% what the law is then they are not able to and shouldn't be enforcing it

LEO's aren't obligated to know every code and statute. They have the legal authority to detain you if they have a reasonable and articulable suspicion that you may have (or intend to) commit a crime. At that time they must determine the legality of the act, and if they find no crime has been committed they must end the detainment.

If they don't know the legality of an AK pistol they are not unlawfully detaining you while they hold you, cuffed, and find out the answer, as they are acting in good faith. Their actions become a crime when they KNOW the AK pistol is legal and they hold you (barring any other reason to detain you).

The key phrase is "good faith". It's what gets cops out of trouble for detaining people who they believe may be acting unlawfully, though in fact they are not.
Yeah, but the 1st ranger said he knew it was technically legal.

I think that will cost them buku $$$$
 
Top