Municipal Court Judge Tracie Todd's personal opinion, despite the prosecution and their case being made fools of in a court of law.
It's a case of a judge deciding for his/herself what the law is instead of interpreting the law as it's written.
The lawful carry of a firearm by a law-abiding citizen is NOT disorderly conduct. I'm glad you're appealing it up the chain, as it's very appealable, and precedent does exist higher up to get this overturned on appeal. Just keep at it...
And when it's overturned, it's time for that civil lawsuit against the municipality to recover all damages, including attorney's fees!
I'm all for our 2nd amendment rights and this guy was within his rights.
So you're admitting he not only broke no laws, but was acting as a law-abiding citizen well within his rights to do so.
But, we do have to use a little bit of common sense and not abuse our rights.
I have a right to chew bubblegum. Are you saying I'm abusing my rights if I opt to chew ten pieces a day? How about if I opt to chew three pieces at once? If it's a right, then it's a right, and our Constitution says this right "shall not be infringed." By refusing the sound legal arguement presented by the defense and instead opting to find for disorderly conduct, the judge was NOT administering justice, but rather, was attempting to further his/her own ideal of what should or should not be, IN VIOLATION of the law. Do judges break the law in their decisions? You bet, every darn day! Are they held accountable for it? Largely, no. If they're overturned on appeal, that goes into their record, and if they'd like to move up the chain, records are available for review. Too many overturns, particularly when a judge is ruling contrary to the law, will likely prevent further advancement. Sometimes it pays to get a newer judge who is still trying to further their career than someone who knows they've been put out to pasteur.
I don't carry just because I can and anyone that does so is only a danger to themselves and everyone around them.
How in the world did you arrive at a conclusion that I or the many other OCers out there are a "danger" to anyone? The accidental death rate due to motor vehicle accidents is 28 times the accidental death rate due to firearms, despite the fact there are 250 to 300 million firearms out there, roughly the same number as there are motor vehicles. By your faulty logic anyone who goes for a Sunday drive "just because they can ... is a danger to themselves and everyone around them." That would even qualify for a non-essential purpose, such as going to the movies or driving to a park. "Oh, the horror! That man is engaging in disorderly conduct because he's DRIVING WITHOUT JUSTIFIABLE CAUSE!!!"
So far you're batting a thousand ... towards the goal of nonsense, as in you're not making any sense at all, same as the judge.
I carry for one specific reason. It is my self defense weapon; for both me and anyone that needs help.
Good for you!
I'm not out there to impress anyone with my weapon...
We arent' either.
...if I'm going to flash it around...
From what I gather, there was no "flashing it around" as part of the case.
...unless I'm going to be pointing it in someone's face.
That's not flashing it around. That's self-defense, totally different set of legal grounds.
Let's face it, with all the gangbanger's out there it's no wonder people got nervous.
If people actually got nervous, it's not because of "all the gangbangers out there," who almost without fault NEVER open carry. It's because the people either aren't used to seeing open carry, or because they've been brainwashed by Hollywood, the Brady Bunch, and the other anti-gunners out there into wrongly equating MWAG with danger/fear. Given the previously-mentioned statistics, people should be 28 times more afraid of crossing the street than encountering a man with a gun.
Nobody knew who this guy was or what his intentions were.
Oh, boo-hoo! Sorry, but the 4th Amendment protects my privacy and my intentions from public scrutiny. Any number of people around me could be carrying concealed, legally or illegally, and I don't know what THEIR intentions are, either! What's the solution? Should we walk around naked and gunless for the rest of our lives? There are still locations for hiding weapons, even firearms...
This is why our government wants to take our rights away.
NO. They want to take our rights away because they either want to CONTROL us, or they have irrationally-based fears and errantly believe that by stripping law-abiding citizens of their right to keep and bear arms, that'll somehow carry over to the law-breakers who couldn't care rat poop about following a law, but who'd love to see even more disarmament of law-abiding citizens.
A gun is a weapon and I think some people seem to forget this.
EVERYTHING is a weapon and I think some people seem to forget this. Pillow, pencil, stick, screwdriver, monkey wrench, hammer, many kitchen utencils, bare hands and feet, swimming pool...
This judge is so unabashedly off-base I've little doubt she'd find disorderly conduct if someone walked through a mall carrying a cane. "I was afraid for my life! It looked so big, heavy, and dangerous, like a weapon, and I didn't know what his intentions were!!!"
This line of thinking is so un-American it makes me SICK to my stomach. Good thing I'm at the end of your post. It's too bad the OP's still in the thick of things, legally. If that judge had half a neuron, she'd reverse her decision then disbar herself immediately.