Charges In Springfield Walmart Scare

[skb12172]

He didn't break any laws, but he scared the sheep. Therefore, we are going to misuse the justice system to punish him.

She the cops, sue Walmart. Retire early.

https://www.washingtonpost.com/nation/2 ... olice-say/

[Vonz90]

Funny thing is I've been in that Wal-Mart more than a few times.

He did break a law, the law of being stupid and asking for trouble.

[Termite]

He didn't break any laws, but he scared the sheep. Therefore, we are going to misuse the justice system to punish him.

He's very lucky that he didn't get dropped by the CCW holder that drew down on him, and held him at gunpoint. I may not have exercised such restraint had I been in the situation.
A Glock or S&W in an exposed holster is one thing. Walking in carrying an AR at port arms(or even slung) quite another, ESPECIALLY when one appears to be wearing body armor. I say "appears", because the average Joe or Jane Sixpack doesn't know real body armor from a Molle tact vest, or plate carrier minus the plates. And doing it right after a mass shooting by a perp wearing similiar gear is.............

He's guilty of aggravated stupidity, but unfortunately that's not a crime.

[Netpackrat]

An interesting take:

https://legalinsurrection.com/2019/08/s ... QPQie49HBM

In a logical world they will have a tough time proving the terroristic threatening charge if he sticks to the story of testing his 2nd Amendment rights.

[Old Grafton]

VERY bad can of stupid to open. If he gets away with it the method becomes cover for the real asstards who really mean to do harm.

[Langenator]

The Open Carry Activist crowd are to 2A activism what gay pride parades are to the gay rights movement.

I know one state that I've lived in (might have been NC, but I'm not sure) allowed unlicensed open carry, but forbade "going armed to the terror of the public." I'm pretty sure that proviso was thrown in back in Jim Crow days as a way to arrest blacks for being armed in public.

I wonder what that CHL holder would have done if the guy simply turned his back and walked away.

[Netpackrat]

I wonder what that CHL holder would have done if the guy simply turned his back and walked away.

The really interesting scenario would have been rifle guy shooting CCWer, and then claiming self defense after surrendering to the police.

[scipioafricanus]

So this was just an open carry nutjob? Just great.

[skb12172]

I wonder what that CHL holder would have done if the guy simply turned his back and walked away.

The really interesting scenario would have been rifle guy shooting CCWer, and then claiming self defense after surrendering to the police.

Legally, he would have been within his rights to do so. Frankly, I think the kid has a fair chance of being scared into some kind of plea deal because he's only 20. If a smart lawyer gets ahold of him quickly and that is avoided, he should walk on this ridiculous charge.

Furthermore, with the statements that Walmart is making as well as that asshat prosecutor, he has a strong civil suit against the police, Walmart, and Johnny Attaboy that drew on him and held him at gunpoint.

From a legal standpoint, I don't see how this is much different than that black guy in Arkansas that was adjusting his concealed carry pistol when that stupid, inbred hillbilly tackled him and held him in a chokehold until the police arrived. If you recall, it's the hillbilly that was arrested and convicted of a felony.

In this case, they arrested the wrong person.

I'm a letter of the law kind of guy, though. Under the letter of the law, my take is the right one. If you don't like it, change the laws.

Unfortunately, due to his actions, we may see some new laws that we don't like come out of this.

[Netpackrat]

Even if the conduct of rifle guy is found to have been lawful, it does not necessarily follow that conduct of CCW guy was unlawful. It is only necessary for his action to have been reasonable. Under the circumstances, good luck convincing a jury (whether civil or criminal I think would make no difference) it was not.