On October 17, 2009 I wrote a blog post in admiration of someone who posted a video on YouTube under the pseudonym of jrpj1983. It shows the camera operator approaching a group of abortion protesters who are being questioned by Greensboro police officers and subsequently declining to answer an officer's questions after the officer notices the camera operator with a gun on his hip. I may not have agreed with the purposes for which he was exercising them, but I do admire people who exercise their freedoms as the law allows. Indeed, the video shows the GPD officer relenting to the camera operator, getting in his patrol car and driving away, suggesting that the officer determined the camera operator to be, in fact, within the bounds of the law.
It looks like everybody involved may have been unaware, however, of a state law that prohibits bringing a dangerous weapon to a demonstration at a health care facility. The (Greensboro, NC) News & Record reports that the camera operator, now identified as James Ronald Penn Jr, has been arrested and charged with "misdemeanor counts of possession of a firearm at a parade or demonstration, failing to store a firearm to protect a minor, and resisting a public officer."
Apart from whether we agree about carrying a firearm, this incident points out so well the fact that we have so many laws, the result is that doing anything at all probably violates one or more laws. For example, the person who comes to repair your heat pump may have his/her container of refrigerant in the back of his/her vehicle. It is a violation of FEDERAL LAW to transport that container except in the ORIGINAL carton. Electrician drops off child at school- knife in pocket or in vehicle is serious violation of law. Know any electricians who do not use a knife? The list is endless. We need lots less government!
ReplyDeleteWell, open carry is legal for most of us.
ReplyDeleteOn the other hand, and Roch, I know you and I have gone back and forth on this issue on someone else's blog a while back, but from what I understand, if a cop is conducting an investigation and you are involved, you are required to ID yourself if asked, usually by presenting a state issued ID and you can be taken to jail until your ID is determined though that normally will only happen if you are being charged with something.
And I know Roch disagrees, so lets run with the idea that you aren't required to ID yourself. I think anyone in possession of a firearm should have to ID themselves on demand because it is a felony for a good number of folks to be in possession of a firearm on public or private property.
I can understand standing your ground against oppression, but I can't imagine a situation where I may be in possession of a pistol and refusing to ID myself to a cop. I'm not a fan of being uncooperative with police just to do it.
--Brandon Burgess
Brandon,
ReplyDeleteThere is no state or federal law that requires you to carry an ID.
I'm going to try very hard not to let this escalate because we got nowhere the last time we discussed this.
ReplyDeleteIt is my understanding that you are required to identify yourself to an officer who is conducting an investigation in which you are involved. You do not have to answer any other questions other than those concerning name or address.
Maybe I am wrong, but I have been taken to jail after being issued a citation for carrying a concealed knife because I had no ID, though I did provide a name and address and advised the officer of the small, single edged pocket knife on my left side before the officer commenced a search that I consented to. I was released half an hour later after a buddy brought my state issued ID downtown.
I am not sure if this was illegal or not, but Ahmed Blake is the officer who charged me and then took me downtown so it's not inconceivable that he broke the law at that time.
I am leaving out one detail. I called him a f'ing nazi because he would not state why my pal was being arrested. I angered him and it is possible that he violated my rights while teaching me a lesson. I don't hold a grudge.
--Brandon Burgess
There is no need to escalate, Brandon. It is simple. Cops make mistakes sometimes. You can say, "This must be the law because I was arrested for it," or you can try to find the law itself. (I'm not sure how to help you there because I cannot prove a negative.)
ReplyDeleteHere's another indicator. The officer in the video did not arrest the camera operator for failing to produce an ID. The camera operator was subsequently charged with three crimes. None of them was for failing to produce an ID.
It is time for you to get to the truth of why you were arrested for failing to produce an ID. Assuming you weren't driving, it was not because it is the law.
Failure to store a firearm to protect a minor
ReplyDeleteDismissed by D.A.
Resisting a public officer
Dismissed by Judge
Possession of a firearm at a parade or demonstration
Not Guilty