Monday, September 08, 2008

Gun arrest at Obama rally opens up debate on rights

When is it proper to infringe upon the rights of a law abiding citizen?

No, that's not a trick question. For the past week, the message boards and forums have been crackling with discussions over an incident in Pennsylvania. A citizen in Ellwood City, Pennsylvania was detained by police, his handgun confiscated and then released, but his weapon was not returned. His crime? None. The charges? "Disorderly conduct and disrupting meetings and processions".

Note: The headline I used here is taken verbatim from the Ellwood City Register. As you'll find out when reading further, nothing happened AT the Obama rally. It all happened in another park across the street and away from the security surrounding the rally.

The facts:

Fact - San Francisco, April 6, 2008 - Barack Obama gave a speech at a fundraising event. At the speech he referred to working class voters in small towns who had lost their jobs as "They get bitter, they cling to guns or religion or antipathy to people who aren't like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations."

Fact - As per numerous media reports, folks from small towns across American took offense to Obama "looking down on them".

Fact - Ellwood City, Pennsylvania, August 29, 2008 - Barack Obama held a campaign rally in Ellwood City in Irvine Park.

Fact - Pennsylvania law makes it very clear that it is perfectly legal to openly carry a handgun in public without any kind of license or permission. (Note: My home state of Nevada is the same way, you only need a license to carry a concealed weapon.)

Fact - Ellwood City citizen John Noble normally wears a holster with his Glock 9mm handgun in public, openly displayed in accordance with the law and never bothered by police about it.

Fact - Prior to Obama's Rally, Noble posted to a web site calling for folks to meet at McIntosh Park (across the street from the park where Obama's rally was being held) to campaign against Obama.

Fact - In the web post and referring to Obama's remarks about clinging to their guns or religion, Noble encouraged everyone to bring their guns and Bibles.

Fact - Noble did in fact show up in McIntosh Park, wearing his gun and passing out leaflets or flyers.

Fact - Irvine Park, where the rally was being held was a controlled access area.

Supposition - Presumably if anyone tried to get in to the controlled access area while wearing a gun, they'd have been stopped by the police or Secret Service as they wouldn't have made it through the metal detector.

Fact - No one has reported, and Sheriff's Deputies and State Police have stated that at no time did Noble threaten anyone or draw his weapon.

Fact - Someone heading to the rally noticed Noble wearing his holstered weapon and complained to the police that there was an armed man across the street.

Fact - The Pennsylvania State Police created a disturbance by pulling officers from their assigned posts to confront Noble.

Fact - Despite not having broken any laws, Nobel was arrested and confined to a Secret Service SUV parked next to McIntosh Park for questioning.

Fact - The State Police confiscated Noble's legal weapon which had been legally displayed and did not return it to him.

Fact - The State Police charged Noble with disrupting the rally and disorderly conduct. (One count each of disorderly conduct and disrupting meetings and processions.)

Fact - Nobel wasn't AT the rally, wasn't heading to the rally and was in fact trying to stage a counter rally in a different park across the street.

Fact - As "evidence" of Noble's intent to disrupt the rally, State Police used the "bring your guns and bibles" post from the web site.

Fact - The Secret Service has stated that they won't file charges as Nobel at no time entered the park where the rally was being held. (In other words, he'd broken no Federal Laws.)

So, While not breaking any Federal, State OR local laws, John Noble was arrested, had his private property seized and had both his first and second amendment rights infringed. Meanwhile he has been charged with creating a disturbance which was actually created by the State Police and an Obama supporter.

The fact that someone going to an Obama rally would be concerned because of a citizen obeying all laws makes perfect sense in that it involves a gun. After all, Barack Obama is on record and has shown by his past actions that he is against the private ownership of handguns. The Democratic Party has also shown and proven that they are against and afraid of citizens owning weapons.

So all of this boils down to one scared anti-gunner causing the overreaction of law enforcement to infringe upon the rights of a law abiding citizen.

Now all this said, unless I was willing to deal with the consequences to make a statement, I wouldn't wear a gun anywhere near a Presidential Campaign Rally. That's just not smart. Luckily, being dumb isn't a crime as our jails and prisons are already overpopulated from the "War on Drugs" amongst other things.

Then again, you wouldn't catch me near an Obama rally anyway. One because I don't support him, two because he's a very big target. No way would I want to be anywhere in the vicinity if bullets start flying or bombs start going off. (To a much lesser extent, the same applies to a McCain rally.) This second part has nothing to do with how I feel about the men, but just the threat that they are to those around them who could be caught in the crossfire. The threat is real as shown by the Secret Service contingent surrounding both candidates, the metal detectors at the controlled access points, etc.

Pennsylvania Statute 18 P.C.S, 6106 defines when a person is breaking the law: "Any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree."

(Via Ellwood City Ledger.)



(Via Map of Incident from PAOpencarry.org.)



CNN Coverage of Obama's inflammatory statement.





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