Page 2 of 2 FirstFirst 1 2
Results 11 to 19 of 19
  1. #11
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Judge Banned Firearms in the Courthouse

    Quote Quoting cdwjava
    View Post

    Yeah ... too bad that no mandatory psych test is required before the issuing of an FFL. I've had to arrest and commit two guys with FFLs in my career, and one of them shot a cop in the head (a friend of mine). He was a loon! (He decided that laying on the RR track in front of a repair train and crew was a good place to pleasure himself with dirty magazines ... yeah ... fun ... and that was just the first of a few encounters leading up to the eventual shooting of an officer a few years later - and he still had his FFL.)
    well, that sure changed my mind about a career in law enforcement.


    just kidding cuz I'm just way to old to be changing careers but seriously, I do not envy your job.


    These guys became a nuisance in southern California for a while, but, as a result of all the attention paid to these yoyos the legislature has now banned the open carry of sidearms and long arms ... oops! The law of unintended consequences in action!
    while I am pro gun rights, I just cannot see a reason to open carry a weapon. Ya have to think about it; guy comes into the quickie mart to rob the place. He sees your gun. Does he just shoot you or try to make you relinquish it?

    The only reason I can think of to open carry is to intimidate people. It just doesn't serve a purpose other than that, that I can think of anyway.

  2. #12
    Join Date
    Sep 2012
    Posts
    3

    Default Re: Judge Banned Firearms in the Courthouse

    Nice read on the replies so far.

    In short, I *DO* hold that a citizen is lawfully and constitutionally allowed to open carry in an Idaho courthouse.

    Here's the "catch" in this specific instance, the "Courthouse" in question is *also* the same building wherein the County Commissioners and other County operations occur.
    Hence, the County Commissioners are using a "loophole" to shield themselves.

    The building is owned by another gov't entity which then "leases" to the courts and also to the county.

    I know for a 100% fact that the county commissioners do "conceal-carry" within the "courthouse". To me, if a *anyone* is conceal-carrying in a courthouse in Idaho, they have violated state law.

    Each of you are missing a critical point: SCOTUS ruled that a police officer is not constitutionally bound to protect an individual.

    When I am in a meeting with the county commissioners, who are carrying, who is to protect me from them?

    Why does an elected servant (e.g., district judge or county official) of the people get to exercise "constitutional rights" more-so than I as a citizen?

    There should be no greater "privilege" of exercising a constitutional right for person A than there is for person B, regardless of their "public servant" status.

    So, while the several of you state "I don't believe a person should be allowed to carry in a court(house)," I confidently disagree. And, noting that you don't believe a person should be allowed to carry in a court(house) doesn't answer my original questions, those being:

    Has a District Administrative Judge (AJ) violated State Constitution and/or State Statue/law/code by passing an "Order" banning weapons (specifically firearms) in the courthouse when state law does not "expressly authorize" the Judge to do so?

    Is there grounds enough for someone to file a state civil rights violation? Or, does someone first need to have "legal injury" (e.g., be charged with 'contempt of court') to then have legal standing?

    As well, strongly opposed any judge "legislating from the bench." That needs needs to stop (among the 10's of thousands of other state or federal constitutional violations).

  3. #13
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Judge Banned Firearms in the Courthouse

    Quote Quoting jk
    View Post
    while I am pro gun rights, I just cannot see a reason to open carry a weapon. Ya have to think about it; guy comes into the quickie mart to rob the place. He sees your gun. Does he just shoot you or try to make you relinquish it?
    I've often had a similar discussion with even those who carry a CCW. The weapon does you no good if someone gets the drop on you. best bet is usually going to be give up your wallet and let the bad guy leave. Trying to play Wyatt Earp with a guy with a gun is not usually the best decision - ESPECIALLY when drawing from a concealed position that is almost certainly rarely practiced. Heck, I'll be honest, I'm a demon from the holster and am a crack shot, but off duty, from a concealed position, I wouldn't even consider trying to get the drop on someone if I was in view!

    The only reason I can think of to open carry is to intimidate people. It just doesn't serve a purpose other than that, that I can think of anyway.
    I tend to agree. I suppose it might have a deterrent effect for some bad guys, but for the most part I think it just makes people focus on you ... or, rather, your gun.

  4. #14
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Judge Banned Firearms in the Courthouse

    Quote Quoting KCLegal
    View Post
    "Except as expressly authorized by state statute, no ... political subdivision of this state..."
    Courts aren't political subdivisions.

  5. #15
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Judge Banned Firearms in the Courthouse

    KC, since it appears to be an issue that is not clearly decided in your state, I can only suggest that you and a few like minded friends obtain legal counsel or the assistance of a firearms' rights group and take up the challenge to see where it goes. But, beware, it might go in a direction you do not want it to go ... or, as happened in CA, the law just might get changed. Right now it seems to be - for all practical purposes - up to the discretion of the court or presiding judge. It could change so that such discretion disappears.

    Your call.

  6. #16
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Judge Banned Firearms in the Courthouse

    Each of you are missing a critical point: SCOTUS ruled that a police officer is not constitutionally bound to protect an individual.
    and that means what in your situation? It has no relevance to your situation regardless of how much you want to argue you have a right to defend yourself because of it.


    So, while the several of you state "I don't believe a person should be allowed to carry in a court(house)," I confidently disagree
    well, you can disagree all you want. I know in my state and the one I live very near, weapons are not allowed in the courthouse. The last thing anybody wants in Detroit is to allow guns in the courtroom. Hell, they have enough fist fights on the court floor. I can pretty much guarantee there would be some shootings if you allowed guns in there.


    Has a District Administrative Judge (AJ) violated State Constitution and/or State Statue/law/code by passing an "Order" banning weapons (specifically firearms) in the courthouse when state law does not "expressly authorize" the Judge to do so?
    It would appear, based on the opinion letter Carl so graciously provided, no. It also states that it appears this has not been tested in the courts so, it sounds like it is ripe for a challenge. Are you up to it?


    Is there grounds enough for someone to file a state civil rights violation?
    Sure, as soon as you get arrested for refusing to comply with the order.

    Or, does someone first need to have "legal injury" (e.g., be charged with 'contempt of court') to then have legal standing?
    Now you're starting to get it.

  7. #17
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Judge Banned Firearms in the Courthouse

    Even assuming an appellate court ruled, "Sorry, trial courts, you have to let people pack heat", I would be extremely surprised if the legislature didn't respond by expressly allowing courts to prohibit visitors from bringing in firearms. It doesn't happen often, but there are plenty of nasty cases where people went nuts in court with knives, razors and guns.

  8. #18
    Join Date
    Sep 2012
    Posts
    3

    Default Re: Judge Banned Firearms in the Courthouse

    I'm almost in Heaven, well legal layman's heaven!

    I didn't expect such numerous and qualitative responses, and so soon.
    Thank you, each one. Especially cdwjava for that "gold mine" link to that PDF on joehuffman's blog.

    Do be certain that I do 100% plan to open carry into the courthouse so that I do obtain "legal injury" to then have "legal standing" as soon as I win the $100 million + lottery ... that's $100+ million *after* all the taxes are taken out.

    However, I do know that sometimes there doesn't need to be legal injury.

    Oh, FYI ~ I start Law School Fall, 2013.

    As such, I t'ain't a lawyer ... yet.

  9. #19
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Judge Banned Firearms in the Courthouse

    $100M?

    More like $1 and having to foot the $1M bill to fight this through the SCOTUS.


    However, I do know that sometimes there doesn't need to be legal injury.
    Yep. You should have seen it several times in the recent past such as; When Arizona enacted their check the papers law, that went to court before it was put in force; With Obamacare, that went to court after it was enacted but before it was in force.


    There are situations where it is possible. This isn't one of them, at least with you as the plaintiff.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Civil Rights Restoration: How Can You Get Your Firearms Restored by a Judge
    By COMPRESSOR in forum Criminal Records
    Replies: 1
    Last Post: 11-27-2011, 01:07 PM
  2. Ticket at Issaquah Courthouse
    By gkim1985 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 07-07-2010, 10:23 PM
  3. 1099-A After Courthouse Foreclosure Sale
    By majormoj in forum Tax Law
    Replies: 1
    Last Post: 02-10-2010, 07:15 AM
  4. Arrest Warrants: Calling Courthouse to Check Your Warrants
    By shadykorn in forum Criminal Procedure
    Replies: 2
    Last Post: 03-09-2009, 07:15 AM
  5. Ticket Errors: Courthouse Closed On Court Date
    By azvagabond in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 04-21-2008, 06:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources