Harassed Open and Concealed Carry Gun Owners Sue in Federal Court

Quite pleasant to read.

I wasn't aware that you could sue civilly in a Federal Court though. Good for them for going forward with it.
 
You can sue civilly in federal court under diversity (for example, a citizen of one state v. a citizen of another state and the claim meets the financial requirement, which I believe is currently >$75,000) or if the claim at issue involves a question of federal law.

I haven't read the entire complaint, but it seems the federal question angle is present here, involving the 1st, 4th, 5th, and 14th Amendments.
 
Ah yes, I've kept up with Billy Jack's suits. The unfortunate thing is that it's going to take FOREVER to get any kind of results on reversing the CCW situation in the PRK.
 
I like the whole idea of open carry except for two things the fear it engenders in the uninformed and that a potential assailant knows you are armed, which could be a good or bad thing depending on their mind set.

The police overreacted in this situation and were probably angered that Banks refused to produce identification. Most would like to walk up to anyone at any time and 'see their papers', on merely a hunch.

I myself always cooperate with them and treat them like friends and once their concerns are assuaged, I go on my merry way.
 
This strikes me as a premeditated act with the intention of drawing attention and getting arrested so that they can counter with legal action. They strapped on their guns and went out in public with the intention of putting on a display, making people nervous, and pushing their agenda.

If this is the case, kudos to them. This is how a respectable and law abiding person should fight an unjust system. Publicly, proudly, openly, and defiantly.

People should pay attention to the major differences between how they did it and people that get caught with illegal weapons they are trying to hide. These people seem to have taken a stand. They did not simply try to get away with something and then get caught.

Even though I am not a supporter of open carry, if I am right and this is indeed the case, I support them and their methods.
 
I guess if your theory is correct PBP that would explain Banks passive aggressive behavior. He intended to get arrested and the presence of the video camera was to obtain evidence for the law suit.

Well, lets hope they win and strike a blow for the rights of the law-abiding.
 
it seems the federal question angle is present here, involving the 1st, 4th, 5th, and 14th Amendments.
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I would have thought that police misconduct would be something that States could address, and then if necessary it could be appealed to the feds ... I am not seeing how the federal courts have original jurisdiction over such matters.
 
I am not seeing how the federal courts have original jurisdiction over such matters.
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Yeah, I didn't see it either. But like I said before, I haven't read the entire complaint, so maybe it's in the parts I didn't read.
 
I am starting to see a pattern in this type of incident, where people either defy the law or stay within the law but defy societal norms, trying to raise a fuss ... it seems like such people typically plan for the feds to step in and force reform on their State. I do not approve.


"To the Government of the United States has been intrusted the exclusive management of our foreign affairs. Beyond that it wields a few general enumerated powers. It does not force reform on the States."

- Inaugural Address of James Knox Polk (TUESDAY, MARCH 4, 1845)
 
The police report was very good. If it is factual, the PD behaved professionally and admirably while trying to ascertain the facts of the incident.

I am for open carry, and while I don't mind rustling the feathers of those who are fearful of those who do carry openly, I know I am required by state law to provide ID when asked for it, and would not make a stink about it.

I have heard of individuals being charged with 'disorderly conduct', or 'disturbing the peace' for open carrying lawfully. I imagine that it depends on a number of factors:
1. The awareness of the responding police officers of current firearms laws.
2. The attitude of the individual carrying. Respect for law enforcement goes a long ways.
3. The attitude of the person who makes the complaint.
 
Jurisdiction is based upon 28 U. S.C. §1331 and §1343.
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It so happens that I have been reading some of the debate over the reconstruction era Civil Rights Bill and Enforcement Act ... this idea that the feds should have original jurisdiction over civil rights violations seems kind of familiar to me.

It seems to me that these folks have recourse under State law. If they also have recourse under federal law, does that mean that everybody has jurisdiction and they can pick what court they'd prefer? I wonder if they have it figured out, which judges they'd have to deal with in the different judical systems ... or if they just assume that the federal government is there to force reform on the States.
 
Aren't the US constitution and bill of rights federal papers? Wouldn't that make the federal government the final authority when a local law or practice was in violation of the bill or rights or constitution? Or should states have the right to violate the federal constitution? I seem to remember a lot of gun owners wanting the feds to step in all the time when state laws violate federally granted rights and privileges.
 
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Our system actually has two primary types of sovereigns: federal and state. Sometimes, they overlap, and each sovereign can enforce its own laws. If I recall, kidnapping is one of those crimes that can involve multiple sovereigns. For example, if you kidnap someone in State A and take them to State B, you've violated the laws in two states and (if I recall correctly) federal law by crossing a state border. Thus, you could be prosecuted for kidnapping by three different sovereigns: State A, State B, and the federal government.

Without having read the entire complaint, I can't really say whether this issue is a purely federal claim or whether there's some sort of overlap.
 
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