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Police Arrest Man for Openly Carrying b/c Obama was Going to Speak; UPDATE: Trial on Tuesday 12 JUL!
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Mike
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 Posted: Sat Aug 30th, 2008 06:08 pm
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http://www.timesonline.com/articles/2008/08/29/news/doc48b8adb204d42890214530.txt
 

Man arrested for having gun at rally
By Bill Vidonic, Times Staff
Published: Friday, August 29, 2008 11:10 PM EDT
BEAVER — An Industry man is facing a disorderly conduct charge for attending the Barack Obama rally in Irvine Park with a loaded gun that was holstered on his hip, according to state police and the Beaver County sheriff’s department.

John Noble, 50, was questioned by police for several hours Friday night after the incident, in which witnesses said he also was passing out fliers with writing about gun rights.

John Atkinson of Vanport Township said he saw Noble passing out the fliers and noticed the small-caliber handgun strapped to the man’s waist. He said he quickly notified nearby deputy sheriffs, and deputies Joseph O’Sche and Rich Yonlisky approached the man as he walked along Market Street.

Atkinson said that when the deputies asked why he had a gun, Noble replied, “Because I’m an American,” and one of the deputies responded, “Well, you’re under arrest.”

Noble was hustled to a nearby vehicle, and state police took him to the Brighton Township barracks to question him.

Beaver County Sheriff George David said that Noble insisted he had a right to have the gun because he has a permit to carry it. It wasn’t clear late Friday whether Noble had a valid permit.

David said Noble “wanted to show his rights.” He said Noble never removed the gun from the holster or threatened anyone.

Noble’s arrest took place around 7 p.m., nearly 90 minutes before Sen. Obama and the rest of his campaign team arrived in Beaver.

Bill Vidonic can be reached online at bvidonic@timesonline.com.

Doug Huffman
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 Posted: Sat Aug 30th, 2008 06:15 pm
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The Beaver County and Allegheny Times still has no comments on this tocsin.

Mike
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 Posted: Sat Aug 30th, 2008 06:26 pm
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I just posted the following comment, not yet printed: 

"Interesting - I wonder how constitutionally protected conduct will amount to disorderly conduct? 

Answer:  It won't, and the police are liable to be sued for damages
 
In any event, the man did NOT need any permit to carry a handgun openly in a holster because PA is like most states where any person (not otherwise prohibited from possessing a gun) may openly carry a handgun in a holster, at least on foot.

Mike Stollenwerk
OpenCarry.org"

Doug Huffman
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 Posted: Sat Aug 30th, 2008 06:59 pm
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I had tried too but captcha seldom if ever works with my computer.  One comment is noted but not - to me - visible.

Armed
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 Posted: Sat Aug 30th, 2008 07:29 pm
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Mike wrote: I just posted the following comment, not yet printed: 

"Interesting - I wonder how constitutionally protected conduct will amount to disorderly conduct? 

Answer:  It won't, and the police are liable to be sued for damages
 
In any event, the man did NOT need any permit to carry a handgun openly in a holster because PA is like most states where any person (not otherwise prohibited from possessing a gun) may openly carry a handgun in a holster, at least on foot.

Mike Stollenwerk
OpenCarry.org"


What do you want to bet that your comment won't show up at all?  It's been an hour since your post and I just checked - still no comments on that story.

Local paper here does the same thing. 

Pa. Patriot
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 Posted: Sat Aug 30th, 2008 08:52 pm
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Original discussion thread here:
http://opencarry.mywowbb.com/forum46/15537.html

Discussion on PAFOA:
http://www.pafoa.org/forum/concealed-open-carry-121/31196-mtn-jack-arrested-oc-near-obama-rally-site.html



Pa. Patriot
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 Posted: Sat Aug 30th, 2008 08:53 pm
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Article from today:::


http://www.post-gazette.com/pg/08243/908351-100.stm


Industry man contests arrest outside Obama rally

Saturday, August 30, 2008
By Milan Simonich, Pittsburgh Post-Gazette
___________________________________________
A Beaver County man who routinely wears a pistol on his hip says he was illegally arrested by local law officers before a rally for Democratic presidential candidate Barack Obama.

"I am a threat to no one. Mr. Obama doesn't trump my constitutional rights. The president of the United States doesn't trump my constitutional rights," said John Noble, who was handcuffed, questioned for about two hours and then told by state police that he would receive two citations for disorderly conduct.

Mr. Noble, 50, of Industry, said he wore a holstered Glock 19 when he entered the park across the street from the Beaver County Courthouse more than an hour before Mr. Obama arrived for a campaign appearance Friday night.

"I had a Bible in one hand and an apple in the other. I was going to pass out my fliers [on the rights of law-abiding Americans to carry guns], but I never got the chance."

State police in Beaver County referred questions about Mr. Noble's arrest to Trooper Shawn Schexnaildre, of New Castle, who was part of the law enforcement detail in the park. The trooper, who was to begin his shift later today, could not be reached immediately for comment.

Jim Gehr, agent in charge of the U.S. Secret Service field office in Pittsburgh, said the federal agency did not file any charges against Mr. Noble.

"Our people did talk to him. He never entered the event area," Agent Gehr said.

Mr. Noble said four or five law officers, plus a police dog, descended on him after somebody reported that he was wearing a pistol on his hip. He said they held him for 40 minutes in a Secret Service vehicle, then took him to the Beaver barracks of the state police for questioning. After being cuffed and shackled, he said, police eventually read him his rights. They also confiscated his pistol.

"Didn't even give me a receipt for it. There were lots of violations of my constitutional rights," Mr. Noble said,

After his arrest, his wife, Janet, handed out his fliers on citizens' rights to carry guns.

Mr. Noble said he had not decided whether to support Mr. Obama or Republican John McCain in the presidential election. He said he hoped Mr. Obama would call him to affirm the right of a law-abiding man to carry a pistol while a presidential contender visited.

Mr. Noble, a former body guard, said he used to carry his pistol in his clothing. But, he said, he has openly worn his handgun in a secure holster for the last four or five years. Nobody ever bothered him before, he said. He said he sometimes is asked why he carries a gun, and he explains that it is his constitutional right. In a practical sense, he said, he arms himself for protection.

He said he has a lawyer and may bring a lawsuit over his treatment by police.


First published on August 30, 2008 at 1:04 pm

Mike
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 Posted: Sat Aug 30th, 2008 09:50 pm
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This incident is reminisent of the "Smoketown 6" incident when PA police claimed the right to arrest people at will for free speech on a public street just because President Bush was driving thru town. 

See http://www.aclu.org/freespeech/protest/11525prs20041014.html

sccrref
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 Posted: Sat Aug 30th, 2008 09:59 pm
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I can only hope that he files suit, wins and wins huge.

Grapeshot
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 Posted: Sat Aug 30th, 2008 10:50 pm
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The SS ....er I mean Secret Service seems to have extra-legal capacity sometimes and sometimes I understand it and sometimes I don't.  I feel reasonably sure that they were constructive in influencing the state police to file the charges.

Everything I have read and seen on this matter would indicate no illegal activity was taking place except by law enforcement personnel.

       Yata hey

      

chrsjhnsn
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 Posted: Sat Aug 30th, 2008 11:53 pm
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It seems to be making international news, of course when he is totally exonerated it wont make the news at all.

Mike
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 Posted: Sun Aug 31st, 2008 12:07 am
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chrsjhnsn wrote: It seems to be making international news

Where?  URL please.

Mike
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 Posted: Sun Aug 31st, 2008 12:35 am
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MSNBC report:  http://www.msnbc.msn.com/id/26464328

Statesman
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 Posted: Sun Aug 31st, 2008 12:37 am
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What law was broken?  What was the disorderly conduct?  I question who has the "disorder" here.

I hope this guy makes bank on this illegal arrest lawsuit.

Mike
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 Posted: Sun Aug 31st, 2008 01:46 am
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And the "Democratic UnderGround" has picked this up - http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x3461596

NOTE:  Some pro-gun comments!

Statesman
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 Posted: Sun Aug 31st, 2008 01:57 am
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NOTE: Some pro-gun comments!
Quick! Look!  The sky is falling! :what:


Sea_Chicken
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 Posted: Sun Aug 31st, 2008 03:28 am
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Disorderly conduct? What about kidnapping, ileagal search and seizure, theft of a fire arm, hell you could almost throw freedom of religion in there too. I wonder what Osam... I mean Obama has to say in reaction or if he even has a pair enough to admit this was an injustice.

Mike
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 Posted: Sun Aug 31st, 2008 05:18 am
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Another article:  http://www.thepittsburghchannel.com/news/17342284/detail.html?rss=pit&psp=news 

Pa. Patriot
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 Posted: Sun Aug 31st, 2008 06:07 am
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Another article:  http://www.thepittsburghchannel.com/news/17342284/detail.html?rss=pit&psp=news
In a news release, state police Trooper Shawn L. Schexnaildre wrote that Noble “breached the secured perimeter of a presidential candidate political rally with a handgun fully loaded, operational, holstered and exposed.”

 Cool!

So now we have Pennsylvania State Trooper Shawn L. Schexnaildre blatantly lying to the media.

Say goodbye career, Mr. Schexnaildre.

Pa. Patriot
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 Posted: Sun Aug 31st, 2008 06:17 am
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FYI, trooper Schexnaildre is a 2005 academy grad
http://www.psp.state.pa.us/psp/cwp/view.asp?A=11&Q=173939

Last edited on Sun Aug 31st, 2008 07:11 am by Pa. Patriot


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