Shooters Forum banner
1 - 11 of 11 Posts

·
Registered
Joined
·
3,655 Posts
cvc944, without the First Amendment, we wouldnt know anything about any infringement of the Second.
Good article and very clear that the responding officer was wrong. I think the settlement was a bit light and the fact that the plaintiff only got 2500 of the 23,500 because his lawyers got the rest is sickening. Tort reform wont help this, but removing the BS extraneous laws that make things so complicated that you need a lawyer for anything and everything would help. Clear cut issue like this, no lawyer necessary.
 

·
Inactive for over a decade
Joined
·
6,248 Posts
Pretty good article, and I've been in the same situation myself. I was accosted by officers in a small town outside a bigger city in MT and the officers there seem to think they are the ultimate law and can make it wherever they go. They paid me off too, but I didn't hire a lawyer.
 

·
Registered
Joined
·
3,262 Posts
cvc944, without the First Amendment, we wouldnt know anything about any infringement of the Second.
Good article and very clear that the responding officer was wrong. I think the settlement was a bit light and the fact that the plaintiff only got 2500 of the 23,500 because his lawyers got the rest is sickening. Tort reform wont help this, but removing the BS extraneous laws that make things so complicated that you need a lawyer for anything and everything would help. Clear cut issue like this, no lawyer necessary.
No judge would allow the attorney to get that much of it as his cut. Most likely the case was taken on contingency, and this consists of a reimbursement for his out-of-pocket expenses (which could well have been huge) plus a normal attorney's fee, which would be 25-35%.

My experience of attorneys is that few get rich, and most are paid nowhere near enough for having to deal with the moron clients they have. If common sense existed any more, few people would ever need a lawyer. True, a person of normal intelligence willing to research the law and the rules of the Court, prepare his case, depose witnesses, and spend his own money could probably prevail; but few have A) the intelligence, or B) the persistence required.
 

·
Registered
Joined
·
26 Posts
Often the police do not know the law. They think they know the law, but only an attorney really knows the law. And even then they have to look it up in not only the statutes, but also review the case law.

Yes, one doesn't always need an attorney, but as Pisgah said, how much effort does one want to put into it, provided they are smart enough to do the work? And another thing that an average person likely does not know are all the common law doctrines and defense theories which are not always readily apparent in a review of case law.
 

·
Banned
Joined
·
334 Posts
This is a valuable lesson for every CCW holder. Know the law. If you need help in your state, let me know - and I will be happy to plain-English your state's law.

It's time we banded together and "out think" the local authorities.
 

·
Super Moderator
Joined
·
3,886 Posts
Interesting article

I like Paul Carpenter and he does a lot of good exposing that which needs exposed. I am surprised that The Morning Call printed the article. That newspaper is not pro gun rights. All the best...
Gil
 

·
Registered
Joined
·
485 Posts
If that police department was paying the $23K out of their own pockets, then you they may actually "learn a lesson". Since this money will be paid by the taxpayer, this behavior will simply continue.
 

·
Banned
Joined
·
103 Posts
something for me be thankful for..most deputies in stanly co,n.c. have common sense..
most are just out to do thier job..keep the peace..protect the innocent from those who don t care who they hurt ,on the rds or where ever...most do a good job an i for one am glad to see them around ..this includes n.c. high way patrolmen..my hats off to them..
theres always the exception ,but i don t think they last long here..hope thats the way it stay here .
 

·
Registered
Joined
·
256 Posts
I discussed this case with an A-town officer at our hunting camp two days ago. There has been internal policy changes in regard to open carry. These policys were enacted shortly after this gun issue occured. Thus, the department heads knew they were in violation of constitutional rights.
 
1 - 11 of 11 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top