Author Topic: Display of gun prevents trouble. Go figure.  (Read 2536 times)

Matthew Carberry

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Display of gun prevents trouble. Go figure.
« on: May 08, 2009, 02:50:18 AM »
This was misreported at first as "a man pointing a gun at children at the Mall" but got clarified.

It isn't relevent but this particular Mall is posted "no guns",which has no legal standing in Alaska (other than trespassing if you are asked to leave).

http://www.adn.com/news/alaska/crime/story/787434.html

Quote
Man pulls gun in self-defense on group of harassing teenagers

By JAMES HALPIN
Anchorage Daily News | jhalpin@adn.com

Published: May 7th, 2009 02:48 PM
Last Modified: May 7th, 2009 07:34 PM

A report of a man pointing a gun at some teenagers on bikes at the Sears mall spurred an extensive police response and prompted school district officials to lock the doors at Fairview Elementary School Thursday afternoon.

But it turned out the young adults had in fact been harassing the man and that he pulled a weapon from his vehicle for protection, police Lt. Dave Parker said.

The two parties split after the incident at about 1:45 p.m., but witnesses followed the man with the gun north on the Seward Highway to 13th Avenue and Gambell Street, where police with guns drawn stopped the man and a passenger.

Seeing that activity, the principal of the Fairview school locked the doors, school district spokeswoman Heidi Embley said. It was the only school to take any action and reopened a short time later, she said.

After questioning the suspect and other witnesses -- the youths could not be located -- police determined the unnamed man had acted within his rights because he had not pointed the weapon at anyone and had not brandished it in a menacing manner, Parker said.

The man, his passenger and weapon were free to go, he said.
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digitalandanalog

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Re: Display of gun prevents trouble. Go figure.
« Reply #1 on: May 08, 2009, 03:15:49 AM »
So he was "unarmed" though he had a gun in the car...semantics. Only unarmed 'til he got to the car, right?

The weapon was displayed, but not brandished. Might work in Alaska, but in Arkansas you take your chances if the weapon is seen and there is a confrontation reported that involves said holder of said weapon. Malicious intent is almost never taken into consideration. If you did it, you could be in big trouble unless it was proven that said display was needed in the act of preparing to defend oneself from a life threatening act.

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slugcatcher

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Re: Display of gun prevents trouble. Go figure.
« Reply #2 on: May 08, 2009, 08:20:20 AM »
Maybe Alaska just has more common sense laws than Arkansas.

dogmush

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Re: Display of gun prevents trouble. Go figure.
« Reply #3 on: May 08, 2009, 08:54:09 AM »
I can't help but think if the guy had called the APD and said something to the extent of "Hey, a bunch of teenagers just tried to assault me, I got scared and showed them my weapon and they ran off, would you like me to come in and make a report?"  he could have advoided the whole thing.  Sure he was within his rights, but anytime you use a weapon it helps to be the first person LE hears from.

FYI, A similar thing happened to me a couple of years ago (one guy in a dark parking lot), and when I called and reported it, TPD just took my name and contact info, and told me to go home over the phone. It was no big deal.

CNYCacher

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Re: Display of gun prevents trouble. Go figure.
« Reply #4 on: May 08, 2009, 09:18:31 AM »
So he was "unarmed" though he had a gun in the car...semantics. Only unarmed 'til he got to the car, right?

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roo_ster

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Re: Display of gun prevents trouble. Go figure.
« Reply #5 on: May 08, 2009, 09:58:45 AM »
Two points:

1. Why are the locals so intent on following the victim of the menacing teenagers rather than the menacing teenagers?

2. Why is it that schools go to lockdown when a sparrow falls from the sky, nowadays?
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roo_ster

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Perd Hapley

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Re: Display of gun prevents trouble. Go figure.
« Reply #6 on: May 08, 2009, 10:03:29 AM »
I can't help but think if the guy had called the APD and said something to the extent of "Hey, a bunch of teenagers just tried to assault me, I got scared and showed them my weapon and they ran off, would you like me to come in and make a report?"  he could have advoided the whole thing.  Sure he was within his rights, but anytime you use a weapon it helps to be the first person LE hears from.

Quote
The two parties split after the incident at about 1:45 p.m., but witnesses followed the man with the gun north on the Seward Highway to 13th Avenue and Gambell Street, where police with guns drawn stopped the man and a passenger.

He may have thought the "witnesses" were associates of the teenagers.  'Course, maybe they were.  The point being, he may have been still been in "run for your life" mode.  From the article, you can't tell how long the would-be victim and his friend were on the road; maybe they just hadn't called 911 yet.  Or maybe they were the ones that called the cops. 
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grislyatoms

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Re: Display of gun prevents trouble. Go figure.
« Reply #7 on: May 08, 2009, 02:59:20 PM »
Quote
The two parties split after the incident

Cheech Marin popped into my head...

"Like, wow, man, there was this one cat over here dude was packin', and, like, a bunch of other cats over there, and then they split, man."

 =D   
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Thor

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Re: Display of gun prevents trouble. Go figure.
« Reply #8 on: May 08, 2009, 03:21:58 PM »
I can't help but think if the guy had called the APD and said something to the extent of "Hey, a bunch of teenagers just tried to assault me, I got scared and showed them my weapon and they ran off, would you like me to come in and make a report?"  he could have advoided the whole thing.  Sure he was within his rights, but anytime you use a weapon it helps to be the first person LE hears from.

FYI, A similar thing happened to me a couple of years ago (one guy in a dark parking lot), and when I called and reported it, TPD just took my name and contact info, and told me to go home over the phone. It was no big deal.

I have been told that whenever there is a confrontation and a gun is involved in a self-defense way, that the person with the gun would be better off if they were on the phone with the cops right away. I suppose it's possible that the man that defended himself didn't have a cell phone.
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Matthew Carberry

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Re: Display of gun prevents trouble. Go figure.
« Reply #9 on: May 08, 2009, 04:12:46 PM »
There's a bit more detail in the comments section today.

According to one commentator:

The gentleman was 62.

The police didn't "pull him over" he drove to a nearby police substation to report the incident.

The harassment in part involved the young men spitting on him and/or his wife.


The young men thus far have not reported the incident, which at least suggests that they knew they were in the wrong.
"Not all unwise laws are unconstitutional laws, even where constitutional rights are potentially involved." - Eugene Volokh

"As for affecting your movement, your Rascal should be able to achieve the the same speeds no matter what holster rig you are wearing."

mfree

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Re: Display of gun prevents trouble. Go figure.
« Reply #10 on: May 09, 2009, 11:18:22 AM »
"I suppose it's possible that the man that defended himself didn't have a cell phone. "

Dunno what coverage maps look like in Alaska, but that's more than just possible.

And yeah, if someone were following me after an incident like that, I wouldn't be stopping for a payphone either. I'd be finding the law, which as I gather it, this guy did.

Matthew Carberry

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Re: Display of gun prevents trouble. Go figure.
« Reply #11 on: May 09, 2009, 04:54:04 PM »
Anchorage is our largest city, cell coverage is as good as anywhere.
"Not all unwise laws are unconstitutional laws, even where constitutional rights are potentially involved." - Eugene Volokh

"As for affecting your movement, your Rascal should be able to achieve the the same speeds no matter what holster rig you are wearing."

mfree

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Re: Display of gun prevents trouble. Go figure.
« Reply #12 on: May 09, 2009, 05:50:45 PM »
That doesn't mean the guy lives in Anchorage.

Matthew Carberry

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Re: Display of gun prevents trouble. Go figure.
« Reply #13 on: May 09, 2009, 05:58:07 PM »
That doesn't mean the guy lives in Anchorage.

Ahhh, gotcha.  Good point.

In this case, he probably does, at least I haven't seen any info to the contrary and that is something the press usually looks up if they can. 

We have cell coverage in all but the smallest villages. He either didn't have one or chose not to use it.
"Not all unwise laws are unconstitutional laws, even where constitutional rights are potentially involved." - Eugene Volokh

"As for affecting your movement, your Rascal should be able to achieve the the same speeds no matter what holster rig you are wearing."

Perd Hapley

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Re: Display of gun prevents trouble. Go figure.
« Reply #14 on: May 09, 2009, 06:54:19 PM »
How do we know that he (or his friend) didn't call the police? 
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Matthew Carberry

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Re: Display of gun prevents trouble. Go figure.
« Reply #15 on: May 09, 2009, 07:16:31 PM »
There is a commenter claiming to be the passenger who says they didn't.

"Not all unwise laws are unconstitutional laws, even where constitutional rights are potentially involved." - Eugene Volokh

"As for affecting your movement, your Rascal should be able to achieve the the same speeds no matter what holster rig you are wearing."