Cases lining up to ask Supreme Court to clarify Second Amendment rights

[alp227]

Two cases from opposite sides of the Potomac River are giving the court a chance to speak up.

In the Maryland case, Charles F. Williams Jr. is challenging his 2008 conviction in Prince George’s County of violating the state’s prohibition on wearing, carrying or transporting a firearm in public without a permit. Williams had his legally acquired gun in a bag as he traveled from his girlfriend’s home to his own.

Williams acknowledges that he had not applied for a permit. But his lawyer, Stephen Halbrook, says that shouldn’t matter: the Maryland law is so restrictive that it “basically says ordinary people can’t get one.” He argues in his petition that the law violates the Supreme Court’s “analyses and plain statements in Heller and McDonald that the right to bear arms exists outside the home.”

Peyton represents Sean Masciandaro, a reptile wrangler from Woodbridge, who was convicted of violating a ban on having a loaded firearm in a vehicle on national parkland. Masciandaro, who puts on educational demonstrations as owner of Raging Reptiles, said he was exhausted from traveling when he pulled off George Washington Memorial Parkway to take a nap at Daingerfield Island near Reagan National Airport.

A park police officer noticed him illegally parked, woke Masciandaro and, seeing a knife under his seat, asked if he had other weapons. Masciandaro said there was a loaded handgun in a bag in his trunk. (Masciandaro said the gun was for protection from people, not his animals, which travel separately.)

full: http://www.washingtonpost.com/politics/cases-lining-up-to-ask-supreme-court-to-clarify-second-amendment-rights/2011/08/11/gIQAioihFJ_singlePage.html

[petronius]

1. Off topic, but if Masciandaro had declined to answer the "other weapons" question,

would the officer have had any right to insist on a search? Sounds like he talked himself into trouble...

[Tuesday Afternoon]

3. How would you have answered that question? Sounds to me like he

should have NOT parked illegally. This whole scenario could have been avoided if he had only parked properly. :shrug:

[Atypical Liberal]

4. Rule #1, don't talk to the police.

There are some good Youtube videos on this you should go look up.

Basically, never talk to the police. Even if you know you are innocent. The police are not there to help you, and what you say can be used against you, even if you are innocent.

Here is one:

http://www.youtube.com/watch?v=i8z7NC5sgik

But there are many like it. Search for "don't talk to the police".

[Tuesday Afternoon]

5. that is a 27 min video. Can you just tell me -- what he says to do

if a cop approaches you with a question -- am I supposed lawyer up immediately? what if one is pulled over for a speeding ticket and the cop asks "do you know how fast you were going?" what should my reply be in that instance?

[Atypical Liberal]

6. He says, "Don't talk to the police".

if a cop approaches you with a question -- am I supposed lawyer up immediately? what if one is pulled over for a speeding ticket and the cop asks "do you know how fast you were going?" what should my reply be in that instance?

He says, "Don't talk to the police".

If you are interested in the particulars, I highly advise watching the videos.

Here is another excellent video on two different ways to handle being pulled over by the police:

http://www.youtube.com/watch?v=hkpOpLvBAr8

It is 9:13 long.

Basically, when you are confronted by the police, you should simply ask, "Am I being detained?" and "I do not consent to any searches."

If the police officer asks you, "do you know how fast you were going?", you should respond with, "Is there a problem, officer?"

You do not want to admit that you don't know how fast you were going, and you don't want to admit that you did know, either.

The one thing I will say about being pulled over for speeding - I read this book, written by a cop, called, "How to avoid getting speeding tickets", and it works.

He says there are two things about a policeman pulling you over that work for and against you. Their fear, and their ego. You want to assuage their fears, and stoke their egos (without sucking up). Further, you do not want to just sit there like a bump on a log, otherwise you will just become another nameless face he encounters while doing his job, and he will procede to do his job - give you a ticket.

When you are being pulled over, you should pull over as fast as possible. Do not dawdle or pretend that you didn't see the police officer. This just makes them mad. Instead, pull over as fast as safely possible. This shows respect for his power, which feeds his ego. When you pull over, turn off your engine, turn on your flashers, turn on your internal lights, roll down your window, and keep both hands on your steering wheel. (note the window thing goes against the advice of the video above). Also, do not get out of the vehicle unless instructed to do so.

The idea here is to present yourself as harmlessly as possible to the police officer. This assuages his fear. Every time he pulls someone over he has no idea if this is going to be the guy who decides to speed off, or pull a gun, or whatever. You want to put him at ease.

Finally, the author said to talk to the police officer. Don't just sit there silently taking what comes to you. You need to become a person in the officer's eyes, not just another number. It's a lot harder to ruin the day of a real person than just another number.

Anyway, I highly recommend you spend some time watching those movies. Especially if you have anything incriminating on your person or in your vehicle. The speeding ticket advice pretty much only applies if the only thing you are guilty of is speeding.

[Tuesday Afternoon]

7. thanks for the links.

I do not have anything incriminating on my person or in my car.

Had the man in the OP NOT parked illegally he probably would have avoided the encounter from the get go.

regarding these lines:
Basically, when you are confronted by the police, you should simply ask, "Am I being detained?" and "I do not consent to any searches."

If the police officer asks you, "do you know how fast you were going?", you should respond with, "Is there a problem, officer?"

answering questions with questions - - I can already see the officer's raised eyebrow.

and in the first case, then stating:
"I do not consent to any searches."

I can see this becoming ugly really quickly. Good luck to any and all with those scenarios.

[Atypical Liberal]

8. Watch the second video for context.

This one:

http://www.youtube.com/watch?v=hkpOpLvBAr8

Obviously if you start right out of the gate with "I do not consent to any searches." you are going to raise suspicions.

That said, you should never answer questions about a crime without an attorney present. The police will understand exactly what you are doing and saying if you go this route.

When asked, "Do you know how fast you were going?", the correct response would be, "What seems to be the problem, officer?" If the officer insists on pressing the question, simply say, "I do not wish to answer that question without an attorney present."

Confrontational or not, this is the way the law works.

[Tuesday Afternoon]

9. uhm. ok. whatever. thanks for the links.

forgive me for passing on your advice. I know you mean it in the kindest, gentlest way possible. Have not been pulled in a long time and plan to continue that. I drive legal limits and park legally.

Again, I say:

Had the man in question parked legally to begin with the officer would have not had questions.

[Atypical Liberal]

10. I'm the same way.

Have not been pulled in a long time and plan to continue that. I drive legal limits and park legally.

Me too.

Again, I say:

Had the man in question parked legally to begin with the officer would have not had questions.

No doubt. The best way to avoid trouble with the law is to obey the law.

[We_Have_A_Problem]

12. You say...

...you dont have anything incriminating on your person or in your car...

Hmm...do you not realize your car in and of itself could be considered incriminating if someone wants to present it as such? After all, you have bomb making materials designed into the very framework of the vehicle!

[krispos42]

2. Connecticut has the same law as Maryland, for pistols

It would be nice to have it overturned so I could bring my handgun to the range and practice with it.

[Kennah]

13. Except that CT is a Right To Carry state and MD is not

[krispos42]

15. Well, hopefully that will change soon.

It's pretty ridiculous that CCW is so arbitrary.

[Kennah]

16. I keep hoping

I grew up in P.G. County, Maryland. #2 most violent county in the #2 most violent state. Restrictive CCW ain't serving anyone but the criminals.

For a while I was paying closer attention to local happenings there, but the incidents of witnesses being murdered by crime gangs and I had to tune out.

[krispos42]

17. Snitches get stitches?

Sounds... interesting.

[We_Have_A_Problem]

11. Those of you who are saying he should not have parked...

...illegally obviously do not have a clue how the GW Parkway is laid out. It is a major traffic artery in the Washington DC metro area and has the occasional pull-off's which are rest areas/parking. It is easy to understand how someone, even someone who lives there, may not realize he is technically on national park land. It isn't like it runs through some secluded, limited access area.

In that regard, I can certainly understand how he could not realize what he was doing was illegal only because it was national park land. Were it an interstate highway, for example, it wouldn't be an issue.

Regardless of all of THAT - he was in his own car, he doesn't live there, and he was traveling. The Firearms Owners Protection Act probably comes into play here.

Very likely, he's going to walk, and the Park Police will face a pretty stiff judgement for his legal defense.

[Kennah]

14. There are more than 2 dozen cases with SAF and/or NRA backing in the works right now