Open Carry Group’s lawsuit names Dickson City cops

[beevul]

Open Carry Group’s lawsuit names Dickson City cops
BY CHARLES SCHILLINGER
STAFF WRITER
06/13/2008

DICKSON CITY — Several people involved in an incident that sparked a gun rights debate last month filed a suit in federal court Wednesday looking not only for money, but for the court to force borough police to complete additional training.


The suit stems from a May 9 incident in which police asked for identification from a group of customers openly carrying firearms at Old Country Buffet. At least one person, Richard Banks, of Fairview Township, Luzerne County, refused to provide a driver’s license and was detained. Roger McCarren, of White Mills, Wayne County, had his gun taken because the state police gun sales database indicated it was purchased by his wife, Darcie.

Mr. Banks, Mr. McCarren, Larry Meyer, of Susquehanna, and Mr. Banks’ wife, Judy Banks, filed the suit in U.S. District Court for the Middle District of Pennsylvania. The suit names as defendants two officers, Karen Gallagher and Anthony Mariano, along with Police Chief William Stadnitski and Dickson City Borough.

The plaintiffs are asking for compensatory damages in excess of $100,000 and an “injunction requiring the individual defendants to receive such additional training as may be necessary to prevent a recurrence.” The compensatory figure doesn’t include punitive damages, which can be awarded as a punishment and a deterrent to the alleged rights violation being repeated.

The suit differs from the incident report on several points, including an allegation that police demanded “under threat of being arrested” that Mrs. Banks stop video-recording the incident. The police report indicated Officer Gallagher simply asked Mrs. Banks to turn off the recorder.

http://www.thetimes-tribune.com/site/news.cfm?newsid=19770867&BRD=2185&PAG=461&dept_id=415898&rfi=6

It would appear, if the allegations of the police demanding “under threat of being arrested” that Mrs. Banks stop video-recording the incident are true, that the police knew full well what they were doing.

Why else would they demand such a thing?

[AtheistCrusader]

1. This jumped out at me

"Roger McCarren, of White Mills, Wayne County, had his gun taken because the state police gun sales database indicated it was purchased by his wife, Darcie."

Why in the hell would that be wrong? Even if it were a present, it's not a straw purchase. Since my wife and I carry pistols of different dimensions and weight, sometimes we switch, or one carries, the other doesn't, etc.

That's the craziest reason I've ever heard to confiscate a firearm.

[aikoaiko]

2. I wonder if open carry activism helps or hurts the the RKBA side of the issue?

On one hand, I can see how people might come to realize that most people who legally carry guns are just like them and not a threat.

On the other hand, such activism could cause backlash.

[old mark]

3. I believe a lot of these folks are trying to provoke an argument

with the people who are open to be educated about this. It seems that when people are introduced to the real facts about guns the screaming lies and cheap politics of the antis are put into perspective. Some people are even converted, but many at least are more disposed to view the issues rationally.When that happens, gun owners usually win.

mark

[mvccd1000]

4. I don't know if it does one more than the other, but....

.... it certainly gets people to think about the issue. Especially those present (who hopefully see a bunch of normal people eating lunch, who also happen to be wearing guns), but also those who read about it in the paper.

Personally, when I carry, I usually dress respectably and present a nice appearance, just as I would if I was wearing a company uniform or representing any other group

[old mark]

5. I, on the other hand, am a born slob

and I could carry anything and no one would notice the difference.

mark