Pistol-packing preacher protests arrest; DC police confiscate guns

[ezliving]

http://www.johnsoncitypress.com/images/Photos/Articles/large/WilliamandCarolynDuncan_preacherarrested.jpg
Carolyn and William Duncan in front of Caldwell Springs Baptist Church.
(John Thompson / Johnson City Press)

Pistol-packing preacher protests arrest; DC police confiscate guns

http://www.johnsoncitypress.com/News/article.php?ID=80252

[Brychan]

Many may disagree with me, but the Padre broke no law. All the state and DC's gun laws are not valid. Every American citizen is protected under the Constitution, it does not matter what state you live in or where you travel in the US. "Shall Not Infringed" applies to all Americans everywhere, all the laws to the contrary are a perversion. Are not the rest of the Bill of Rights applicatable anywhere in the US, why should the 2nd be any different other than politians deciding to ignore their oath to defend and uphold and instead twist and bend it to their own purpose.

I truly hope this story gets spread far and wide.

[hvymax]

While I agree completely with Brychan as a concealed carry permit holder Rev Duncan is responsible for knowing where and when his permit is valid and under what conditions. Even in states where his permit is recognised there may be differences that he would need to be aware of. I must say it would stink getting arrested on your first trip out of the woods. Of course I would never respond in the affirmative to having a weapon. I have firearms,knives,tools,etc that all have weapon potential but they are not a weapon unless being used as one and then they would'nt need to ask.

[Spot77]

Seems like a very good case to use to continue challenging DC's unconstitutional gun laws.:innocent0

And pretty good timing too.

[lax]

Seems like a very good case to use to continue challenging DC's unconstitutional gun laws.:innocent0

And pretty good timing too.

QFT

[Patrick]

Many may disagree with me, but the Padre broke no law. All the state and DC's gun laws are not valid. Every American citizen is protected under the Constitution, it does not matter what state you live in or where you travel in the US. "Shall Not Infringed" applies to all Americans everywhere, all the laws to the contrary are a perversion. Are not the rest of the Bill of Rights applicatable anywhere in the US, why should the 2nd be any different other than politians deciding to ignore their oath to defend and uphold and instead twist and bend it to their own purpose.

I truly hope this story gets spread far and wide.

:thumbsup:

Would make a decent court case, but only to challenge the validity of the law. I think more likely it'll make a good case study in why that reciprocity bill will go before Congress again and be passed next year. Question is whether Obama will veto it. I don't know. He's steered clear of direct anti-gun issues so far. And he will need all the votes he can get in Congress after this fall.

[BlueHeeler]

In general I am a big proponent requiring the individual to know the law and abide by it even outside of their state.

HOWEVER DC enforces their laws in a counter intuitive way. Had that guy been DC resident thug and gang affiliated he would have been free on probation before the officer could do the paperwork. Not a joke, it takes less than an hour for a thug to get picked up on a weapons violation and be released.

The democratville that DC is has found it is more effective to punish people with legal intent than people with criminal action. Reason being when you start locking up everybody’s brother for caring an illegal weapon and committing crimes the family stops voting for you.

Marion Barry as case one. So he earned some crack convictions, everyone knows a close family member with a couple crack conviction, right? Bitch set them up. That should be excused because the accused are related and good people.:rolleyes:

It is easier to make new laws that punish law abiding people than punish people with criminal intent.

[Darth Fabulous]

As a DC resident, I'm officially requesting a refund of all of my city taxes. There are real f-ing criminals out there. Lots of them. Is this seriously the best use of police resources? This is why DC will never become a state. Our entire city government is a collection of morons.

[teratos]

“The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The Constitution of the United States is the supreme law of the land, and any statue, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:

The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.

An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.”

"Since an unconstitutional law is void, the general principals follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it..

A void act cannot be legally consistent with a valid one.

An unconstitutional law cannot operate to supersede any existing valid law.

Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.

No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” Sixteenth American Jurisprudence, Second Edition, Section 177. (late 2nd Ed. Section 256).

Now the law has to be found unconstitutional....

[ezliving]

Seems like a very good case to use to continue challenging DC's unconstitutional gun laws.:innocent0

And pretty good timing too.

Looks like DC may agree. Are they tired of getting their butt kicked?

After a weekend in jail, Duncan took comfort when a public defender assured him his case would be dropped. He was shocked when he approached the judge and heard the authoritative voice of Gardiner tell the judge he would represent him.

Duncan was quickly released on his own recognizance. He was allowed to return home and the case was dismissed three weeks later.

His problems are not yet over. Duncan wants the case expunged from his record and his guns returned. Gardiner is working on that.

[WeaponsCollector]

"A security guard at the parking garage entrance asked if Duncan had any weapons. Duncan said he carried two Smith and Wesson pistols under his seat."

There's the problem.
The 5th amendment is our friend.
Whenever an officer or security guard asks me if I have a weapon(of course I do), my answer will always be NO!
To me this is common sense.
They can't search my car without a warrant or my permission and they certainly won't get that.

[SirMrManGuy]

"A security guard at the parking garage entrance asked if Duncan had any weapons. Duncan said he carried two Smith and Wesson pistols under his seat."

There's the problem.
The 5th amendment is our friend.
Whenever an officer or security guard asks me if I have a weapon(of course I do), my answer will always be NO!
To me this is common sense.
They can't search my car without a warrant or my permission and they certainly won't get that.
You can answer "no comment" to an officer not "no" under the 5th, you cannot use the 5th in defense of a lie. A security guard who is not employed by the government may be a different story.

[cb51]

Many may disagree with me, but the Padre broke no law. All the state and DC's gun laws are not valid. Every American citizen is protected under the Constitution, it does not matter what state you live in or where you travel in the US. "Shall Not Infringed" applies to all Americans everywhere, all the laws to the contrary are a perversion. Are not the rest of the Bill of Rights applicatable anywhere in the US, why should the 2nd be any different other than politians deciding to ignore their oath to defend and uphold and instead twist and bend it to their own purpose.

I truly hope this story gets spread far and wide.


In a perfect world, where all is as we wish it to be, this is true. But it's a fact of life that we have to deal with what is, rather than what we wnat it to be.

I feel sorry for the pastor, and I feel even more sorry for the pastors family. But he's either an idiot, or a unbelievable loon to think he could do what he did. Unless you've been living under a rock or in a cave, you know better than to come to D.C. with a gun, let alone two guns. D.C., New York, Chicago, Los Angeles, Boston, and quite a few other cities are hostile ground for firearms. Get over it, and deal with it.

I have a hunch that the good pastor is one of those Mayberry small town big shots that think because people hold him in high esteem in his little neck of the woods, he could get away with it. Well, he got a wake up call. What he really needs is to be strongly head slapped and asked "what the h--l was he thinking?"

Until the war for our 2d amendment rights is totally won, you have to grow up and deal with local laws, unless you have the money and time to make yourself a test case for the supreme court.

I'm sorry, I think the pastor needs some reality shake up.

[cobracutter]

Did nothing wrong.

RIGHT TO KEEP AND BEAR ARMS....... its pretty clear.

[Wiley-X]

His son-in-law who is a Federal Agent and was on scene didn't say, "Hey, I got this covered. The guns are in my custody"?

[Dogabutila]

You can answer "no comment" to an officer not "no" under the 5th, you cannot use the 5th in defense of a lie. A security guard who is not employed by the government may be a different story.

The police are legally allowed to lie to you to gain consent for a search. I don't see why it would be illegal to lie to the cop to avoid a search then. Fair is fair.

[Wiley-X]

The police are legally allowed to lie to you to gain consent for a search. I don't see why it would be illegal to lie to the cop to avoid a search then. Fair is fair.

One would think but the police are special. As Worf would say, "They have no honor."

[Darth Fabulous]

Here's a question: is it better for DC, and for 2A in general, if Congress is changes DCs laws, or if the courts do? I worry about the courts, they're unpredictable, and some on this forum have said that Heller II has not put the greatest legal case. Do you think Congress will actually act?

[EL1227]

Did nothing wrong.

RIGHT TO KEEP AND BEAR ARMS....... its pretty clear.

Agreed ... and you can by how fast DC is back peddling that they know that they screwed up.