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General Categories => Newsworthy => Topic started by: jimburnetto on August 07, 2009, 02:12:00 PM

Title: arrested for omaha open carry
Post by: jimburnetto on August 07, 2009, 02:12:00 PM

http://www.wowt.com/news/headlines/52583382.html


A | A | A Omaha Police rush to the Gifford Park Neighborhood after a caller reported a man, walking his dog, and carrying a big gun. The call was made on Monday, August 3rd shortly after 5PM.

It did not take officers long to track down a suspect. When they approached the 51-year old man he had his dog on a leash, and had a silver handgun in a leather holster around his waist.

When officers approached the man he allegedly told them he carries the gun around town on a regular basis, and it was his way of making a political statement.

He then asked to speak to the officers' supervisor.

After speaking with an Omaha Police Sergeant, James Medlock, 51 was cited and released. His handgun was confiscated.

 
Title: Re: arrested for omaha open carry
Post by: FarmerRick on August 07, 2009, 04:57:08 PM
This should be an interesting one to follow.




On a related note, I wonder what ever happened to the guy that got arrested for having a shotgun in his truck near some school a few months ago?

Title: Re: arrested for omaha open carry
Post by: Jay on August 08, 2009, 08:25:55 AM
What was he cited for, and why was the gun confiscated?

 >:(

Omaha is such a hell hole. Gang bangers shoot each other every night, purse snatchers prey on women, convenience stores get robbed every night, and bank hold ups are old news, but we're going to cite a guy walking his dog for peacefully excersizing his Constitutional rights?

Police Sergent Medlock will be getting a phone call from me on Monday.

SHALL NOT BE INFRINGED
Title: Re: arrested for omaha open carry
Post by: armed and humorous on August 08, 2009, 09:07:46 AM
While the article didn't say, I suspect that he either didn't have his gun registered in Omaha, or that he did not have a CHP, or both.  I'm not from Omaha, but I thought I read on this formum somewhere that even to carry openly in Omaha, one had to have a CHP.  Regardless, this is a travesty of justice, anyway you look at it (assuming he was not doing something else illegal at the time, such as brandishing his gun and threatening people or something).
Title: Re: arrested for omaha open carry
Post by: DanClrk51 on August 08, 2009, 09:15:09 AM
Guys talking on the CCW Nebraska website were saying he was a former mayoral candidate and has been seen open carrying for quite some time. Yes Omaha requires people to get a permit from the Safety Council if they want to open carry. I have also heard you can carry openly with the CHP. However...this is what I posted over at http://ccwnebraska.yuku.com/topic/2845/master/1/?page=1

Well Omaha has banned firearms from city parks. The signs even say lawfully concealed weapons are not allowed either and only Law Enforcement is allowed to carry there. Was this a park? Or was it just a neighborhood? I wonder if in September when the new CHP law takes effect, people with CHP's can carry in the parks since the new law says that cities cannot regulate concealed carry if the person has a permit?

Hopefully our man James Medlock here has a ton of cash or the NRA to back him and we have a grand lawsuit against Omaha and its unconstitutional city ordinances regarding open carry (requirement to have an open carry permit), and their stupid no guns in parks rule. I would also like to see registration get tossed but that is probably just a dream of mine.
Title: Re: arrested for omaha open carry
Post by: RLMoeller on August 08, 2009, 09:15:39 AM
The problem with the article is the lack of facts about why he was ticketed.  The average citizen reading this article is going to assume that openly carrying is illegal.  It's stupid little details like this that shows how the media works against us.  I'm willing to accept that sometimes that is unintentional on the part of the writer.  That does not make it acceptable to me.  Journalism doesn't exist any longer in the form it used to.  It's more about making a catchy headline than substance in the report.

-Rod
Title: Re: arrested for omaha open carry
Post by: armed and humorous on August 08, 2009, 10:26:27 AM
Rod:

Very good point.  The liberally biased news media, which seems to be most of it, does not serve the public well.  Whether intentional or not, leaving out key facts is poor journalism at best, and propaganda at worst.

DanClrk51:

It would appear from the reading of the CHP Act and 430, that Omaha, or any other entity, could still ban concealed carry in the parks if they are posted such as private property can be posted.  I'm amazed that the city of Omaha was able to pass any kind of ordinance on open carry in public.  On city property, such as a park, I can see where they could get away with it.  Those Omaha folks really need to get on the ball and get rid of the council members and mayor who promulgated such unconstitutional ordinances.  Without knowing more about this particular case, it's hard to say.  I would, however, love to see it go to court and the Omaha ordinances be declared invalid such as in the DC vs Heller case.
Title: Re: arrested for omaha open carry
Post by: SBarry on August 08, 2009, 10:28:06 AM
Is it possible to get a copy of the police report in few days? If we had all the facts, and he was only breaking an unconstitutional law, and all of us contacted the NRA, maybe we could help this guy out with a major lawsuit against Omaha and have their ordinances declared unconstitutional.   

Omaha, the place where you need a gun the most, and the hardest place to legally carry.
Title: Re: arrested for omaha open carry
Post by: SBarry on August 08, 2009, 10:31:38 AM
A&H, these last posts were scary similar, I am a slow typer.
Title: Re: arrested for omaha open carry
Post by: armed and humorous on August 08, 2009, 10:37:02 AM
A&H, these last posts were scary similar, I am a slow typer.

LitlRat:

You lost me on that one?
Title: Re: arrested for omaha open carry
Post by: SBarry on August 08, 2009, 10:43:08 AM
I took a few minutes to type that out, didn't see your post, but we hit on the same points.
 
Title: Re: arrested for omaha open carry
Post by: armed and humorous on August 08, 2009, 11:09:49 AM
Oh, okay LitlRat.  We may have been posting at the same time.  Indeed, it would be quite interesting if we could get a court battle going over Omaha and it's gun-phobia-inspired laws.  :)
Title: Re: arrested for omaha open carry
Post by: bkoenig on August 08, 2009, 08:40:06 PM
I'd like to see the NRA get involved, but it seems like they're not too interested in rocking the boat anymore.  They wanted nothing to do with Heller until it looked like the case was winnable.  I think it's up to grass roots organizations like NFOA to lead the charge, but unfortunately lawyers are not cheap.
Title: Re: arrested for omaha open carry
Post by: armed and humorous on August 08, 2009, 10:59:37 PM
The NRA belongs to its members every bit as much as NFOA does.  If you are a member, don't be afraid to contact them and tell them what you think they should be doing.
Title: Re: arrested for omaha open carry
Post by: huskergun on August 09, 2009, 10:33:57 AM
I met this guy at the tea party in downtown Omaha. I gave him one of our flyers and got into a little conversation with him. He's a little odd but seemed like a good guy. Hope he get's out of this mess. Omaha is a real pain in the ass.

http://www.youtube.com/watch?v=k5r-Tvr8hrg
Title: Re: arrested for omaha open carry
Post by: FarmerRick on August 09, 2009, 10:39:28 AM
James Medlock signed up on this forum, but has never posted.  Not sure if he is a NFOA member or not.

Title: Re: arrested for omaha open carry
Post by: armed and humorous on August 09, 2009, 12:26:56 PM
You've got to wonder if the news team showed the holster and pistol at Medlock's request, or because they wanted to show Omahans what a "scary sumbich" he was.  ;D
Title: Re: arrested for omaha open carry
Post by: SBarry on August 09, 2009, 01:38:46 PM
I met this guy at the tea party in downtown Omaha. I gave him one of our flyers and got into a little conversation with him. He's a little odd but seemed like a good guy. Hope he get's out of this mess. Omaha is a real pain in the ass.

http://www.youtube.com/watch?v=k5r-Tvr8hrg

I've got news for you Huskergun, we're all a little odd. Some are just a little odder than others. He may have gone further without the revolver, as he seems to fit in with the liberal look in Omaha.
Title: Re: arrested for omaha open carry
Post by: bkoenig on August 09, 2009, 03:22:27 PM
The NRA belongs to its members every bit as much as NFOA does.  If you are a member, don't be afraid to contact them and tell them what you think they should be doing.

I agree with you there, I just don't think they're very responsive to their members (and I am one).  I get the impression they're scared to rock the boat.  I'm definitely hoping they'll get involved, I'm just not holding my breath.
Title: Re: arrested for omaha open carry
Post by: armed and humorous on August 09, 2009, 04:13:49 PM
bkoenig:

FYI.  I wrote to the NRA through their web site regarding their stance on using the Sotomayor confirmation votes as part of their political candidate ratings.  The news I had read indicated they were not sure if they would let confirmation votes affect their ratings or not, and I wanted them to in order to help oust those like Nelson who voted to affirm.  I was surprised to receive a response the very next day.  They assured me they had already made the decision to include confirmation stance as part of the ratings.  I'm sure they had already made that decision prior to receiving my suggestion, but I was pleasantly surprised to get such a quick response.  I don't know if the entire message was personally written to me, or if it was a boilerplate letter they sent to anyone with a similar inquiry.  Either way, they cared enough to respond in a timely fashion.
Title: Re: arrested for omaha open carry
Post by: Hardwood83 on August 11, 2009, 11:24:16 PM
Not to hi-jack the thread, but I would like to respond to the 'NRA doesn't want to rock the boat'. I would reply the NRA spent $40 million to defeat Obama, the GOA (for example) spent their time & effort saying 'McCain is a gun grabber'. What was more helpful? The NRA is certainly not perfect or infallible but are very effective by the enemies own admission. Do they have to pick their battles? To a degree, but that is not the same as compromise. I am an NRA Life/Endowment member so don't claim to be objective, but wouldn't hesitate to call them out if they veered off course.
Title: Re: arrested for omaha open carry
Post by: Rich B on August 13, 2009, 08:31:55 AM
Not to hi-jack the thread, but I would like to respond to the 'NRA doesn't want to rock the boat'. I would reply the NRA spent $40 million to defeat Obama, the GOA (for example) spent their time & effort saying 'McCain is a gun grabber'. What was more helpful? The NRA is certainly not perfect or infallible but are very effective by the enemies own admission. Do they have to pick their battles? To a degree, but that is not the same as compromise. I am an NRA Life/Endowment member so don't claim to be objective, but wouldn't hesitate to call them out if they veered off course.

I'm in total agreement.
Title: Re: arrested for omaha open carry
Post by: bkoenig on August 15, 2009, 08:08:33 AM
Sorry, guys, I really don't mean to bag on the NRA.  I really do think they're a great organization and I appreciate what they do for us, even if I don't always agree with the battles they do choose.
Title: Re: arrested for omaha open carry
Post by: armed and humorous on August 15, 2009, 10:32:28 AM
bkoenig:

Not a problem.  "Bag" on anything you want, it's your opinion, right?  The NRA isn't everything I'd like it to be either, but without it, we'd probably be lucky if we could carry a straw and a pocket full of peas around town. :)
Title: Re: arrested for omaha open carry
Post by: semtex on August 15, 2009, 06:17:15 PM
I seriously hope this Medlock individual was prepared for this encounter. That is, he is well versed on the case law and the ordinances set in Omaha.

There are plenty of people who get screwed by stupid laws and legislation, but if Medlock is willing to take it the distance, he could do some serious good for all Nebraska residents and the Second Amendment.
Title: Re: arrested for omaha open carry
Post by: SBarry on August 15, 2009, 06:51:37 PM
We need to stand behind this individual and let the liberals in Omaha know they can't take away second amendment rights just because they are in city limits. Omaha has way too much power in this state and they only make up 1/4 to 1/3 of the population. They need an attitude adjustment and a reality check. 

1000 NFOA members outside the courthouse on his trial day might say something.
Title: Re: arrested for omaha open carry
Post by: RLMoeller on August 15, 2009, 08:08:49 PM
I'm willing to join in.  Let's get something planned.  Do we even know when he would be going to court yet?  I haven't heard anything else on this story.

-Rod
Title: Re: arrested for omaha open carry
Post by: armed and humorous on August 15, 2009, 09:19:03 PM
If he was cited for not having his gun registered or not having a permit to carry openly (or concealed), I would not have a problem with NFOA throwing our support behind him with the goal to repeal the city ordinances requiring registration and permits to carry openly.  However, I still haven't heard for certain what OPD actually cited him for.  Perhaps he was brandishing his weapon, making threats to someone, or otherwise disturbing the peace with his behavior (aside from the simple fact that he was carrying).  If that were the case, then I don't think we should use him as our martyr for this cause.  Does anyone know yet what charges he actually faces?  Anyone know how to find out?
Title: Re: arrested for omaha open carry
Post by: Dtrain323i on August 18, 2009, 08:17:51 AM
If they NRA isn't interested, maybe Alan Gura would be up for it.
Title: Re: arrested for omaha open carry
Post by: rluening on August 25, 2009, 04:43:42 PM
I emailed the reporter that wrote WOWT's "story" on this incident. It has since disappeared from the website.

He responded that Mr Medlock was cited because he had allowed his open carry permit expire, but continued to carry openly in protest of the requirement.

/rl
Title: Re: arrested for omaha open carry
Post by: FarmerRick on August 25, 2009, 06:41:32 PM
I emailed the reporter that wrote WOWT's "story" on this incident. It has since disappeared from the website.

He responded that Mr Medlock was cited because he had allowed his open carry permit expire, but continued to carry openly in protest of the requirement.

/rl

Hmmmm...interesting.
Title: Re: arrested for omaha open carry
Post by: bkoenig on August 25, 2009, 07:14:24 PM
Interesting how they didn't make that part of the story.

Sounds like this one could be a good challenge case.
Title: Re: arrested for omaha open carry
Post by: DanClrk51 on August 26, 2009, 08:22:38 PM
Hmmm..........Hopefully he has a ton of cash and a good lawyer that can convince the judge that Omaha is violating the Nebraska Constitution in regards to requiring open carry permits.
Title: Re: arrested for omaha open carry
Post by: eagle nest on August 27, 2009, 11:29:22 PM
re: arrested in om for weapons carry-
   woner if we could get a few of omaha's finest to join our ranks,  they carry guns!
Title: Re: arrested for omaha open carry
Post by: wwhuskerman on August 28, 2009, 10:49:22 PM
Excuse my ignorance, but what the hell is an "open-carry" permit? My understanding is that as long as your handgun is registered with the Omaha Police Department (which is another story)... Nebraska has NO laws against open carry.

Conceal carry, yes... you need a permit, but I've not heard of an "open carry" permit. Did I miss another one of the Benevolent City of Omaha Leader's un(state)constitutional provisions to protect us from ourselves?
Title: Re: arrested for omaha open carry
Post by: AAllen on August 28, 2009, 11:11:43 PM
Yes, the city of Omaha requires a permit to open carry, you need to take a class from the National Safety Council then they will issue one (not certain of the cost) good for 3 years.  They also accept the Nebraska Concealed Carry permit as a substitute.
Title: Re: arrested for omaha open carry
Post by: SeanN on September 04, 2009, 12:11:16 AM
Excuse my ignorance, but what the hell is an "open-carry" permit? My understanding is that as long as your handgun is registered with the Omaha Police Department (which is another story)... Nebraska has NO laws against open carry.

Conceal carry, yes... you need a permit, but I've not heard of an "open carry" permit. Did I miss another one of the Benevolent City of Omaha Leader's un(state)constitutional provisions to protect us from ourselves?

Omaha likes to be "special" and require all kinds of fun extra stuff of us that the rest of the state doesn't.
Title: Re: arrested for omaha open carry
Post by: wwhuskerman on September 04, 2009, 06:31:25 PM
[Omaha likes to be "special" and require all kinds of fun extra stuff of us that the rest of the state doesn't.
[/quote]

And it all works sooooo well... just ask the law-abiding residents of North O (yes, there are a lot of them) how all the "fun extra stuff" is keeping them safe at night. ::)
Title: Re: arrested for omaha open carry
Post by: jimburnetto on October 15, 2009, 06:07:52 PM
Anyone hear any follow up on this guy & how his case went (or is going)?