Page 2 of 2

Re: Arrested and Prosecuted for Accidental Exposure of Lawfu

Posted: Sat Jun 09, 2012 9:58 am
by WildBill
I found this on another forum. It was posted yesterday:
The jury found that Norman did in fact openly carry in violation of the law. Then the jury undertook the extraordinary act of directly addressing Mr. Norman and the court. The foreperson made a statement in open court that went something to the effect that the law itself is without merit. I'll have the audio some time next week. Too bad they didn't know about jury nullification...

But it's not over yet! The Judge will be hearing arguments on the defense's motions to dismiss on July 31st.

Re: Arrested and Prosecuted for Accidental Exposure of Lawfu

Posted: Sat Jun 09, 2012 10:53 am
by sjfcontrol
WildBill wrote:I found this on another forum. It was posted yesterday:
The jury found that Norman did in fact openly carry in violation of the law. Then the jury undertook the extraordinary act of directly addressing Mr. Norman and the court. The foreperson made a statement in open court that went something to the effect that the law itself is without merit. I'll have the audio some time next week. Too bad they didn't know about jury nullification...

But it's not over yet! The Judge will be hearing arguments on the defense's motions to dismiss on July 31st.

I don't think that makes any sense at all. If the jury found he was guilty, there would be no reason to move for dismissal, as the trial would be over. Sounds like nonsense to me.

Re: Arrested and Prosecuted for Accidental Exposure of Lawfu

Posted: Sat Jun 09, 2012 10:58 am
by WildBill
sjfcontrol wrote:
WildBill wrote:I found this on another forum. It was posted yesterday:
The jury found that Norman did in fact openly carry in violation of the law. Then the jury undertook the extraordinary act of directly addressing Mr. Norman and the court. The foreperson made a statement in open court that went something to the effect that the law itself is without merit. I'll have the audio some time next week. Too bad they didn't know about jury nullification...

But it's not over yet! The Judge will be hearing arguments on the defense's motions to dismiss on July 31st.

I don't think that makes any sense at all. If the jury found he was guilty, there would be no reason to move for dismissal, as the trial would be over. Sounds like nonsense to me.
One of the posts on this thread said that the procedures for Florida County Courts were not normal.

Re: Arrested and Prosecuted for Accidental Exposure of Lawfu

Posted: Sat Jun 09, 2012 12:03 pm
by Maxwell
Accidents happen but concealed means concealed. I agree that it looks like he was obviously not dressed to conceal his holster and therefore open carrying. Now before anyone repeats that an empty holster is not illegal ask yourself if you risk the harrasement of pushing that line knowing that to almost anyone out there holster=gun.

Re: Arrested and Prosecuted for Accidental Exposure of Lawfu

Posted: Sat Jun 09, 2012 12:12 pm
by Keith B
WildBill wrote:One of the posts on this thread said that the procedures for Florida County Courts was not normal.
There, fixed it for ya. :mrgreen:

Re: Arrested and Prosecuted for Accidental Exposure of Lawfu

Posted: Sat Jun 09, 2012 12:47 pm
by WildBill
WildBill wrote:
sjfcontrol wrote:
WildBill wrote:I found this on another forum. It was posted yesterday:
The jury found that Norman did in fact openly carry in violation of the law. Then the jury undertook the extraordinary act of directly addressing Mr. Norman and the court. The foreperson made a statement in open court that went something to the effect that the law itself is without merit. I'll have the audio some time next week. Too bad they didn't know about jury nullification...

But it's not over yet! The Judge will be hearing arguments on the defense's motions to dismiss on July 31st.

I don't think that makes any sense at all. If the jury found he was guilty, there would be no reason to move for dismissal, as the trial would be over. Sounds like nonsense to me.
One of the posts on this thread said that the procedures for Florida County Courts were not normal.
It is rare, but a judge can overturn a jury's guilty verdict.

Re: Arrested and Prosecuted for Accidental Exposure of Lawfu

Posted: Sat Jun 09, 2012 12:53 pm
by WildBill
Maxwell wrote:Accidents happen but concealed means concealed. I agree that it looks like he was obviously not dressed to conceal his holster and therefore open carrying. Now before anyone repeats that an empty holster is not illegal ask yourself if you risk the harrasement of pushing that line knowing that to almost anyone out there holster=gun.
From the video, it is very difficult to see what a witness or LEO could actually see. Personally, I can't tell whether or not the gun was visible. Viewing only the evidence of the video I can't determine whether or not it was accidental, careless or intended.

I would like to point out that if a person is wearing an exposed holster and the "shape" of a gun handle is discernable through a tight or thin shirt, a reasonable person could assume that they were carrying a gun. In a court room it could go either way. That is why, IMO, dressing on the side of caution is the best course of action.

It will be interesting to see the outcome of this case. Almost certainly, there will be an appeal if the conviction stands.

Re: Arrested and Prosecuted for Accidental Exposure of Lawfu

Posted: Sat Jun 09, 2012 1:39 pm
by Jumping Frog
WildBill wrote:I found this on another forum. It was posted yesterday:
The jury found that Norman did in fact openly carry in violation of the law. Then the jury undertook the extraordinary act of directly addressing Mr. Norman and the court. The foreperson made a statement in open court that went something to the effect that the law itself is without merit.
Given the fact that only five states prohibit open carry, yes, I'd have to agree the law is without merit.

Re: Arrested and Prosecuted for Accidental Exposure of Lawfu

Posted: Mon Jun 18, 2012 9:01 am
by JKTex
Keep in mind, that "article" is just some guys blog. He makes it look good, but that's all it is. Not even the worst of media writers would have written that "story" like he did. I don't even think he looked at the video before writing his blog. That shirt wasn't hung up on anything but his shoulders. :)

On the upside, for him anyway, the guy is getting massive attention for his blog....

Re: Arrested and Prosecuted for Accidental Exposure of Lawfu

Posted: Mon Jun 18, 2012 3:30 pm
by R3dbull
Why does tx not allow open carry? You would think being one of the more conservative states it would be lawful.

Re: Arrested and Prosecuted for Accidental Exposure of Lawfu

Posted: Mon Jun 18, 2012 3:34 pm
by RHenriksen
R3dbull wrote:Why does tx not allow open carry? You would think being one of the more conservative states it would be lawful.
I know, it's understandably surprising. Lots of discussion & history on this topic around here (and elsewhere online). AFAIK, it dates back to Reconstruction after the civil war.

Re: Arrested and Prosecuted for Accidental Exposure of Lawfu

Posted: Mon Jun 18, 2012 6:17 pm
by WildBill
JKTex wrote:Keep in mind, that "article" is just some guys blog. He makes it look good, but that's all it is. Not even the worst of media writers would have written that "story" like he did. I don't even think he looked at the video before writing his blog. That shirt wasn't hung up on anything but his shoulders. :)

On the upside, for him anyway, the guy is getting massive attention for his blog....
I would like to [hear more of] what actually happened during the trial, but this is the only source I have found.