|| UARF provided key evidence that allowed Moore to Walk Free & Exercise 2nd Amd. R|
The Unalienable Rights Foundation provides key evidence that allows Dan
Moore to Walk Free and Continue to Exercise his Second Amendment Rights
legal to wear a gun on your hip in Waterside, a judge decided Tuesday.
hearing more than two hours of testimony, a General District Court judge
dismissed a trespassing charge against Dan Moore, a Hampton resident who police
said was ordered to leave Waterside for carrying a weapon, and refused to leave.
laws permit openly carrying firearms in public places. City officials contended
that Waterside, though built in part with public funds, is owned by a private
entity and thus is a private facility not subject to state laws.
James S. Mathews did not agree. After hearing from six witnesses called by the
city attorney's office, he dismissed the charges, ruling that Waterside is a
public facility, said the Unalienable Rights Foundation [UARF] General Counsel
Stephen Merrill, a Norfolk attorney who represented Moore.
introduced forensic accounting evidence obtained by UARF's Associate General Counsel,
David Lindsey, a Forensic Accountqant, through the Freedom of Information Act from the Norfolk
Redevelopment and Housing Authority and the City of Norfolk that from the time Waterside opened,
"not one dollar in private money has been lost in managing the
facility," Merrill said. "Clearly, it's a public facility."
his direct examination testimony by Merrill and cross examination testimony by
Norfolk Deputy City Attorney Andrew Fox, Lindsey introduced evidence
from the witness chair to the Court that showed that individuals in
Norfolk's  City Attorney's office,  Redevelopment and Housing
Authority, and  Police Department appeared to have uttered false
documents , either a class 6, 5, or 4 felony under Virginia law.
had a hard time sleeping last night," he said. "This has been a very
stressful thing. It was a great relief to hear the judge dismiss the
had several previous run-ins with the Norfolk police while carrying a gun in a
holster. After he was detained downtown in 2007 for standing outside the Bank of
America building with a gun, the city paid him $10,000 to avoid a lawsuit.
September, he was detained while trying to ride a Hampton Roads Transit bus.
month later, after he and other gun -rights activists spoke to the City Council,
he was arrested at Waterside. Moore said he will sue for the bus and Waterside
police think they can do this to me, but they can't," he said.
"Someone has to answer for this."
Fox, who prosecuted the case for the city attorney's office, said the city
disagrees with Mathews' decision, calling it "an erroneous application of
said the city can't appeal the decision, but added the city will continue to aid
private businesses "in enforcing policies they determine to be necessary
and appropriate to the safe and efficient operation of their premises."
-rights activists celebrated the decision.
is another lesson to Norfolk that they need to worry about criminals and stop
picking on law-abiding citizens just exercising their constitutional
right," said Philip Van Cleave, who heads the Virginia Citizens Defense
League, a gun-rights group. "The city is acting like a bully."
Merrill, who is based in Ghent, was more understanding. "It's shocking for
people in a city like Norfolk to see people open-carry," he said.
"Even though it's been the law for a long time, it hasn't been practiced
here until recently.
it's surprising that the city has been so slow coming around on this."
For full unedited article
To Send Us A Comment
We try to keep price lists up to date. Price list of our pharmacies are updated daily - go to pharmacy online : Announcements of new drugs. Shares. Best price.
| Related Links|
| Article Rating|
Average Score: 5|