What do you do when someone false states you brandish a weapon

[taxman]

This. You want the video of what happened? Bring your own camera.

Now something in existence could be subpoenaed, I assume, and if it was previously destroyed, I can see that being argued in a civil courtroom to sway a jury's opinion, but that's different.

I'm not too worried about previously destroyed. If it's out of its retention cycle, it's just gone. But in the OP, there's a cop you could summon to testify as to the contents of the now missing video so all is not lost anyway.

It's when they destroy something that's already been subpoenaed as evidence that the judge decides to kick the crap out of them. And the reason why if I wanted to make a legal issue out of something like this thread, the possessor of the evidence would get the subpoena before the defendant received notice they were being sued.

 

[since9]

There is also no "civil rights violation" - gun owners or those carrying are not a protected class.
http://www.attorneys.com/discrimination/what-are-protected-classes/

With all due respect, we are indeed a protected class, as the right to keep and bear arms is indeed a civil right:

Legal Definition of civil right: civil liberty; especially : any of the civil liberties guaranteed by the 13th, 14th, and 15th Amendments to the Constitution and by the Civil Rights Acts —usually used in plural — see also Civil Rights Act of 1964​

The definition includes the word "especially," thereby clearly indicating this is only a leading definition, not the only one. The definition begins with "civil liberty," defined as:

Legal Definition of civil liberty: freedom from arbitrary interference in one's pursuits (as in expressing thoughts, practicing a religion, or pursuing a living) by individuals or especially by the government and especially as constitutionally guaranteed —usually used in plural — see also civil right​

By it's very wording, our Second Amendment clearly establishes the ownership, possession, and carrying of arms as an individual right of the people, while simultaneously establishing an absolute moratorium (according to period writings) against infringement by the government at all levels.

Finally, the term "protected class" is not limited to the seven examples listed on Attorneys.com. While usage with respect to discrimination is by far the most commonly referenced usage of the term, I know of at least twelve "protected classes" under federal law.

More importantly, one must understand why the need for various protected classes arise in the first place: It's because some knucklehead in power, usually an employer, law enforcement officer, or politician, decides that a certain right applies to society as a whole, except this or that class. In other words, they use various distinguishing characteristics like race, color, religion, national origin, age, sex/gender, pregnancy, citizenship, familial status, disability status, veteran status, and genetic information to tilt the tables to their advantage at the expense of one or more classes.

One might argue that protected classes are recognized under one or more federal laws, whereas the right to keep and bear arms is not, one only need to redirect attention to the Second Amendment to "the supreme Law of the Land," wherein it states "the right of the people to keep and bear arms shall not be infringed," thereby creating one of the original protected classes in our nation, similar to the rights of the people and the press to voice their opinions, along with the religious to freely practice their religion.

Again, while the term "protected class" is most commonly used in reference to various civil rights acts and similar legislation, that is by no means the limit of it's meaning, and we must always remember that our Constitution is itself a body of law, an overarching one at that, which created its own set of protected classes long before the various civil rights movements hit the streets.

 

[davidmcbeth]

Old thread .... almost 2yrs ....

 

[Maverick9]

Learning opportunity. ALWAYS carry a recorder when OC-ing and turn it on when you leave the house.

If someone says something just point to your recorder and keep walking. THey won't make up a story.

Also, good idea to OC with a partner - that's a witness. (not a family member).

The most you'll get from mcd's is a free meal of junk food

Glad nothing came of it. You should fuss at your hubby for OC without having a recorder on. He got you upset because he's inept AND he stupidly threatened someone (the person who was manning the checks).

OC is an OPPORTUNITY, NOT just to defend yourself but to learn to control your anger and emotions. Your hubby failed at that part. FWIW

 

[solus]

With all due respect, we are indeed a protected class, as the right to keep and bear arms is indeed a civil right:

Legal Definition of civil right: snipp...​

Legal Definition of civil liberty: snip​

snipp

Finally, the term "protected class" is not limited to the seven examples listed on Attorneys.com. While usage with respect to discrimination is by far the most commonly referenced usage of the term, I know of at least twelve "protected classes" under federal law.

More importantly, one must understand why the need for various protected classes arise in the first place: It's because some knucklehead in power, usually an employer, law enforcement officer, or politician, decides that a certain right applies to society as a whole, except this or that class. In other words, they use various distinguishing characteristics like race, color, religion, national origin, age, sex/gender, pregnancy, citizenship, familial status, disability status, veteran status, and genetic information to tilt the tables to their advantage at the expense of one or more classes.

One might argue that protected classes are recognized under one or more federal laws, whereas the right to keep and bear arms is not, one only need to redirect attention to the Second Amendment to "the supreme Law of the Land," wherein it states "the right of the people to keep and bear arms shall not be infringed," thereby creating one of the original protected classes in our nation, similar to the rights of the people and the press to voice their opinions, along with the religious to freely practice their religion.

Again, while the term "protected class" is most commonly used in reference to various civil rights acts and similar legislation, that is by no means the limit of it's meaning, and we must always remember that our Constitution is itself a body of law, an overarching one at that, which created its own set of protected classes long before the various civil rights movements hit the streets.

with utmost respect since9...if you must put information out here, at least try to find reliable sources w/cites. e.g., black's law dictionary is an viable resource for legal definitions, darn man, even wiki is viable starting point. point being your 'legal definitions' do not even come close to common legal definitions.

why on earth you would go to 'legal-dictionary' for definitions of those words or 'attorneys.com' to get information on their seven identified protected class, then immediately jump over and pontificate 'I know of at least twelve "protected classes" under federal law." without so much as a cite. https://en.wikipedia.org/wiki/Protected_class

so you listed the known 12 PClass items, but your use of the term 'at least' means you know other PClass items? they are?

finally, the 12 PClass items (race, color, religion, national origin, age, sex/gender, pregnancy, citizenship, familial status, disability status, veteran status, and genetic information) are federal anti-discrimination acts...how on earth can you equate those items to an individual being federally discriminated against by carrying a firearm in small town (pick a state) by the highest elected official in the county?

some say NC's use of PPP is a jim crow hold over...if so, wonder where those black OC'ers got their pistols i recently saw in Smithfield's outdoor mall? 14-402 is on the books, but i have not seen nor heard the statutes in my area is misused, e.g., Sheriff arbitrarily saying no PPP/CHP based on anybody's ethnicity. (to cut it off random stone throwing, no i do not keep track but in mine and in a couple neighbouring counties. Yes there may be some, out of 100 sheriffs in the state that do...but i believe the uproar of discrimination would be horrible)

so, since9 how can your equate the 2nd constitutional amendment to congressional passed legislation, discrimination ACTs, and come away saying firearms owners are PClass citizens who is discriminated against whenever...(you pick a scenario)??

ipse