Friday, September 5, 2008

Louisiana town settles lawsuit for open carry arrest

From the land of the Bayou:
Mark Marchiafava says he’s earned the right to wear his .357-caliber Magnum pistol in a hip holster in Gonzales.

And, he says at a local mall, city residents paid him to demonstrate that right.

“I wish the taxpayers of Gonzales knew just how much money it is,” the 55-year-old Marchiafava adds.

In January 2006, the longtime Baton Rouge resident was at the same mall, wearing the same pistol, when a Gonzales police officer asked him why he was carrying a gun.

Marchiafava says he told the officer that non-felons can legally carry firearms that are not concealed.

That exchange led to Marchiafava’s arrest on a count of illegal carrying of a weapon. The arrest led to an hours-long stay at the Ascension Parish Prison.

But the case later was dismissed, and Marchiafava’s bond and weapon were returned to him.

Marchiafava didn’t let the dispute fade away. He sued for violation of his constitutional right to bear arms. The city recently settled the case by paying Marchiafava an undisclosed amount of money.

Article here. Good for Mr. Marchiafava. The law was clearly on his side, and the city realized that. Hopefully, the police chief will properly instruct his officers on state law, which permits open carry, to avoid further monetary unpleasantness.

1 comment:

reetajenet said...

This has to be one of the more intriguing newspaper headlines I have ever read. Makes you wonder, doesn't it. The article concerned may be found here. It refers to a Japanese fishmonger who sold a poisonous puffer fish to a foreign woman who didn't know how to cook it safely. As a result, she died.
-------------
Reeta

louisiana drug rehab