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Author Topic: Man gets escorted off of NF trail for open carrying rifle and pistol. UPDATE!!  (Read 45145 times)

Offline ghosthunter

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The mere fact that he has one or many legally carried firearms does not proved probable case of any crime in its self.

The Third Circuit found that an individual’s lawful possession of a firearm in a crowded place did not justify a search or seizure.
United States v. Ubiles (3rd Cir. 2000)

The Tenth Circuit found that an investigatory detention initiated by an officer after he discovered that the defendant lawfully possessed a loaded firearm lacked sufficient basis because the firearm alone did not create a reasonable suspicion of criminal activity.
United States v. King (10th Cir. 1993)


"The Claim and exercise of a Constitutional Right cannot be converted into a crime."
Miller v. U.S.


"The mere presence of firearms does not create exigent circumstances."
WI v. Kiekhefer

In a nut shell it has already been ruled in several cases that the carrying of a firearm MAY Cause Alarm, but the Alarm is Not Justified. Given there are no other circumstances or events.

Perfect arguments for "gun free" zones. A whack job carries an AK47 onto a school ground, and police can do nothing because "The Claim and exercise of a Constitutional Right cannot be converted into a crime."

In Washington you cannot take firearms on to school grounds . It would be a violation .

GHOST CAMP "We Came To Hunt"
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We are all traveling from Birth to the Packing House. ( Broken Trail)

“I f he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.” ― Theodore Roosevelt

Don’t Curse the Darkness.

Offline ghosthunter

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Another question in keeping with the OP.

Does the the LE have any obligation or need to respond to a Man with a gun call if all the person is doing is carrying a gun while hiking a trail?

Not a crime in this state and many others. Thus no reason to investigate.
Without other facts that would lead a reasonable person to conclude a crime was committed. :dunno:

We go down a slippery slope when we are willing to allow constitutional infringements on some random persons fear of what might happen.

Something we should all consider. Because at some point we may all be a victim of some persons unfounded personal fears.
GHOST CAMP "We Came To Hunt"
Proud Parent of A United States Marine

We are all traveling from Birth to the Packing House. ( Broken Trail)

“I f he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.” ― Theodore Roosevelt

Don’t Curse the Darkness.

Offline bigtex

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You can't hunt or shoot on land managed by Washington State Parks. Same as National Parks. :dunno:
there are some National Parks that allow hunting.  One in Wyoming allows elk hunting.
The issues of guns on National Park Service lands has changed in the past 4 years or so. Until about 4 years ago guns on NPS lands were a no-go, unless you were legally hunting on NPS lands that are open to hunting (such as Lake Roosevelt).

About 4 years ago Congress changed the law for NPS and US Fish and Wildlife lands to mirror state gun laws. So if a state allows open carry, then you can open carry in the park.

National Parks LE can't do anything as long as you are not violating the state firearm laws. Of course, you still can't bring a firearm into a federal building (such as a visitor center.)

And Jimmy is correct, there are some "National Parks" that have legal wildlife management/control hunts.

Offline KFhunter

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Sounds to me like all went well,  a non-story.

The dude was causing a disturbance of sorts, and asked to leave voluntarily which he did.   I can't find any rights violated.


He could have hung a dozen pink pickles off his jacket causing a disturbance and thus asked to leave "voluntarily",  the guns are irrelevant.  Nothing illegal about a dozen pink pickles..
It was out of place and out of the ordinary = cops called.


Offline ghosthunter

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Sounds to me like all went well,  a non-story.

The dude was causing a disturbance of sorts, and asked to leave voluntarily which he did.   I can't find any rights violated.


He could have hung a dozen pink pickles off his jacket causing a disturbance and thus asked to leave "voluntarily",  the guns are irrelevant.  Nothing illegal about a dozen pink pickles..
It was out of place and out of the ordinary = cops called.

We have not seen any evidence in this thread that he caused a disturbance?
Or any official evidence that he had  more than a couple guns.

I guess my point is, if this even happen. There was no reason to escort him any where.
They saw no threat because he was not arrested, thus leave him alone.
« Last Edit: August 14, 2014, 10:31:32 PM by ghosthunter »
GHOST CAMP "We Came To Hunt"
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We are all traveling from Birth to the Packing House. ( Broken Trail)

“I f he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.” ― Theodore Roosevelt

Don’t Curse the Darkness.

Offline csaaphill

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Sounds to me like all went well,  a non-story.

The dude was causing a disturbance of sorts, and asked to leave voluntarily which he did.   I can't find any rights violated.


He could have hung a dozen pink pickles off his jacket causing a disturbance and thus asked to leave "voluntarily",  the guns are irrelevant.  Nothing illegal about a dozen pink pickles..
It was out of place and out of the ordinary = cops called.
:yeah:
exactly! leave him alone. Looks to me like people are trying change the way people might go and do something force evolution or something not sure but don't wnt to get shot because I don't follow the in crowd.

We have not seen any evidence in this thread that he caused a disturbance?
Or any official evidence that he had  more than a couple guns.

I guess my point is, if this even happen. There was no reason to escort him any where.
They saw no threat because he was not arrested, thus leave him alone.
"When my bow falls, so shall the world. When me heart ceases to pump blood to my body, it will all come crashing down. As a hunter, we are bound by duty, nay, bound by our very soul to this world. When a hunter dies we feel it, we sense it, and the world trembles with sorrow. When I die, so shall the world, from the shock of loosing such a great part of ones soul." Ezekiel, Okeanos Hunter

Offline csaaphill

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Update,

I just got off of the phone with the Verlot Ranger Station/service center. I asked about this issue and the person I talked to said the WTA report was fairly accurate. I asked about what happened and she informed me that there was a man with an assault rifle and several hand guns on the trail. He was not threatening anyone and minding his own business. I asked if he was cited or arrested and she said no. I asked if he was escorted off the trail and asked to leave. She said yes he was asked to voluntarily leave. She then told me that is was legal to carry in NF and such (I think she thought I was an anti-gunner). The lady I talked to was very nice and forthcoming.

I'm all for protecting ones' self, I'm all for guns, I'm all for open carry, concealed carry, hunting, shooting whatever else...but what on God's green earth does a guy need an assault rifle and "several" handguns for on a very popular, well travelled hiking trail?? If I saw that guy on a trail,  I'd be alarmed too. When people are hiking with their children in the middle of the woods and a dude comes walking by you on a trail and he's armed like the zombie apocalypse is about to go down, what do you expect is going to happen?
This is the same stuff that is giving the pro-open carry crowd a bad name, like strapping an AR to your back and going to Starbucks.
That or the guy has a few screws loose.
This guy could have thought  of about 673 other better places to take his guns for a walk.
Just my .02
ya stop trying to limit us all the more and stop trying to throw out your values on people and making points where nonereally eixist nor should it. We all know how you people get this started is to throw outthiskind of crap then beofre you know it's law or some other kind of taboo. then before you know it those that don't care or want to change to your way of thinking we end up in jail or dead!
STOP IT AND STOP IT NOW!!!!!!!!!

You might want to take a step back and reread what I said. Nowhere did I put my values out there. Not sure what kind of crap I'm throwing out there either. The guy is on a wildly popular hiking trail in western Washington carrying a MSR/assault rifle/semi-auto rifle/call it what you want and "several"(according to the lady at Verlot) handguns. It's going to raise red flags. I don't care if the guy was carrying a pre-64 model 70 and 3 Ruger Blackhawks. They're all guns and people who are not pro-gun are bound to freak out in that scenario. That, sir, is a fact regardless of what "values" you think I'm throwing out there.  Unfortunately it's inherent in today's society.
it happens and you know if your old to to know if not you will learn it is. soon what you like to do you wont beable to at least not without someone making a big deal out of it and could get cops called on you even if not illegal yet! that's my Point!
it's called making issues where non exist or where none should exist at least if you want to keep your rights that is.
« Last Edit: August 15, 2014, 01:15:21 AM by csaaphill »
"When my bow falls, so shall the world. When me heart ceases to pump blood to my body, it will all come crashing down. As a hunter, we are bound by duty, nay, bound by our very soul to this world. When a hunter dies we feel it, we sense it, and the world trembles with sorrow. When I die, so shall the world, from the shock of loosing such a great part of ones soul." Ezekiel, Okeanos Hunter

Offline csaaphill

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oh well ya waiting on some more confirmation but think it was antigun ninys using thier public voice. which is something were going to have to watch for antiguners and antihunters outnumber us in on on public lands!
Meaning you cudl be doing nothing but carrying a old fashined smoke pole and they will still call the cops and say your menacing.
at some point were going to have to say you know what I'm not moving and if you want me to leave you will have to arrest me or use force. I mean the guy wasnt breaking any laws but asked to leave on his own accord he gave in and maybe shouldn't have for that gives them the upper hand when it's someone elses turn out there! :twocents:
"When my bow falls, so shall the world. When me heart ceases to pump blood to my body, it will all come crashing down. As a hunter, we are bound by duty, nay, bound by our very soul to this world. When a hunter dies we feel it, we sense it, and the world trembles with sorrow. When I die, so shall the world, from the shock of loosing such a great part of ones soul." Ezekiel, Okeanos Hunter

Offline ghosthunter

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I am mostly a live let live type of guy.
But folks who. Make up stuff waste everyone's time.

I wish there was a way to file a reverse complaint against  the reporting party, if they made stuff up.

Turn it back on them. Lots of folks like to stay anonymous and don't have the guts for the face to face.

I guess another go reason for GoPro cameras. :dunno:
GHOST CAMP "We Came To Hunt"
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We are all traveling from Birth to the Packing House. ( Broken Trail)

“I f he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.” ― Theodore Roosevelt

Don’t Curse the Darkness.

Offline Bob33

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There are plenty of things that are legal, but aren’t necessarily wise or courteous:

- Cutting in front of someone in the checkout line, “just because you can.”
- Driving the speed limit in the left lane during heavy traffic, “just because you can.”
- Zipping ahead of everyone in the merge lane to get in front of others, "just because you can."
- Calling someone an a hole to his face, “just because you can.”
- Driving down 4th Avenue in Seattle with a dead deer on the hood, “just because you can.”
- Blatant open carry in Starbucks, “just because you can.” Make that “just because you could.”

I fully support someone’s right to carry firearms, but also expect firearms owners to understand that the messages they send by their behavior can have adverse consequences for other firearms owners.

The details in this instance are not clear. The hiker may have been doing nothing wrong or inappropriate. :twocents:
Nature. It's cheaper than therapy.

Offline BNAElkhntr

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Excuse me for my  Ignorance Was this a closed area for Hunting? Did he posses a Hunting License and a Bear Tag?
Remind me of My Self and a Buddy about 30 years ago Up above Denny Creek On the Pacific Crest   We  were hunting Bears Lawfully when a bunch of Hikers rounded a corner and saw us walking toward them with rifles   the were a little freaked asked us why we had guns  told them Bear Hunting   They were more freaked there were Bears    Different Times

Offline pianoman9701

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Excuse me for my  Ignorance Was this a closed area for Hunting? Did he posses a Hunting License and a Bear Tag?
Remind me of My Self and a Buddy about 30 years ago Up above Denny Creek On the Pacific Crest   We  were hunting Bears Lawfully when a bunch of Hikers rounded a corner and saw us walking toward them with rifles   the were a little freaked asked us why we had guns  told them Bear Hunting   They were more freaked there were Bears    Different Times

No, he was not hunting.
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Offline Russ McDonald

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Due to my contact patrolling the Mt Baker area he wasn't able to respond to the call but he got the report.  The guy wasn't threatening anyone and was not violating the law.  He also told me that what he understood is that the person was not escorted off the trail and it was not closed.  If he voluntarily left that was his choose but I would have been po'd about it.
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Offline Curly

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I'm just curious how the call to authorities went (was it a 911 call?)?  Could have been like this:

911:  Hello, 911.  What's your emergency?

Caller:  There is a man hiking on a mountain trail with a rifle, and I'm scared.

911:  Has the man threatened you?

Caller: No, but he is scary.  He is wearing camo and has an assault rifle. I didn't like the look in his eyes.  :o

911:  Ok, help is on the way. 

 :dunno:

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Offline jackelope

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Another question in keeping with the OP.

Does the the LE have any obligation or need to respond to a Man with a gun call if all the person is doing is carrying a gun while hiking a trail?

Not a crime in this state and many others. Thus no reason to investigate.
Without other facts that would lead a reasonable person to conclude a crime was committed. :dunno:

We go down a slippery slope when we are willing to allow constitutional infringements on some random persons fear of what might happen.

Something we should all consider. Because at some point we may all be a victim of some persons unfounded personal fears.

i totally understand that no laws were broken.
Just for the sake of discussion, where does one draw the line? Just throwing a scenario out there in hopes of hearing some opinions.
Let's say, for the sake of discussion, that this guy had a rifle slung across his back and 3 handguns....(only because the lady at Verlot Ranger Station said he had several handguns) Where does Mom and Dad hiking their 2.5 kids and their dog draw the line and say...holy crap, police...there's a guy with 4 guns walking around in camo looking like a crazy person? Where does Dad(non-gun owner) draw the line and make the correct/incorrect decision about whether to call police? Does he wait for the shooting to start or does he just blow it off since the guy wasn't breaking any laws??

Disclaimer....
This is not a challenge to anyone's thinking on this topic. I'm genuinely curious as to how folks would react to this scenario, so be honest.



Thank you.
:fire.:

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