Knimrod
03-09-2006, 10:18 PM
Man steps up fight against questionable GPD gun possession charge
03/09/2006
By AARON E. LOONEY
The Ascension Citizen
A Baton Rouge man is fighting back amid claims that the Gonzales Police Department improperly arrested him on a gun possession charge in January, and gaining national attention in the process.
Mark Marchiafava said recently that he is considering filing a lawsuit against the Gonzales Police Department for "false imprisonment and on other possible grounds," but has come across issues pertaining to who would take up the case.
"I also talked to the head of the Grand Jury down there, and she refuses to investigate this matter," Marchiafava said. "Lawyers are telling me, "'You do have a violation there, but corrupt courts discourage people suing police," or that the courts limit judgments to such a small amount that lawyers won't do anything with it. One lawyer told me, "'You'd be lucky to get $5,000.'"
Marchiafava was booked Jan. 28 on a charge of illegal carrying of a weapon while shopping with family members at Tanger Outlet Center. He said that while shopping, he was confronted by a Gonzales Police officer who asked why he was wearing a gun.
"After telling him every citizen has that right, he just stood there, speechless," Marchiafava said in a written statement to The Ascension Citizen. "I asked if he was aware of that. Still no answer. It took three queries before he finally answered with, "'No, I didn't know that.'"
As he and his family members attempted to leave the shopping center, Marchiafava said, they came upon a roadblock of four Gonzales Police officers with guns drawn. He was then arrested and transported to the Gonzales Police Department.
"I tried, in vain, to explain to him there is nothing in the entire book which prohibits anyone from openly carrying a weapon," Marchiafava said of his conversation with the arresting officer. "His response? "'Tell it to the judge.'"
As he was later being transported to the Ascension Parish Jail in Donaldsonville for booking, Marchiafava said he engaged in a conversation with the Gonzales Police officer driving him there.
"I tried to explain to him what the law states and the rights of any citizen," Marchiafava said. "He said, and I quote, "'I don't care what the laws or the Supreme Court say, we are not going to have people running around wearing guns with women and children everywhere.'"
After being booked and released on a $200 bond, Marchiafava said, representatives of the Gonzales Police Department told him that his gun was sent to the State Police Crime Lab in Baton Rouge for testing to see if it was related to a crime.
"I was told that I may see it in four to five months," Marchiafava said.
Marchiafava did receive his gun back in a recent meeting with Gonzales Police, as well as a check for the amount of the fine.
In a short letter dated Jan. 27, 23rd Judicial District Attorney Tony Falterman declined to prosecute the case.
Representatives from the Gonzales Police Department were unavailable for comment.
According to Louisiana law, any state resident is allowed to carry a handgun as long as they have a valid concealed weapons permit, which can be obtained through the Louisiana State Police. Also, state law denies municipalities to have any laws overriding state law in terms of handgun possession.
Illegal carrying of weapons is defined as "the intentional concealment of any firearm or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person."
Another possible charge in such a situation, negligent carrying of a concealed handgun, is defined by state law as "the intentional or criminally negligent carrying by any person, whether or not authorized or licensed to carry or possess a concealed handgun."
Two of the possible scenarios under this law include "when it is foreseeable that the handgun may discharge, or when others are placed unreasonable apprehension that the handgun may discharge" and "when the handgun is being carried, brandished, or displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed."
The law calls for the arrest of someone suspected of this charge and the seizure of the gun. The maximum sentence for anyone found in violation of the law is a fine up to $500, a six-month hard labor prison term or both. The handgun would also be forfeited and the person's license or permit to possess the weapon would be revoked.
Marchiafava said he has been openly carrying a firearm for the past seven years.
Link to story (http://www.ascensioncitizen.com/articles/2006/03/09/news/news6.txt)
03/09/2006
By AARON E. LOONEY
The Ascension Citizen
A Baton Rouge man is fighting back amid claims that the Gonzales Police Department improperly arrested him on a gun possession charge in January, and gaining national attention in the process.
Mark Marchiafava said recently that he is considering filing a lawsuit against the Gonzales Police Department for "false imprisonment and on other possible grounds," but has come across issues pertaining to who would take up the case.
"I also talked to the head of the Grand Jury down there, and she refuses to investigate this matter," Marchiafava said. "Lawyers are telling me, "'You do have a violation there, but corrupt courts discourage people suing police," or that the courts limit judgments to such a small amount that lawyers won't do anything with it. One lawyer told me, "'You'd be lucky to get $5,000.'"
Marchiafava was booked Jan. 28 on a charge of illegal carrying of a weapon while shopping with family members at Tanger Outlet Center. He said that while shopping, he was confronted by a Gonzales Police officer who asked why he was wearing a gun.
"After telling him every citizen has that right, he just stood there, speechless," Marchiafava said in a written statement to The Ascension Citizen. "I asked if he was aware of that. Still no answer. It took three queries before he finally answered with, "'No, I didn't know that.'"
As he and his family members attempted to leave the shopping center, Marchiafava said, they came upon a roadblock of four Gonzales Police officers with guns drawn. He was then arrested and transported to the Gonzales Police Department.
"I tried, in vain, to explain to him there is nothing in the entire book which prohibits anyone from openly carrying a weapon," Marchiafava said of his conversation with the arresting officer. "His response? "'Tell it to the judge.'"
As he was later being transported to the Ascension Parish Jail in Donaldsonville for booking, Marchiafava said he engaged in a conversation with the Gonzales Police officer driving him there.
"I tried to explain to him what the law states and the rights of any citizen," Marchiafava said. "He said, and I quote, "'I don't care what the laws or the Supreme Court say, we are not going to have people running around wearing guns with women and children everywhere.'"
After being booked and released on a $200 bond, Marchiafava said, representatives of the Gonzales Police Department told him that his gun was sent to the State Police Crime Lab in Baton Rouge for testing to see if it was related to a crime.
"I was told that I may see it in four to five months," Marchiafava said.
Marchiafava did receive his gun back in a recent meeting with Gonzales Police, as well as a check for the amount of the fine.
In a short letter dated Jan. 27, 23rd Judicial District Attorney Tony Falterman declined to prosecute the case.
Representatives from the Gonzales Police Department were unavailable for comment.
According to Louisiana law, any state resident is allowed to carry a handgun as long as they have a valid concealed weapons permit, which can be obtained through the Louisiana State Police. Also, state law denies municipalities to have any laws overriding state law in terms of handgun possession.
Illegal carrying of weapons is defined as "the intentional concealment of any firearm or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person."
Another possible charge in such a situation, negligent carrying of a concealed handgun, is defined by state law as "the intentional or criminally negligent carrying by any person, whether or not authorized or licensed to carry or possess a concealed handgun."
Two of the possible scenarios under this law include "when it is foreseeable that the handgun may discharge, or when others are placed unreasonable apprehension that the handgun may discharge" and "when the handgun is being carried, brandished, or displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed."
The law calls for the arrest of someone suspected of this charge and the seizure of the gun. The maximum sentence for anyone found in violation of the law is a fine up to $500, a six-month hard labor prison term or both. The handgun would also be forfeited and the person's license or permit to possess the weapon would be revoked.
Marchiafava said he has been openly carrying a firearm for the past seven years.
Link to story (http://www.ascensioncitizen.com/articles/2006/03/09/news/news6.txt)