View Full Version : He Was Charged With ‘Going Armed to the Terror of the Public’
http://heavy.com/news/2015/07/bryan-wolfinger-fayetteville-north-carolina-cross-creek-mall-gunman-shooter-shooting-assault-rifle-kevlar-vest-army-sergeant-infantryman-fort-ft-bragg-soldier-arrested-charged-going-armed-to-terror/
"North Carolina allows open carry of legally owned weapons, but the Cross Creek Mall, but guns are not allowed at the Cross Creek Mall."
I'm not sure if this was a crime in NC. He should have been more discrete and it doesn't sound like he was threatening anyone. I'm not in favor of open carry. Especially when it is done to draw attention. I'm not sure if this was the case or not.
Disgusting. You either have your Inalienable Rights or you don't.
Saw a report he is a Sergeant in the 82nd Airborne. How is that going to shake out for his career?
Well, the Military likes to eat its own, so... I'd venture to speculate, not too well.
Disgusting. You either have your Inalienable Rights or you don't.
You don't. Not anymore.
You don't. Not anymore.
Pretty sad ain't it?
You're really only free if you're willing to die for your Rights. I thought that all the sefless men and women who have died for our Rights and Freedom had already paid that price for us... now look at this Country.
Averageman
07-03-15, 08:48
Someone is busily rewriting the Holiday and Weekend Safety Briefing to include the words;
"And don't open carry at the Mall"
As we speak.
That was just plain stupid on his part. If he was looking for attention, he sure got some!
Yes, creating a Retarded Law in NC to Further Erode Gun Rights is definitely stupid, no doubt.
Well Folks, it's Legal to Open Carry, but if the Sheeple get scared while you're doing it and phone the Police, well, then we're going to Arrest you and charge with this BS New Law we've created.
Meanwhile, we're helping Iran build Nukes... we're denying the Kurds much needed Arms shipments so they can fight those guys that we helped create, you know, ISIS.
That was just plain stupid on his part. If he was looking for attention, he sure got some!
Yes, let's castigate this veteran for exercising a fundamental, inalienable, constitutionally-protected Right.
Averageman
07-03-15, 10:13
http://heavy.com/news/2015/07/bryan-wolfinger-fayetteville-north-carolina-cross-creek-mall-gunman-shooter-shooting-assault-rifle-kevlar-vest-army-sergeant-infantryman-fort-ft-bragg-soldier-arrested-charged-going-armed-to-terror/
Going armed to the terror of the public is a class 1 misdemeanor. A person guilty of the charge “arms himself with an unusual and dangerous weapon for the purpose of terrifying others and goes about on public highways in a manner to cause terror to the people,”according to the North Carolina Criminal Law Blog.
Doesn't this simply curtail then any "Right" to open carry?
According to the 2012 post on the blog, which is run by the University of North Carolina School of Government, the crime was charged in 340 cases in 2011.
It seems to be used rather often.
North Carolina allows open carry of legally owned weapons, but the Cross Creek Mall, but guns are not allowed at the Cross Creek Mall.
Visitors are asked to refrain from, “carrying or displaying weapons of any kind except those carried by certified law enforcement officers in the performance of their duties,” according to the mall’s code of conduct.
I've been to a couple of Malls, I have yet to see a posted "code of conduct" in any of them.
Sounds like they came up with the law to address those who would brandish weapons while driving down a roadway. Doesn't seem to apply in this case, unless there is more written in that law.
Also, proving his intent to terrify may be hard if he was only out for a photo shoot, like he said. You would need something in his speech or actions to show intent otherwise.
Either way, it was an ignorant thing to do.
Unusual and dangerous weapon... Bits like that always get me. Everything is a weapon usual, unusual, or otherwise. FFS...
FromMyColdDeadHand
07-03-15, 12:27
Going armed to the terror of the public is a class 1 misdemeanor. A person guilty of the charge “arms himself with an unusual and dangerous weapon for the purpose of terrifying others and goes about on public highways in a manner to cause terror to the people,”according to the North Carolina Criminal Law Blog.
To be guilty they have to show that he had intent to terrify others, which doesn't seem to be the case.
To be guilty they have to show that he had intent to terrify others, which doesn't seem to be the case.
I agree. I don't think he committed a crime. From what I've read he shouldn't have been arrested. People being scared doesn't make this a crime.
Yes, let's castigate this veteran for exercising a fundamental, inalienable, constitutionally-protected Right.
It's possible to exercise a fundamental right and be stupid at the same time.
I fully support the "no gun" sign these days. Prevents (half intelligent) idiots from open carrying. This idiot decided to open carry at a place with the sign. He wanted attention, and he got it.
To the people complaining: doesn't the mall owner have property rights?
The only issue I have with this is labeling the AR-15 as an "unusual" weapon
It's a BS law and a half decent lawyer will get the charge tossed. My buddy used to be a Durham County ADA (just up the road from Fayetteville), he does not think it will stick but thinks the in the hands of the wrong politics/DA they can find something else to make it stick.
This mall is posted. I doubt he'll get convicted of "Going Armed to the Terror of the Public" since they won't be able to prove intent, but sounds like he has a problem with carrying a weapon in a place that's legally posted. Both are Class I misdemeanors.
If you are going to open carry a rifle, you damn well better have your Gay Pride shirt on.
If you are going to open carry a rifle, you damn well better have your Gay Pride shirt on.
No joke.
Where's all the hate and condemnation and chest thumping and "I'd have shot him... " and that BS from the Usual Suspects on here concerning the Gay OC?
Yes, let's castigate this veteran for exercising a fundamental, inalienable, constitutionally-protected Right.
People aren't castigating the guy for exercising a fundamental right but for forgetting the concept of common sense.
The law is BS as are the majority of laws on the books. The place was posted as a no go zone for guns. He chose to go there with a gun apparently wearing his battle rattle. Who in their right mind does that CONUS outside of some exercise of other official function that most people would be aware of. This is simply a case of play stupid games and win stupid prizes.
He should be thankful that the PD chose to charge with something easily defensible. His career might still be trash as I can't imagine the mighty politicians of Big Army not hammering someone for gun charges or standing behind someone who can't exercise common sense.
People aren't castigating the guy for exercising a fundamental right but for forgetting the concept of common sense.
The law is BS as are the majority of laws on the books. The place was posted as a no go zone for guns. He chose to go there with a gun apparently wearing his battle rattle. Who in their right mind does that CONUS outside of some exercise of other official function that most people would be aware of. This is simply a case of play stupid games and win stupid prizes.
He should be thankful that the PD chose to charge with something easily defensible. His career might still be trash as I can't imagine the mighty politicians of Big Army not hammering someone for gun charges or standing behind someone who can't exercise common sense.
I wondering with all the "be on the lookout for ISIS" crap if he didn't think he was simply being prepared. Not saying taking a long rifle into a posted area was smart, but I've seen veterans do dumber things just because they "think" they know what they are doing.
FromMyColdDeadHand
07-04-15, 16:40
No joke.
Where's all the hate and condemnation and chest thumping and "I'd have shot him... " and that BS from the Usual Suspects on here concerning the Gay OC?
You mean me? Our CCWers are the gays. Our OC is like the trannys, though the LQBTIQAXYZ people have leapfrogged us with Caitlyn. They have gotten traction with tranny's, but I guess we aren't there yet with our OCers.
morbidbattlecry
07-04-15, 16:50
Yes, let's castigate this veteran for exercising a fundamental, inalienable, constitutionally-protected Right.
Just because you can doesn't mean you should.
I wondering with all the "be on the lookout for ISIS" crap if he didn't think he was simply being prepared. Not saying taking a long rifle into a posted area was smart, but I've seen veterans do dumber things just because they "think" they know what they are doing.
My reading was that he was going to the mall for a photo shoot. Not going there to beef up security.
What he did was stupid and not indicative of a person who uses common sense and all the info available to him to make a decision. Brain fart, miscommunication I'm definitely open to hearing more info about the entire sequence of events.
My reading was that he was going to the mall for a photo shoot. Not going there to beef up security.
What he did was stupid and not indicative of a person who uses common sense and all the info available to him to make a decision. Brain fart, miscommunication I'm definitely open to hearing more info about the entire sequence of events.
I was thinking more in terms of "personal security" rather than "volunteer security." To be honest, I haven't devoted too much time to read the actual story so I'm merely speculating. If it was nothing more than a photo op, he's a retard, especially in light of the current security concerns.
But I've seen the phenomena where somebody walks around with a select fire weapon and grenades for a year or two and doesn't quite make the complete transition to the fact that it's frowned upon when you do it in Starbucks.
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