From: weavermt@YAHOO.COM (Tim Weaver)
To: AZRKBA@asu.edu
Subject: Arizona Legal Victory for Gun Owners!!!
Date: Mon, 04 Nov 2002 12:09:57 -0800


Hello everyone:

First, let this message thread turn NOT into a Salmon v. Napalitano
debate.

That said, Marc Victor is reporting a victory in the Tim McDermott
concealed carry case.

The upshot is the Phoenix municipal court judge ruled that the CCW law
regarding fanny packs and luggage is unconstitutional for vagueness.

The judge did not rule, however, on the issues of a jury trial, the second
amendment, search and seizure legality, etc.  This means that should the
case be remanded back to municipal court, the judge could rule on any of
those issues as well...dragging this out for a while.

The government has already filed notice of appeal, as you would expect.

I think we can expect to see this back under the legislative microscope
within a session or so (remember what I said above about
Salmon/Napalitano).

Ernie wants to get another SAFE conference together where Marc Victor will
tell all.  Tentative date and location (and I DO mean tentative) is
Saturday, November 16th 2002, at the Grace Inn in Ahwatukee (sp?).  Again,
date and location are NOT CONFIRMED, but keep this open.

This issue has some tremendous significance on gun rights in Arizona, so
we can hope for the best (and remember what I said above about
Salmon/Napalitano).

One thing is that such a conference will incur some expenses, so groups
(like Brassroots, FACT, GOA, JPFO, etc.) are invited to assist as they
can, as are individual donations. Practical Tactical will be kicking in
$100 to help toward defraying the conference expenses.  Please let me know
if you can help out or contact Ernie Hancock at ernesthancock@cox.net

Now, here's the message from Marc Victor announcing the verdict.

Tim Weaver
Glendale
602-402-7385

#####
As some of you may know, I have been litigating the constitutionality of
the misconduct with weapons statute (A.R.S.  13-3102)  in Tim McDermott's
case. After three and a half hours of oral argument, we won.  The judge
ruled that A.R.S.  13-3102(F) is unconstitutionally vague as applied to
the word "luggage."  Said another way, the statute doesn't give fair
warning that a "fanny pack" is not "luggage" which is excluded from the
permit requirement.  The winning motion is attached for more details on
the argument.

The state immediately appealed.  Game on!  Next step is the Maricopa
County Superior Court.  The implications of this case could be huge for
those who want to carry concealed in a fanny pack without obtaining a
permission slip (permit) from the state. This is not YET a reported case.
Said another way, if you currently carry concealed in a fanny pack without
a permit, you could be prosecuted.  Hopefully, that will change.

I have been representing Tim at a substantially reduced rate.  Fighting
the appeal will involve much of my time.  Although I intend to fight on
regardless of financial support, I would prefer to be paid something for
my time. I am informed that Ernest Hancock will be organizing a
rally/fundraiser event soon.  If you are interested in supporting the
fight, please contact Ernie at ernesthancock@cox.net

Feel free to forward to those who may be interested. In the meantime,
let's savor our victory for freedom.

Marc J. Victor, Esq.
Victor & Hall, P.L.C.
1630 South Stapley Drive, Suite 231
Mesa, Arizona 85204

480-755-7110 ext.101
www.victorandhall.com



--
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