========
WILLIAM LAWLER is convinced that his civil rights were violated during a car stop in which police confiscated his legally owned gun and his permit to carry a concealed weapon.
On Friday, a federal jury was convinced otherwise.
It was a quick midday run to the post office in April 2008 that landed Lawler, an 11-year Army veteran and social-studies teacher, in the back of a police cruiser in handcuffs.
The traffic violation for which he was stopped in Northeast Philadelphia was later dismissed. But cops said that the politically charged bumper stickers on the back of his station wagon, including "Fear the government that fears your gun," led them to ask if he had a gun - which he did - and if he had a permit to carry it - which he did.
"The back of my car is pretty much a billboard for who I am. I'm a political animal," Lawler said in court last week. "This is a legal, peaceful way for me to express my views."
But Lawler was ordered out of his car. Cops searched him and the vehicle, and took his legally owned permit and his 9mm Glock-17. They drove him to the 8th Police District, but never arrested him or charged him with a crime.
One police officer testified last week that Lawler's "agitated and upset" demeanor led cops to handcuff him. Still, cops said that Lawler never threatened them and followed all instructions. The only statements one officer even remembered Lawler saying had to do with his constitutional rights. Police said that they took his gun and permit because he had not voluntarily informed them that he was carrying a gun.
"I stood up for myself, yes," Lawler testified. "Was I a raving madman? Not by any long shot."
Still, it took Lawler 689 days, $2,000 in lawyer's fees and a judge's order just to get his permit and his $800 gun back.
Then he took his complaints to federal court, suing the city and the four police officers he claims were involved in the stop, for violating his First and Fourth amendment rights.
He stuck to his guns, turning down a $25,000 offer from the city to settle his claims. He said that he wanted to challenge what he believes is the practice of the Police Department to harass legal gun owners.
"I don't want it to happen to me again, or anyone else," Lawler said.
But after a three-day trial last week, which included testimony from Police Commissioner Charles Ramsey, a jury deliberated less than two hours Friday before shooting down Lawler's claims.
This may highlight one of the major flaws of the NRA. While they support the right to own guns they don't engage in cases like this because they don't calculate that this incident is a direct threat to gun rights. The significance of the fact that this gun rights violation was first a free speech violation and that effect on gun rights escapes them.
ReplyDeleteThe significance of the fact that this gun rights violation was first a free speech violation and that effect on gun rights escapes them.
ReplyDeleteEvidently or on purpose.