Seized by the Manchester, New Hampshire PD for Open Carry

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mvpel

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Go ahead and post it here, the cat's out of the bag and the heat's ready to be turned up. I spoke with Gov. Benson about this situation on the two-month anniversary of the incident - two months is plenty long enough for them to carry out an "internal investigation."
 

P95Carry

New member
Hard to believe Michael that it's that long already. Sure shows how slow things can go ........ when folks want it that way! :rolleyes:

Still watching with great interest.

Best
 

buckmeisterq

New member
GOA Email alert, complete text

Manchester Police Out of Control

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408

Friday, June 4, 2004


Michael Pelletier was browsing in a Manchester Barnes & Noble
bookstore this past March, and sipping a cup of latte, when he was
suddenly assaulted by a couple of Manchester police officers, Chris
Byron and David DuPont. (These officers were backed up by
Detectives Sean Leighton and John Petty, and a Sergeant Bartlett.)

Pelletier was carrying a pistol openly at the small of his back,
having taken off his jacket due to the warm weather. All of a
sudden, he was seized by the right shoulder and his holster and
pushed toward the corner of a bookcase by one of the cops. He was
told to place his hands on his head, which he did at once.

He was then disarmed and escorted out of the store by the police.
The cops ran a background on Pelletier and found that he had no
record. They proceeded to take the next five minutes cascading a
chorus of questions about why he carries a gun and what kind of
training he had.

(Truth be told, Pelletier’s training almost certainly exceeded that
of his inquisitors.)

After enduring various disrespectful and arrogant statements and
questions by the officers and detectives, Pelletier’s firearm was
returned to him and he proceeded to reload it and put it back on his
belt -- under his shirt. Pelletier then went back into the store to
complete his purchases before going home.

The cops were responding to an anonymous complaint from someone
alarmed by the sight of a private citizen possessing a gun. (The
caller to 911 likely left his or her name, but Pelletier’s attorney
has been prohibited from learning the caller’s identity -- allegedly
due to Emergency Services regulations.)

The cops assaulted Pelletier based on this flawed complaint in spite
of what their own eyes revealed to them -- a family man wearing his
gun openly and legally, peaceably browsing in a store. They claimed
that it was reasonable for someone to feel alarmed and threatened.

The reckless behavior of the cops resulted in a violation of
Pelletier’s Fourth Amendment rights and defamed his character,
making a spectacle out of him in public.

So far, the police department has offered no explanation, and
certainly no apology for the outrageous and unprofessional behavior
of its officers. An internal investigation is underway, but there
has been no public disclosure of any details of this investigation.

We believe the reason for Mr. Pelletier’s complaint being classified
as an internal investigation is to allow the police to keep the 911
call and other pertinent information secret from Mr. Pelletier’s
attorney. As long as the investigation is categorized as "internal,"
the RSA 91-A Right to Know law is said not to apply. To challenge
that determination and interpretation of the law would require Mr.
Pelletier to file an expensive and time-consuming lawsuit.

The Manchester Police Department needs encouragement to do the right
thing and to assure the public that what happened to Pelletier is
not department policy.

ACTION: Please send the text below in an e-mail to Manchester
Police Chief John Jaskolka. Also, please e-mail your state
legislators. To identify those elected officials, and to obtain
contact info for them, see
http://www.gencourt.state.nh.us/ie/whosmyleg/ on the legislature's
website.

Please don’t forget to forward this alert to other New Hampshire gun
owners. The next victim of this official abuse could be literally
anyone.

CONTACT INFO for Chief Jaskolka:

John A. Jaskolka, Chief of Police
The Manchester Police Department
351 Chestnut Street
Manchester, NH 03101

Phone: (603) 668-8711
Fax: (603) 628-6145
manchesterpd@ci.manchester.nh.us

----- Pre-written letter for Chief Jaskolka -----

Dear Chief Jaskolka:

I was very disturbed to learn of the treatment Michael Pelletier was
subjected to in a Manchester Barnes & Noble on March 27.

What plans do you have to apologize to Pelletier for the behavior of
officers under your command?

What plans do you have to insure that such an outrage never happens
again?

Sincerely,


--- Pre-written letter for state representatives and senators ---

Dear ________________,

I have learned that the Manchester Police Department has taken no
public action to correct the outrageous behavior of some of its
officers when they rousted Michael Pelletier on March 27 at a Barnes
& Noble bookstore in Manchester. Pelletier was legally carrying a
pistol in a holster and was browsing at the store with his wife.

Please let me know what Chief Jaskolka tells you regarding his plans
to apologize for the officers’ behavior, and what actions he has
taken, or will take, to insure that his officers will not assault a
peaceful armed citizen in the future.

Sincerely,


****************************
 

tcdrennen

New member
Michael-

Go for it! at the very least, the arrogance of those "public servants" needs to be taken down a peg.

But I would like to ask why you choose SOB carry? While the potential advantage of being able to access the weapon with either hand is valid, the ease with which you were disarmed demonstrates the disadvantage of that carry method (especially when carrying openly!).

Seriously consider strong-side carry! A second weapon (a pocket-holstered BUG or perhaps a knife) on the weak hand side should assuage access concerns.


:cool:
 

buckmeisterq

New member
Michael has answered the "Why SOB, and why open?" a bunch elsewhere

Basically, he wasn't set on carrying openly. It was more or less spur of the moment decision to leave his jacket off. He admits it wasn't the best decision, to wit that he was so easily disarmed. He has admitted to and apologized for his lack of situational awareness :)
 

stand_watie

New member
Do you have the Manchester chamber of commerce contact info?

I expect to be driving through that neck of the woods every now and again - I'd like to let the businesspeople of Manchester know why I want to avoid their city.
 

Theophorus

New member
Here in AZ Open Carry is still "legal." So, this July 4th I will be carrying openly, and hope that many other freedom loving men will be doing the same. Stay in the fight, Michael.

Theo :)
 

dev_null

New member
I won't be, because I'll be on the Mall, in the heart of our Nation's Capital, on Independence Day. The irony has not escaped me. :mad:
 

mvpel

New member
I was thankful that my wife was in the bathroom, and had no idea anything was going on. It would have been rather stressful for her, and would have cast a pall on her enjoyment of our evening out for our eleventh anniversary.
 

PATH

New member
mvpel,

Would a rally by New Hampshire gun owners, with their guns being carriied openly and legally be appropriate at this point?
 

mvpel

New member
My attorney is on the board of Gun Owners of New Hampshire, so she and her fellow board members would probably be the best judges of when and where that'd be helpful.

I think at least July 4 should be considered New Hampshire Open Carry Day, but that's up to each individual who faces the same kind of treatment at the hands of the cops as I did.
 

mvpel

New member
I spoke with Dave Workman of GunWeek magazine and the Second Amendment Foundation again this morning - he had noticed the increased circulation of this story on the internet thanks to the Gun Owners of America alert and WorldNetDaily article.
 

Fjolnirsson

New member
Mvpel,

I'd like to say thank you for taking the time to fight this one out for all of us.
Is it just me, or are you getting less criticism here than you did at THR?
Maybe I should hang out here more often. I'm pretty sick of hearing people criticized for legal open carry.
 

Theophorus

New member
"I'm pretty sick of hearing people criticized for legal open carry."

AMEN! Sometimes I feel as if I'm the only one.

Theo
 

mvpel

New member
Still no word from the PD - I'm thinking about stopping in there tomorrow to see if I can review and copy their training standards manual, the one they told my attorney would cost $3 per page in violation of the law.
 

pax

New member
...in violation of the law.
:D

Give 'em hell, mvpel.

(Hey, I could start a poem like that...)

pax

I never did give anybody hell. I just told the truth and they thought it was hell. -- Harry S Truman

The law, in all of these matters that I litigate, is written in clear black letters. I'm simply saying the government must obey the law. And if the law is bad, what better way to get it changed than to make sure it is enforced? – Edward D. Sloan, jr.
 

mvpel

New member
Hey folks, sorry for the long delay in updates here. I've been busy with work, both remunerative and personal. We're up to the third coat of paint in one room, hopefully that'll be the last one.

Let's see... I spoke with Governor Benson again briefly, as he was the keynote speaker at the New Hampshire Liberty Alliance dinner that was held in Plymouth, NH, and reminded him of the situation.

Not too long after that, I got a letter from the Attorney General's office, saying that:

It appears the response by the Manchester Police Officers was appropriate given the information they had upon entering Barnes and Nobles. [sic]

We wrote back to him, pointing out that thus far, we have no idea what information they had upon entering, thanks to the obstructionism we've faced in the MPDs refusals of RSA 91-A requests. I also stated that I felt confident that a Fourth Amendment claim would stick, and hoped that he'd assist me in avoiding having it come to that.
 
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