Ham Arrested at NC Airport

Just the same news page we have all gone to. As it is demanding might be strong but that is how it was initially presented. Now it just seems like they are back pedaling and we will focus on his car opposed to what he did or did not do.

 

OK, just for the record concerning Ohio's CCP. You are not allowed to show the gun (make it visible) unless you intend to use it. A CCP is just that - concealed. Simple as this - if he had the gun where it was visible outside of the vehicle, then he violated the CCP which he was granted in Ohio.

The article and the news report was quite clear, he got out of the car with it on his person - no longer concealed, in my view at least. The article didn't say how long he had been in the parking lot, so we don't know if the airport security would have seen him earlier. since this wasn't a regular airport parking lot, this would also explain the time difference between his arrival and the security noticing him.

Finally, if he was using his radios, he should have had his license on his person (FCC rules) and without the gun, this incident would have been over in a few minutes after proving his reason for the antennas and radios.

As for the lites in the vehicle, don't know about NC, but in Ohio you are only allowed amber(yellow) lights on your vehicle unless you are a cop or firefighter. The vehicles also need to be registered with the local PD if you are going to put any other color on them. In fact, in some states you can't even have those lights on if you are driving unless you are an obstruction to traffic flow.

This guy obviously has issues of some sort - who else would just pull over behind a car and get out just because there is a car sitting on the side of the road. Generally, smart people roll down the window pull next to it and ask if they need assistance or something. Wouldn't it be considered a little dangerous to get out of your car and walk up to a strangers car like that? And when he felt threatened, he should have maybe reported it and then left - grabing a gun (and he didn't have a CCP at that time) and going back to the person that threatened you - is only asking for trouble. obviously, when he returned with the gun, it was no longer concealed, but that was pretty stupid anyway.

Bottom line, this guy has a habit of doing stupid things - speeding, brandishing a gun without proper registration, and now taking one onto airport property especially in an area where noone knows who you are. maybe this could have been overlooked at a local airport where the cops know him, but that was just plain dumb.

Either way - he could still be charged with violating the CCP in NC as well as having illegal lighting on the vehicle.

the also stated that the siren worked. I still wonder why he needed that working. It would be illegal in Ohio to operate the car with it turned on just like anyplace else.

Yes, this wa sa typical whacker wanna be.

Steve

 

God, there are so many things coming on this post that I have lost track of what is really the problem here...

So, if I understand the situation here is that he was arrested at the airport, same airport from where the president of the United States was leaving (I think he was already gone at the momment of the arrest) and the reason why he was arrested is because he was on posesion of a handgun (he have a permit to carry a conceal weapon)... nothing to do with being a HAM that is just a coincidence, but the array of antennas and equipment on his car come to make the situation more suspicious...

Well... WHAT A HELL ARE YOU DOING ON THE AIRPORT CARRING YOUR GUN! (man! at less try to be use more caution on the way to conceal it).

The fact that you have a permit to carry a gun don't mean that you should take it where ever you go, you dont take the gun with you to the court house or inside the bank, why? because on a second the situation can get out of control on places where security is a issue, and if some one see that you have a gun its not going to say "look he have a gun, did he have a permit or not? let me go and ask him"...

Now, What is all the show about the radios and other stuff on the car?

 

153 posts so far and at least that many different versions of the facts . . .

 

Need to do more reading?

Sorry OM, but I think you need to reread. If he had a cc my intent said that he needed no instruction on how to carry a weapon. As he would have had to pass an examination concerning the safe legal method of transporting a weapon.

He just stepped into some stoopid somewhere and it stuck to him.

 

So . . . Does the ARRL and the NRA have an MOU?

 

There is no requirement that one have an amateur radio license on one's person. The license grant must be in the FCC ULS database. That is what is required.

FCC 97.5: (a) The station apparatus must be under the physical control of a person named in an amateur station license grant on the ULS consolidated license database...before the station may transmit.

His amateur radio license was the least of his worries.

 

It has been stuck to him for a while.

Per WTRF, Wheeling:

"ASHEVILLE, N.C. -- The West Liberty University graduate involved in an incident surrounding President Barack Obama, was previously accused of impersonating a police officer.

Ohio County Sheriff''s Department Cpl. John Kyle said he pulled Joseph Sean McVey over in 2006 after a woman called 911 and said a suspicious car was attempting to pull her over on Route 88 in Ohio County.

According to Kyle, the incident happened around 4 a.m. and deputies later determined it was McVey's car equipped with the flashing emergency lights and sirens.

Kyle said he asked McVey what he was trying to do and he said he was just trying to see if he could pull people over..."

I don't think there was a siren or a wig-wag, but a "CUCKOO."

 

Let’s see if this will help:

What was the only charge McVey was held on prior to being released on bond?

Quote and link from zanesvilletimesrecorder.com

“Joseph Sean McVey has been released from Buncombe County, N.C., jail on a $100,000 secured bond.

The 23-year-old Coshocton man had been held in an Asheville, N.C., jail since Sunday on a misdemeanor charge of going armed in terror of the public“.

http://www.zanesvilletimesrecorder.com/article/20100427/NEWS01/4270328/1002/news01

What is “ Going Armed To The Terror Of The People” in NC law?
Quote and link from gmc.org

“6. Going Armed To The Terror Of The People
By common law in North Carolina, it is unlawful for a person to arm himself/herself with
any unusual and dangerous weapon, for the purpose of terrifying others, and go about on public
highways in a manner to cause terror to others. The N.C. Supreme Court states that any gun
is an unusual and dangerous weapon for purposes of this offense. Therefore, persons are
cautioned as to the areas they frequent with firearms.”
More here:
http://www.grnc.org/images/wa_2007NCFirearmsLawsPub.pdf

Does the FCC preempt State “Scanner Laws” in motor vehicles?

Yes and No

Apparently if police and other regulated signals are being received on an Amateur transceiver capable of receiving the out of band regulated signals, yes, the FCC preempts the State law.

If the monitoring is simply by employing the use of a scanner and is not a Amateur transceiver, no, the FCC dose not preempt State law.

What follows is from the FCC via groveent.com

"13. We hold that state and local laws that preclude the possession in vehicles or elsewhere of amateur radio service transceivers by amateur operators merely on the basis that the transceivers are capable of the reception of public safety, special emergency, or other radio service frequencies, the reception of which is not prohibited by federal law, are inconsistent with the federal objectives of facilitating and promoting the amateur radio service and, more fundamentally, with the federal interest in amateur operators' being able to transmit and receive on authorized amateur service frequencies. We therefore hold that such state and local laws are preempted by federal law.
14. Accordingly, IT IS ORDERED that the request for a declaratory ruling filed by the ARRL IS GRANTED to the extent indicated herein and in all other respects IS DENIED.
FEDERAL COMMUNICATIONS COMMISSION
William F. Caton
Acting Secretary “

http://www.grove-ent.com/LL-FCCdocket.html

 

Not that this is all that important, but my suggestion that you do a little more reading of Coshocton on line stories was based on your utterance above. Specifically "There is no mention that he has a conceal and carry.."

There clearly was, by sheriff Tim, himself. And, how he revoked it after McVey's arrest and sent him a letter at the Ashville jail. You seemed to find other online stories very quickly. Surprised you missed the ones about his permit and its reciprocity in NC.

In the future, if you didn't focus on stupid quite so much, it might help you stay somewhat objective and factual.

Based upon the West Virginia incident, that was enough for me to show me that he needs some help with respect to his wacker tendencies. Whether or not his arrest was justified in Ashville.

73.

 

I think that is the bottom line, and something most all of us agree on. This is his third incident involving police, all revolving around whackerism. That indicates some sort of problem, a mental issue that is not easily overcome.

I'm sure the NC incident is totally overblown, but he seems to get himself in these situations by his own actions. He doesn't seem to learn from past experience.

Joe

 

What's concerning to me, Joe, is that there are likely many more just like him out there. ARRL's over-hype on Emcomm is stirring up whackers with all the "served agency" stuff.

Just look through the proceedings. The AHA waiver request for emcomm drills using amateur radio. Then, the 97.113 rulemaking proceeding (already a thread, but quickly dowsed-down the list from the front page by QRZ).

Its sort of like brainwashing. They keep repeating the "need to be into emcomm" so much that either young, recent entry hams are sucked up into whacker behavior, or all the whacker types are being drawn into amateur radio. Either way, its a serious problem.

While I realize ARRL is likely doing it to try to increase subscriptions (among emcomm employees) it is causing a problem. I hope this example isn't only the beginning of more of this sort of stuff. If it continues, it will ruin what little good that the public perceives that amateur radio has done for society. And, quickly.

73.

 

Emcomm drills have always been legal, and will remain so.

But the waivers and NPRM have nothing to do with wannabe type whackers. They are aimed to make employees legal, thereby actually reducing the need for volunteers, who (like in this case) are sometimes whackers.

Whackers have been around for decades. There is a certain mindset of people who want to "do good" or be a cop or firefighter. They are usually NOT employees of a PS agency.

Joe

 

According to Opencarry.org you are incorrect, they imply that Open carry is not only legal in Ohio, but recently a law was passed to preempt local OC bans in cities: http://www.opencarry.org/oh.html

They also imply that one need not have a permit to carry openly in Ohio except in a vehicle, but I would check that thoroughly before I tried. Of course like any other right we have, one must apply common sense first.

North Carolina also appears to be legal for OC although they imply that localities can ban OC in their jurisdiction. http://www.opencarry.org/nc.html

Were I a resident of either of those place or planning on going their soon with my handgun I would research the laws completely before I go, but since I am not planning to do so, I will leave it for others to find the actual statutes.