Thoughts

[Boriqua]

So this guy is arrested for attempted robbery. Saw the story on another online forum and most people were talking about how they would draw down on the guy.

I dont know .. maybe being in AZ for the last 17 years and being around open carry and being around guns and gun people ...

Unless there is more to the video I dont get the Attempted Robbery charge. He never had his finger on the trigger, doesnt point it at anyone and makes no demands. He is just a guy with a shotgun. Would pique my interest but I am not ready to draw down. Might keep a squirrely eye on him but ... Just another guy with a gun to me.

https://www.fox32chicago.com/news/armed ... is-happens

[QuietM4]

Being in AZ and seeing open carry PISTOLS is one thing...until you realize that no one open carries a long gun on a day-to-day basis...the wanna-be LARP'ers that show up to rallies at the capital with an AR incorrectly slung on their backs whilst donning their finest Cheaper Than Dirt tactical gear don't count.

And the "I'm from Chicago" excuse doesn't hold water either. I've never heard about the general Chicago public regularly carrying long guns into convenience stores.

That guy was up to no good, encountered armed resistance, and then tried to play off his attempted robbery as if carrying a shotgun into a store was normal.

[omegaman]

Either debating on robbing the place or just an idiot stirring the S pot.

[knockonit]

oh my, so maybe try walking into a circle k with a shot gun and see whut happens, lol. fun stuff for sure, we got plenty transplant shicagoans, locally don't we, pending what part of town yer in.
Rj

[zonie77]

oh my, so maybe try walking into a circle k with a shot gun and see whut happens, lol. fun stuff for sure, we got plenty transplant shicagoans, locally don't we, pending what part of town yer in.
Rj

Absolutely and what century you left shicago.

[Boriqua]

I can see the clerk arming up but I dont see the charge. Nothing in that video says to me "Attempted Robbery." Showing up with a gun is not attempted robbery. I may be reaching since its a long gun but .. maybe I just don't want to leave it in my car because its not secure but I want a bag of chips.

He cant hide it so walking in with it down his side wasn't an attempt at concealment and personally having been on the muzzle end of two robberies at the place I worked .. they busted in the door with guns raised and shouting. They didn't wander in hiding long guns .. they came in for action from the front door.

I also dont see a distinction between a pistol and a long gun. Perception maybe, but I can rob the circle K just as effectively with one or the other. If one is ok then all are ok.

Put me on a jury and I would be hard pressed to support Attempted Robbery without more. I am trying to stay true to form and, its not the tool but the intent or the criminal action with that tool, and I am not seeing intent there and I certainly don't see a criminal act. Only what we can imagine he may have been thinking. The fact that there is a gun in play doesnt make intent or .. no one should ever open carry.

Now .. with further research I think I find that Florida does not have open carry so there is that.

[XJThrottle]

Now .. with further research I think I find that Florida does not have open carry so there is that.

Hang that one on him.

[Boriqua]

Now .. with further research I think I find that Florida does not have open carry so there is that.

Hang that one on him.

I wonder since there is no open carry can they also charge something like menacing or brandishing?

[XJThrottle]

Now .. with further research I think I find that Florida does not have open carry so there is that.

Hang that one on him.

I wonder since there is no open carry can they also charge something like menacing or brandishing?

That would probably depend on the nuts on the DA.

[smithers599]

I agree; no attempted robbery. "Thinking about robbery but changing your mind" is not a crime. His lawyer will get that dismissed.

[Suck My Glock]

A lot of people don't remember that before Florida passed a CCW permit system into law in the 80's, they had unlicensed open carry identical to here in Az. They passed CCW back in 87' and liberal media wet their pants and cried how there would be blood in the streets. When that didn't happen, they changed their tactics and said "why are we requiring a license to carry concealed but not carry openly?", and pushed to have a permit as the ONLY way to carry there. (This is why Alan Korwin urged AZCDL in 2004 to push for Constitutional Carry, to keep the Florida mistake from happening here.) The push has been on in Florida to rectify that mistake, and in fact this was believed to be the year Florida return to open carry being legal once again, as well as making permitless concealed like we have allowed also. But so far,...not yet.


I'm not up on current Florida law, but I imagine they might have some sort of language in their robbery statutes about "indirect threatening", meaning it might not be required to actually audibly speak a threat or point a weapon in order to compel someone to surrender the booty. Simply causing someone to feel threatened might be enough to call holding a shotgun in a stop-n-rob an attempted robbery.

[Boriqua]

I went to a few of the AZS group shoots but never went to one of the "open carry Dinners" I cant speak from personal experience but I been around this forum a long time and remember some of the pix of the wares people brought.

Having a threat be defined as someone feeling threatened is an ugly can of worms I would never want to see happen. Especially during a period of time where people are shouting that words are violence.

[Manitu]

Strong reaction expected, that guy sounded mildly put, cognitive issues are on his arrest records back in Chicago.

[That Guy]

Being in AZ and seeing open carry PISTOLS is one thing...until you realize that no one open carries a long gun on a day-to-day basis...the wanna-be LARP'ers that show up to rallies at the capital with an AR incorrectly slung on their backs whilst donning their finest Cheaper Than Dirt tactical gear don't count.

And the "I'm from Chicago" excuse doesn't hold water either. I've never heard about the general Chicago public regularly carrying long guns into convenience stores.

That guy was up to no good, encountered armed resistance, and then tried to play off his attempted robbery as if carrying a shotgun into a store was normal.

Yeahhhhhh, you might wanna reread that “shall not be infringed” portion again. Case in point. The engine in my truck blew and was in the shop so all I had was my bike for transportation. I went out to the desert to do some plinking with my MIA Bush that had a folding stock. Yeah, I had a Pelican case but good luck strapping that to a motorcycle. So, since it DID have a sling I said “screw it”. I slung it across my back and left. On the way back I decided to stop at the Dairy Queen in Cave Creek for some burgers. So what am I supposed to do? Leave it on the bike? Yeah, I walked in with an unloaded rifle, got my food, and sat down to eat. Did I get a couple of “looks”? Yeah. But I was within my rights and if you sunshine “patriots” have a problem with that then its too damn bad. There isn’t a clause in the 2A which states “…..the right of the people to keep and bear arms shall not be infringed-except when bearing those arms makes people uncomfortable”


PS-Keep sending me those “Private Messages” folks! I don’t read them but I am trying to hit 100 rants!

[Joe_Blacke]

Burglary has a lot of variables. It goes beyond just theft.

In AZ, it can be trespassing plus the intent to commit a felony (or theft). First degree is the same condition, but being armed.

So in AZ, you might use Agg assault as the felony portion to satisfy the burglary charge. If the business is posted “no weapons”, then that satisfies the notice requirement for trespassing.

Agg assault can be satisfied by placing another in reasonable apprehension of physical injury while being armed.

Usually though, the suspect just goes ahead and confesses they were going to rob the place. So there is your theft/felony.