Tuesday, June 21, 2016

Now you see them, now you don't: Federal version

Remember the arrest of two men last fall at Ole Miss?  The feds arrested Virgil Dennison and Kyler Campbell for possession of weapons on a school campus.  The two men protested the vote to remove the state flag on October 22.  They were escorted back to their vehicle by University PD.  The police saw two shotguns in Campbell's truck and things went downhill from there for the two defenders of The Flag.  It didn't help matters that "Campbell had pending felony charges".   Police arrested them on October 23, 2015 after  federal agents filed a criminal complaint.  What the media did not report is the federales dropped the charges five days later.

Read the dismissal below.  The order states:

Pursuant to Rule 48(a) ofthe Federal Rules of Criminal Procedure and by leave of court endorsed hereon, the United States Attorney for the Northern District of Mississippi hereby dismisses the Criminal Complaint against both defendants.
 A Google search didn't reveal the dismissal of the criminal complaint was posted anywhere in the media.  The file is posted below.

Kingfish note: The Kingfish was going to ask why the U.S. Attorney had not charged the woman who brandished a pistol around a bunch of kids at Forest Hill High School with a similar charge.  These two guys had two shotguns in their vehicle  and did not carry them.  This woman threatened kids with a gun yet no federal charges.  


Anonymous said...

All other issues aside the Feds sure are getting a lot of mileage out of "interstate commerce".

Dismissed Why? said...

I may have overlooked it, but what I don't see in the story or the complaint or the dismissal is where the truck was parked. If it WAS parked on campus, why were the charges dismissed/dropped? Maybe it was because it's not a federal violation to possess a gun on a state school property.

Anonymous said...

"Near sorority row"? Is everything that's 'near sorority row' on campus?

The 'interstate commerce' explanation is pretty weak.

Anonymous said...

When I was at Ole Miss, a long time ago, you could check your hunting shotguns or rifles in with campus PD and retrieve them when you wanted to go hunting. It was forbidding to keep them in a dorm or frat house.

Anonymous said...

Didn't our legislature pass a law that in effect made possession of a firearm under any circumstances legal until you shot at somebody with it or it was used in a criminal act? Having the weapon and waving it around and stockpiling ,even if you're a potential terrorist is perfectly ok? Indeed, weren't even the feds specifically named as banned from using federal authority to charge or seize?

Anonymous said...

1) It is not illegal to have a gun in your vehicle

2) Neither were convicted felons

This is just the PC liberal crowd trying to do as they please without any repercussions.

Apparently over the weekend the University Police at Southern told a gal that she had to remove her state flag from her truck. Now the yellow bellied Rodney Bennett is denying he instructed police to have her remove it.

The South will rise again!

Anonymous said...

Someone help me out here.
I keep a Glock in my truck at all times. If I also attend an Ole Miss game (or any other college football game) am I also in violation of the law at this point?
Secondly, I may just be stupid or ignorant, but does it seem like if I had a gun made in Mississippi then the law would not pertain?

Know Your Rights said...

It's also a little known fact that no employer can enforce a 'no weapons' policy in the parking lot for employees or others, unless that parking area is gated and either locked or guarded.

Know Your Rights.

Anonymous said...

@7:02. Yes.....you would be in violation since no weapons are allowed on college campuses.

Anonymous said...

I kept a hunting rifle in my room at the fraternity house when i was at OM about 10 years ago. Would imagine most everyone living in the house did.

Jeff said...

Mississippi Code:

97-37-1 (2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.

97-37-17 (6) It shall not be a violation of this section for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational property if:

(a) The person is not a student attending school on any educational property;

(b) The firearm is within a motor vehicle; and

(c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.

Kingfish said...

I think the law itself is unconstitutional. However, several of the justices said in the Lopez decision that if Congress had just mentioned a connection to interstate commerce in the law, then the Gun Free School Zone Act would've been constitutional. Congress did so and the law has stood. I agreed with Thomas's opinion in Lopez but he is in a minority on this issue.

These guys, despite being Klukkers as the feds called them, deserve to have the dismissal reported by the media. The media sure didn't mind putting their names all over the place when they were arrested yet is silent when the charges were dropped. And yes, that includes JJ as we were late to the party. Truth is, you don't see sudden dismissals such as this in federal court and I figured the case would wind its way through the system for a year or so.

Kingfish said...

Some of you are citing state law. This case is in federal court and cited federal law.

Anonymous said...

the right of the people to keep and bear Arms, shall not be infringed

Interstate Commerce does not matter and there is no way any Justice could spin the fact that certain rights were determined inalienable as a basis for the founding of this Republic. The Constitution (whether state or federal) does not grant these rights nor does it enumerate all of our individual rights. But, the U.S. Constitution specifically points out that the right to keep and bear arms shall not be infringed

If Justices can just ignore certain parts of law, then the next step is the People just ignore the law all-together. Rule of law is the cornerstone of our Constitutional Republic. It's not a democracy where certain inalienable rights can be removed just because a majority vote takes place. Especially because they "feel" a certain way.

Kluckers? Really? said...

Just so I understand:

Jackson Jambalaya refers to these men as Kluckers because:

a) The feds made the same reference and the feds can't say anything that isn't true.

b) The two oppose changing the State Flag.

c) They were in a pickup and own long guns.

d) No particular reason at all.

Anonymous said...

I notice there isn't a limit on what white people can be called on here. Since we are supposed to be fair why has every post with anything other than black describing blacks never sees the light of day?

Anonymous said...

Love it, LOVE it, when KF plays y'all for fools.

Anonymous said...

Lemme git this scrait: so a Non-Student can have a gun on the Ole Miss campus, provided it is in a vehicle?

Jeff said...

Maybe the answer is because the feds didn't have a case.

Anonymous said...

It's simple....Kingfish plays the part of Jerry Mitchell and gets his panties all wadded up when he senses that a white person might be speaking truthfully about a black person. It gets readership and translates to numbers that these nerdy bloggers keep up with. It also endears him (or so he imagines) to a certain element in the black community.

You can call a Christian or a white person anything you want to but must refer to black folk only as black or AA. Them's the rules.

Anonymous said...

4:59, just wait a while. The blacks will decide they want to be called another name and people who do not keep up with the latest change are racists.
Sort of strange that they all run to the NAACP for help but white people are not even allowed to say the name of the group.

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