Armory, Self Defense, And EDC > Firearms Legislation And News

Testing 2nd Amendment rights by open-carrying rifle into Walmart

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Mr. Bill:
AP, 8/9/19: Armed man at Walmart says he was testing right to bear arms


--- Quote ---Prosecutors on Friday filed a terrorist threat charge against a 20-year-old man who said he walked into a Missouri store wearing body armor and carrying a loaded rifle and handgun to test whether Walmart would honor his constitutional right to bear arms.

The incident, just days after 22 people were killed during an attack at another Walmart in El Paso, Texas, caused a panic at the Springfield, Missouri, store. Dmitriy Andreychenko walked through filming himself with his cell phone Thursday afternoon.

No shots were fired and Andreychenko was arrested after he was stopped by an armed off-duty firefighter at the store. ...
--- End quote ---

He was charged with making a 2nd degree terrorist threat.  Here's the relevant Missouri law:


--- Quote ---Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
  Chapter 574

  574.120.  Making a terrorist threat, second degree — penalty. — 1.  A person commits the offense of making a terrorist threat in the second degree if he or she recklessly disregards the risk of causing the evacuation, quarantine or closure of any portion of a building, inhabitable structure, place of assembly or facility of transportation and knowingly:

  (1)  Communicates an express or implied threat to cause an incident or condition involving danger to life; or

  (2)  Communicates a false report of an incident or condition involving danger to life; or

  (3)  Causes a false belief or fear that an incident has occurred or that a condition exists involving danger to life.

  2.  The offense of making a terrorist threat in the second degree is a class E felony.

  3.  No offense is committed under this section by a person acting in good faith with the purpose to prevent harm.
--- End quote ---

Here's a PDF of the felony complaint.  The entertaining reading is on pages 3-4.

FreeLancer:
It's like testing 1A by yelling fire in a crowded theater.

Mr. Bill:

--- Quote from: FreeLancer on August 10, 2019, 02:52:26 PM ---It's like testing 1A by yelling fire in a crowded theater.

--- End quote ---

That's what the prosecutor is saying, but I'm not sure how it'll work out in court.  What Andreychenko did was incredibly stupid and inconsiderate, but I predict it'll be tough to convict him on the 2nd degree terrorist threat charge.  3rd degree would be easier to prosecute.  The difference is whether his actions constituted "reckless disregard" (i.e. he knew what might happen and didn't care) vs "criminal negligence" (i.e. he failed to foresee the consequences that a reasonable person would have foreseen).

Underlying this is the fact that it's legal to openly carry a rifle in Missouri.  Does it become illegal just because bystanders get scared?  (I'm talking about law, not about how we want things to be.)  I don't know about court precedents in Missouri, but this question has gone to court in other states, and the rulings have been along the lines of: if you've got a right to openly carry as long as you don't do it in a threatening manner, the mere fact that someone got scared is not enough to make it illegal, because that would mean the right effectively does not exist.

I think they're extra-mad at Andreychenko because two people did get seriously injured: a police officer who was driving at high speed to the scene, and the driver of another vehicle that the officer collided with.

Stwood:
Yea.......70 miles from us.

Stupid.......yes.

They've had to dig for things to charge him with.
Needs his ass kicked, head examined....etc....etc.......

Redman:
Based on Mr. Bill's post the prosecutors are reaching. Open carry of a long gun is legal in TX also. I high school I carried a couple shotguns in the gun rack of my truck many days, to school. Nobody said anything. Left them there all day, windows down, doors unlocked, nobody bothered them.

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