Date: Fri, 10 Aug 2001 11:02:50 -0700
From: rdestep136@EARTHLINK.NET (RDeStep)
Subject: Glendale Judge Gets it wrong...in print
To: AZRKBA@asu.edu


http://www.azcentral.com:80/community/comstories/0808tolby0808Z8.html

Here is the judge's article:

Gun-hiding driver is aiming for trouble

Aug. 8, 2001

The defendant had been charged with misconduct involving weapons.

The state contended that he had had a 9mm pistol concealed in the front
his car and within easy reach.

The police officer testified that he had stopped the driver for an
unsafe lane change. He asked for his license, insurance and registration
and, as the man sorted through some papers, saw a gun under the papers.

The officer drew his weapon and ordered the driver out of the car. The
driver's weapon was loaded. The officer charged him with a violation of
Arizona statute 13-3102.

The defendant testified that the gun was not lying on the seat, it was
between the seats and in a holster. When the officer removed the gun,the holster stayed in the crack in the seat.

The defendant contended that a gun is not concealed when it is in a
holster. He also testified that he told the officer that there was a gun
in the car, under the belief that if you inform someone about a gun, you
are not in violation of the law.

I did not agree with his defense. The law says carrying a concealed
deadly weapon without a permit within the immediate control of any
person inside a means of transportation is a violation. Very plainly,
the law says do not have a weapon within your reach that is concealed
inside a car.

I fined the man $300 and tried to explain to him that regardless of the
law, carrying a gun puts you and your family at risk. He had two
children in the car at the time. If they had gotten hold of the gun, it
could have been a disaster.

Every study I have read says the odds are more likely that a gun will do
you or your family more harm than good.

Be honest with yourself and ask, "Are the odds in my favor that my gun
will solve a problem, or will it create a problem?"

LESSON: If you carry a gun in your car, you had better have a permit and
have it in plain view or have it out of reach.

Tolby is justice of the peace in Glendale Justice Court. Reach him at
5222 W. Glendale Ave., Glendale, AZ 85302, or at  judgetolby@aol.com.



You can reach Judge Tolby at his office (I got voice mail) at
623-939-8556. Please be polite. He appears to be another nice, but
uninformed Judge who needs to us to educate him (he even gives out his
home phone number...so you better be VERY polite).

I told the judge about Lott, Kleck and Kates. I recited Arizona's
Article 2 section 26 "The right of the individual Citizen to bear arms
in defense of himself or the State shall not be impaired...." as well as
Goff from the 1910 Az Consitutional Convention. I have him my name and
my phone number so he could call me back if he wanted.

Rick