Chet Back in the News

Looks like Chet is still doing battle with the city of Norfolk... Good on ya my friend.. However I question exactly what the Federal Judge's line of thinking was in his ruling hi-lited below.

By Tim McGlone
The Virginian-Pilot
© September 13, 2008

NORFOLK

The arrest of a man for openly carrying a gun at a Norfolk festival
did not violate the U.S. Constitution but the police officer who asked
for the man's Social Security number might have violated his civil
rights, a federal judge ruled this week.

Chester "Chet" Szymecki Jr. of Yorktown sued the city after his
arrest in June 2007 on a charge of violating a city ordinance
prohibiting firearms at Harborfest, held annually at Town Point Park.

Szymecki, a gun rights advocate, has challenged handgun bans in the
past. During his arrest, Szymecki claims police pushed him and that
when he complained that the handcuffs were on too tight, an officer
made them tighter.

During his arrest and later, when he was released from custody,
police asked him for his Social Security number. He initially balked,
but gave it to the officers to avoid being detained longer, he says in
his suit.

The charge was later thrown out after city officials learned that it
violated a state law that prohibits localities from regulating firearms.

Szymecki sued in federal court claiming multiple constitutional
violations, including the Second Amendment's right to keep and bear
arms and the Fourth Amendment prohibition against unlawful searches and
seizures.

U.S. District Judge Henry Coke Morgan Jr. ruled Thursday that
Szymecki cannot sue claiming constitutional violations under state or
local law. Morgan ruled earlier this year that the city did not violate
the Second Amendment for the same reason.

"It is well settled law in this circuit that the Second Amendment
does not apply to the states," Morgan wrote in dismissing Szymecki's
constitutional claims. "Because the Second Amendment does not apply to
the states, neither a state law nor a local ordinance can run afoul of
any right guaranteed by the Second Amendment."

However, Morgan ruled that the police demand for Szymecki's Social
Security number - if the allegation is true - would have violated the
federal Privacy Act.

Morgan will allow the case to go to trial on that issue alone. The trial has been set for Dec. 16.

Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com

Here is a good blog about the amendments and rights..

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