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View Full Version : Will 2nd amendment protect sword carry rights?



Wounded Ronin
1/03/2015 5:13pm,
http://www.cnn.com/2015/01/02/us/utah-samurai-sword-death-lawsuit/index.html

So, basically, police shoot a man with a samurai sword, and his lawyer argues that sword carrying is protected by the 2nd amendment.

We don't have a way of knowing what the man did or didn't do before he was shot, but in terms of the 2nd amendment protecting sword carrying, why not?

It would be sort of fun if you could walk around with a rapier or smallsword or something without worrying about someone calling you on it.



The family of a sword-carrying man who was killed in September has filed a federal civil rights lawsuit against the city of Saratoga Springs, Utah, and the two officers who shot him.

Darrien Hunt, 22, was shot to death while carrying a 40-inch samurai-type sword.

Prosecutors said that Hunt "lunged" at two officers, Cpl. Matt Schauerhamer and Officer Nicholas Judson and their actions were reasonable. The medical examiner's autopsy report determined Hunt was shot six times, once in the back.

The lawsuit alleges that under the Second Amendment, Hunt had a right to carry the sword and the two officers did not have a right to demand that he surrender.

The suit contends that Hunt was shot while he was fleeing, that police used excessive force and that the officers' actions "manifested malicious, reckless, and callous indifference to the rights and very life of Darrien Hunt."

"They demanded that he give up his sword -- they had no right to do that. He was causing no harm," family attorney Robert Sykes said. "They provoked an incident with this peaceful man."

At a press conference on Friday, Sykes said the family will ask for more than $2 million in damages.

Police and prosecutors say that their actions were justified. And they have rejected claims of racial profiling.

The officers responded to a report of a "suspicious individual walking around a local business with a 'samurai-type' sword," Chief Deputy Tim Taylor of the prosecutor's office said in a statement.

Hunt was speaking with the police officers and was calm and nonconfrontational, according to Utah County Attorney Jeff Buhman.

He then "abruptly and without any apparent provocation withdrew the sword from its sheath and immediately swung or stabbed it toward least one of the officers," Buhman said.

In November, Buhman called the use of deadly force "reasonable" and said that no criminal prosecution would be brought against the officers.

"Preliminary evidence suggests that Mr. Hunt brandished the sword and lunged toward the officers with the sword, at which time Mr. Hunt was shot," Taylor said.

CNN reached out to an attorney for the city, but did not receive an immediate response Friday.

Hunt's mother, Susan, told CNN affiliate KSL her son was killed because he was black.

"No white boy with a little sword would they shoot while he's running away," she said.

CNN's Holly Yan, Jethro Mullen and Amanda Watts contributed to this report.

Ice Hole
1/03/2015 5:35pm,
The 2nd amendment gives you the right to bear arms...but not anywhere you please.

Laws prevent all sorts of weapons from being carried around public, or even in your vehicle, from guns to swords to clubs to knives.

When confronted by police about carrying a weapon around in public, and asked to hand over the weapon, the proper thing to is to hand over the weapon.

According to the police report this guy actually responded by attacking both officers with the sword, and I'd have shot him dead too. Apparently his mother thinks the cops were just being racists, too.

But yeah, when confronted about your gun/sword/knuckles the proper response is not to attack the police with it. No, the Bill of Rights is not a defense.

Bneterasedmynam
1/04/2015 4:50am,
The second amendment really isn't specific in what arms you can carry, however carring a sword will look crazy no matter what. Now if someone has a conceled card it might technically cover a sword, but any cop is still going to think a person is nuts for carrying one.

Devil
1/04/2015 11:28am,
Now if someone has a conceled card it might technically cover a sword.

No. Not in my state, anyway and I would imagine it doesn't in any other states either..

ermghoti
1/04/2015 12:58pm,
No. Not in my state, anyway and I would imagine it doesn't in any other states either..

CCW law language specifically describes what is permitted to be carried concealed, and in every case I am aware of, it describes handguns exclusively.

ChenPengFi
1/04/2015 2:13pm,
It wasn't concealed either.

The Villain
3/17/2015 7:40pm,
It should. Mass has terrible weapons laws.

Ice Hole
3/17/2015 7:44pm,
It should. Mass has terrible weapons laws.

NO weapon law should protect you from cops trying to enforce the law.

FaerieGodfather
3/18/2015 9:19am,
It should, but our government violates the 2nd Amendment for swords and knives as readily as it does for guns.

Of course, the right to keep and bear arms does not include the right to assault police officers with them.

BKR
3/18/2015 11:28am,
State codes vary as to what sort of weapons can be possessed, owned, or carried, when and where.

TheMightyMcClaw
5/28/2016 10:38am,
Security footage of Darrien Hunt fleeing from the police:
http://www.vox.com/xpress/2014/11/26/7295139/darrien-hunt-utah-shooting

Devil
5/29/2016 7:11am,
Security footage of Darrien Hunt fleeing from the police:
http://www.vox.com/xpress/2014/11/26/7295139/darrien-hunt-utah-shooting

I'm not sure what the point of that post is. The video doesn't show his actions at the moment of the shooting and that's a typical bleeding heart bullshit article.