Phoenix Doctor Vindicated; No Charges for Open Carry

By Dean Weingarten

Dr. Peter Steinmetz
Dr. Peter Steinmetz
Dean Weingarten
Dean Weingarten

Arizona - -(Ammoland.com)- The expected demonization of Dr. Peter Steinmetz has sprung full blown in the old media, in spite of everyone recognizing that the Doctor was engaging in protected strong political speech by carrying his AR-15 into the non-secured part of an airport.   From phoenixnewtimes.com:

It seems Steinmetz, a Tempe resident, was doing nothing wrong up until the moment he pointed the weapon inadvertently at two women in the “B”-gate waiting area. Police tell New Times that, in general, it’s not illegal to carry a semiautomatic rifle into an airport terminal. In this case, the problem was “the way he was carrying it,” says Phoenix police Sergeant Steve Martos.

It seems unlikely that Dr. Steinmetz will be convicted of anything.  The police acknowledge that he did nothing wrong up until he allegedly allowed the muzzle of his rifle to briefly point in the direction of two women in the coffee shop.

 The allegation is that the muzzle of his rifle briefly was pointed at two women at the airport, who later told police they were fearful of the gun. Steinmetz claimed he was just there to get a cup of coffee.

Here is the Arizona law that the police used to arrest the doctor.   The arrest resulted in national publicity and his suspension from his job.  The only applicable part of the code seems to be number 6.  ARS 13-2904:

A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:

6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.

There are two elements to this law that must be met.  First, the person has to have either the intent or knowledge that they are disturbing the peace or quiet of a neighborhood, family, or person.   Then the law lists a number of ways in which it is impermissible to intentionally or knowingly do this.  The last one listed, 6., involves weapons, and is a felony.

The problem for the prosecutor in this case will be to prove intent or knowledge.     The police have already said that the muzzle sweep was accidental and momentary.   They already acknowledge that the doctor was not doing anything illegal up to that point.

So how does a prosecutor show intent and/or knowledge for an accidental and momentary event?     I do not think they can.

What this shows is suppression of protected political speech by police who did not like what was being communicated.   Dr. Steinmetz is a known second amendment activist.   He was at the unsecured part of the airport in a previous event in November, demonstrating against TSA search techniques.

You see the two pictures of Dr. Steinmetz shown above.   I doubt that you have any difficulty determining which one is being shown on national media.  The old media is all in favor of police repression of  political rights that they do not approve of.

Alan Korwin sums up the case:

While reluctant to say too much about the case, given the lack of information or stated motive by Steinmetz, Korwin believes the “bottom line is if you have a right and you can’t exercise it, do you have that right?” 

“He’s putting his life, his fortune and his sacred honor on the line for his beliefs — it sounds like that’s what he’s doing,” Korwin adds.

Long after these images are shown, I suspect that Dr. Steinmetz will be found not guilty.   His arrest will have been just another attempt by the establishment to suppress the first and second amendments.

Update:
The good doctor did not have to wait so very long after all.  He was represented by Marc Victor.   From Alan Korwin just minutes ago, quoting Dr. Steinmetz:
“No charges have been filed and my two hearings have been vacated.”

Now the question will be:  How does Doctor Steinmetz get his good name back?

c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 10 thoughts on “Phoenix Doctor Vindicated; No Charges for Open Carry

    1. “Stupid is as stupid does”…Regardless of the law…He should have known better than carry an AR15 into an airport…He should have been intelligent enough to comprehend the inevitable would surely happen as soon as he showed up carrying a firearm…I would call the police too!

    2. Dr. Steinmetz didn’t do anything wrong. What is wrong is the dumbed down sheeple that do not understand, realize or even care to realize the power and validity of their RIGHTS! Carrying a gun openly in society, no matter what type and style of gun, IS NOT A CRIME! To alledge that a person whom is excercising their RIGHTS is stupid, is in itself stupid. If you wish to suppress your life because YOU don’t have the stones to excercise YOUR RIGHTS, don’t go condemning those that do! As the late John Wayne put it, “Life is tough. It’s even tougher if your stupid”… He was wearing his sidearm in open carry fashion at the time he made that statement.

    3. This oldgringo dude is one of bloomys plants ! What an idiot talking about stupid is as stupid does ? Oh,the irony ! This doctor did not wrong,he did everything right ! He was exercising his constitutional rights,something the liberals know nothing about ! He will walk !

    4. The “over reaction” is INTENTIONAL and used as often as possible.

      Even under the weakest of excuses in order to drive the Patriotic Americans under cover from fear of the ‘law’.

      With 80 million+ known law abiding gun owners in America I’m not sure the resulting buildup of suppressed anger against government bureaucrats and corrupt politicians in such a good idea.

      More and more Americans, gun owners or not, are beginning to view those bureaucrats and politicians as enemies of the Constitution and the United States.

      Said politicians do nothing to disprove or allay the impressions.

    5. Oldgringo has it right. This type of activity will make us losers in the court of public opinion. Just because you can does not mean you should. We will lose the PR war.

    6. So I expect that ‘oldgringo’ just registered as ‘Jim’, since he has been outed as clueless or a Bloomberg stooge. I could be wrong, if so, ‘Jim’ how do you win a war when you are afraid to engage the enemy? Because your fear is very clear.

    7. When putting yourself into a situation that may result in your arrest and detainment, wear your best clothes (for the situation) and always put on your best face for the camera – remembering that in today’s environment, there are cameras everywhere, and the most unflattering pix will always find a way out.

    8. Old gringo and jim are one in the same ! This idiot thinks that its a bad idea in the court of public opinion to exercise your constitutional rights ? We sure as hell dont want to ruffle the feathers of the same son of a bitches that want to take our guns away,do we ? If something is constitutional and obviously legal, do if often,do it now,do it whenever you want ! Old gringo (jim) tell bloomberg we all said hi !

    9. Don’t know if the doc was sloppy with his gun handling, pretty poor picture . However all you need to do is ask a once rookie cop, or one of my EX- Hunting partners how I react finding my self looking down the business end of their weapon.

      Willing to bet that I could lead this Doctor with him armed without a worry, your weapon never ever points at anything you aren’t willing to kill!

      Maybe he got a raw deal… from some useful idiots, or maybe he got sloppy. However I will bet his gun handling is better for having spent a few days in the can. Deserved or not!

      Think you have a bad guy with a long arm step up, step in, sort it out…

    10. Rights not exercised are lost. Try explaining the 9th and 10th Amendments to the Constitution….
      purely “historical” at this point.
      The 2nd Amendment is mostly eroded. It forbids Federal Laws on possessing and bearing firearms.
      The 4th is mostly eroded, warrants if even obtained, are easily and routinely signed by lawyers in black robes.

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