A Heavily Armed Man Caused Panic at a Supermarket. But Did He Break the Law?

[Nevilledog]

https://www.nytimes.com/2023/01/02/us/atlanta-gun-laws.html

No paywall
https://archive.ph/1VLY1

ATLANTA — Two days after a gunman killed 10 people at a Colorado grocery store, leaving many Americans on high alert, Rico Marley was arrested as he emerged from the bathroom at a Publix supermarket in Atlanta. He was wearing body armor and carrying six loaded weapons — four handguns in his jacket pockets, and in a guitar bag, a semiautomatic rifle and a 12-gauge shotgun.

Moments earlier, an Instacart delivery driver had alerted a store employee after seeing Mr. Marley in the bathroom, along with the AR-15-style rifle, which was propped against a wall. A grand jury indictment later described what had come next: “panic, terror and the evacuation of the Publix.”

Mr. Marley, then 22, was arrested without incident that day in March 2021. His lawyer, Charles Brant, noted that he had not made any threats or fired any shots, and had legally purchased his guns. Mr. Marley did not violate Georgia law, Mr. Brant said; he was “just being a person, doing what he had the right to do.”

Indeed, Mr. Marley’s arrest kicked off a long and as yet unresolved legal odyssey in which the criminal justice system waffled over what it could charge him with and whether to set him free. Clearly, visiting the grocery store with a trove of guns had frightened people. But was it illegal?

*snip*

[old as dirt]

1. Legal or not, it is terrorism. (nt)

[FalloutShelter]

2. This is the definition of

A terrorist terrorizing citizens because it is his right?!
If there is no law against this… there needs to be one.

[LiberalFighter]

3. There are probably laws he can be charged.

[harumph]

4. Shouting fire in a crowded theatre.

[SunSeeker]

5. Propping an AR-15 against a wall in a public bathroom is reckless.

Bringing an arsenal into a grocery store amounts to intentional infliction of emotional distress and a terrorist threat.

[Trueblue1968]

51. this guy is HOMELESS but he has body armour and 6-8 guns ???? bull ...... LOCK HIM UP

[Haggard Celine]

6. Some states have loosened their laws for

carrying weapons in public so much that they've made that sort of thing perfectly legal, even without a permit. Only cops should be carrying guns in public. I remember when you could be arrested for carrying a switchblade or nunchucks or just about any kind of weapon. Now we've got people toting guns. It's outrageous.

[Straw Man]

49. The laws are an illogical patchwork.

I remember when you could be arrested for carrying a switchblade or nunchucks or just about any kind of weapon. Now we've got people toting guns. It's outrageous.

I live in New York State. I have a concealed carry permit. I can legally carry a handgun, but I could be arrested for carrying a switchblade or nunchucks, which are flat-out illegal statewide. It's almost as if the law is promoting the more lethal option. Isn't that outrageous?

[maxsolomon]

7. It isn't legal if open carry is legal.

There's little doubt that most rational non-Gundamentalists would see that behavior as threatening.

But that's the Nation the Gun Lobby has created. We just have to live in it and hope for the best.

[albacore]

8. One of the prime duties of government is to protect the people.

Why the fuck should ordinary citizens have to bet their lives that this armed asshole is just exercising his rights... rather than preparing for a mass killing?
What happens if I feel threatened by this asshole and walk up behind him and brain him with a pipe? "Man with a gun!" I would have - perhaps - saved many lives.
This is fucked up!!

[raccoon]

54. Great post.

[IcyPeas]

9. and what if the Instacart delivery driver was armed and shot Marley after seeing him???

Moments earlier, an Instacart delivery driver had alerted a store employee after seeing Mr. Marley in the bathroom, along with the AR-15-style rifle, which was propped against a wall.

[James48]

10. In Michigan we have open carry almost everywhere.

I’m hoping the new Dem legislature can tighten that up. I would like to see “ do not carry” signs in stores, but right now they have no legal effect. We need to change that.

If a store policy is not to allow those carrying firearms in, that should be enough.

[Kaleva]

32. Where is that? I live in the UP and have yet to see open carry.

Except for hunters and police officers

[James48]

33. Down state.

Everywhere.

From Oakland County to Lansing to Grand Rapids. I see open carriers in bug stores like Meijer, Target, Walmart. Public places. Lots of people carrying.

[Kaleva]

34. I have brothers living in the Grand Rapids area and they've never mentioned it

Of course that doesn't mean they haven't seen that. I'll text them and ask.

[DetroitLegalBeagle]

36. I've seen it sporadically in Oakland and Macomb county

Only seen a few with long guns. Every one else had handguns. One with an AR15 was talking to a couple cops. They wound up leaving and letting him go about his business.

[raccoon]

55. Was he white? Or is that a rhetorical question?

[Pathwalker]

44. I've only lived in mid Michigan for 54 years, mostly Lansing, and i have

NEVER seen anyone open carry in ANY store. I'e witnessed 2 incidents of men brandishing guns: by the time the police found the one guy who'd been walking down the street with his rifle slung over his shoulder, he had shot and killed his ex-wife and left his 9 yr. old daughter in a wheelchair for the rest of her life. When husband appeared at court, he decided to make a deal.

The second rime was 2 very, VERY drunk men decided the the plowed cornfield across the street was deep enough country to go deer hunting one afternoon. They grabbed their shotguns out from the back seat of their car and began dragging them across the field BY THE BUTT of the weapons. As they staggered across the field, the police were notified. They ended up spending a night in jail.

I've been in every Meijer and Kroger in the Lansing area and I have NEVER seen an armed person - thankfully!

[Act_of_Reparation]

59. I've seen a few on the River Trail

Runners, bicyclists, etc.

[Hekate]

11. There is a streak of insanity that runs thru American culture, & legalizing terrorism like this...

…is surely an exemplar.

[bluestarone]

16. Exactly!

America today is getting more and more like the old west! States are passing laws that allow everything THIS GUY did, then try to arrest him? Don't get me wrong here. I'm completely against this type of gun bullshit, BUT laws PROTECT these ASSHOLES in America today!! He probably WILL KILL lots of people someday, with the states blessings.

[Hekate]

19. The Old West wasn't even like the Old West. Seriously.

[Solomon]

22. that's right.

They had internalized rules - like, you were the worst coward ever if you shot someone in the back. Totally unacceptable. Now even cops are shooting people in the back.

[Whiskeytide]

35. I think people in the old west shot others in the back all the time. It ...

… wasn’t nearly as “honorable” as the history books and Hollywood have made it out to be. Lots of gray hats.

[Hekate]

40. They had strict local laws, is what they had. See this

https://www.democraticunderground.com/?com=view_post&forum=1002&pid=17515661

With thanks to Salviati for looking it up:

Gun control was actually stricter in the so called wild west:

https://www.smithsonianmag.com/history/gun-control-old-west-180968013/

Laws regulating ownership and carry of firearms, apart from the U.S. Constitution's Second Amendment, were passed at a local level rather than by Congress. “Gun control laws were adopted pretty quickly in these places,” says Winkler. “Most were adopted by municipal governments exercising self-control and self-determination.” Carrying any kind of weapon, guns or knives, was not allowed other than outside town borders and inside the home. When visitors left their weapons with a law officer upon entering town, they'd receive a token, like a coat check, which they'd exchange for their guns when leaving town.

[cbabe]

12. Publix heiress supported Jan 6 insurrection

https://www.businessinsider.com › publix-heiress-gave-650000-groups-behind-jan-6-rallies-report-2021-12?op=1

Publix Heiress Gave $650,000 to Groups Behind Jan. 6 Rallies: Report

Dec 9, 2021 A 72-year-old Publix heiress 'addicted' to Alex Jones and Infowars is under scrutiny for funding groups behind Jan. 6, report says Grace Panetta Dec 9, 2021, 1:15 PM Trump supporters walk..

…

Getting the laws you paid for.

[HAB911]

20. all businesses have a responsibility to ALL their customers

my bet is Publix is like shingles, Publix doesn't care

[EX500rider]

26. Of course she has nothing to do with Publix

Fancelli is not currently involved with Publix's business operations.

Until 2017, Fancelli owned Alma Food Imports, Inc., a company that sold millions of dollars worth of products to Publix, including $1.7 million in 1996.[1][5] Publix stopped using Alma as a vendor after Fancelli's departure.[5]

From at least the late 1980s, Fancelli owned two Italian restaurants in Florida.[1] She co-owns a private golf club in Lakeland with her relatives

https://en.wikipedia.org/wiki/Julie_Fancelli

[Takket]

13. from a LEGAL standpoint it is hard to imagine he did anything wrong

and while this is clearly a disturbed, paranoid individual, the much larger problem is that we as a society allow this sort of conduct to occur. a culture of weapons and violence has permeated the USA because of the 2A, and we essentially helpless to stop it

[Solomon]

23. Its not really because of 2A. It's because whites are becoming a minority.

[honest.abe]

14. Can a grocery store have their own policies to ban weapons inside the store?

The dude could simply leave his arsenal in his vehicle while shopping. I am sure it would be much easier shopping without dragging all those weapons around the store.

[panader0]

17. Then how would these poor paranoid people be able to shop for groceries?

At the height of the pandemic I saw a guy in a store with no mask and a pistol strapped on.
I said to him "You know that gun can't protect you against the virus right?" That's when Jeannie
grapped my arm and said let's go.

[albacore]

25. Anybody who leaves a firearm in a car is foolish.

[honest.abe]

28. Some cars have trunks.

[Mr.Bill]

31. And a button inside the interior that opens the trunk.

If you have access to the passenger compartment, you have access to the trunk.

[honest.abe]

47. If the guns are hidden in the trunk its less likely a crook would even try to break in.

[DetroitLegalBeagle]

27. yes

And they can post a sign stating it, but unless state law gives that sign legal weight, then its handled by simple trespass. The store would have to ask the person to leave and the person could only be charged with trespass if they refused to comply. Does little for those carrying concealed as there would be no way to know they are armed.

[honest.abe]

29. If concealed then less likely to cause alarm.

[Renew Deal]

15. This is what should happen every time some heavily armed law abiding gun owner shows up.

Because law abiding gun owners are constantly involved in mass shootings. Call the cops when you see someone cosplaying as a terrorist and let them sort it out.

[Prairie_Seagull]

18. Here is another way to look at your question.

If it is legal for one person to wear body armor and carry an arsenal, it would be legal for 2, or 5.

In which case we all should not walk but run to seek shelter or get the hell out of there.

How the fuck should that be legal.

[sinkingfeeling]

21. Maybe he wouldn't have been homeless if he hadn't spent all that money buying

guns and body armor.

[Chainfire]

24. Blame the lawmakers.

They have been giving the gun crowd what they want for years. It sounds like there was nothing illegal about what the man was doing. Outrageous, obnoxious, dangerous, certainly, but not illegal. Trying to "find" reasons to arrest him does not sound like something most Democrats would really want if the thought about it seriously. You have to be careful what you wish for, lest it come back to bite you in the butt.

My neighboring state, Alabama, has just joined the other states in welcoming open carry. I shop in Alabama frequently, but if I start running into in-your-face militia types, I will stay home. My idiot governor, has also promised the same for Florida. It should impress the overseas tourists to see knuckle draggers carrying AR-15s around Orlando.

[KentuckyWoman]

30. All I can think of is how on earth

does a person juggle an arsenal and body armor in the stall? It is all I can do to wrestle a purse and clothing without accidently dropping something down in the flusher.

On a serious note ... that's a great article. Thank you so much for posting the no paywall link.

[DetroitLegalBeagle]

41. It isn't fun

But with practice, you can manage it. Though I was doing it in 120deg heat in a portapotty on a fob in iraq.

[KentuckyWoman]

42. For this alone

you have my respect ... not to mention all the rest ..

[Jedi Guy]

38. A "legal odyssey", indeed.

Constitutional Carry bill SB 319 has been in effect since April of last year, and allows open or concealed carry of handguns and long guns, among other things. We can argue all day about whether that should be the case, but right now it is the case. Simply having the weapons in public, concealed or otherwise, isn't illegal.

The reckless misconduct charges he ended up with, though, hinge largely on the way the AR-15 was being handled in the restroom. The Instacart driver says he left it unattended, though isn't quoted directly in the article saying as much. If Marley says he did no such thing, I don't see how that clears the reasonable doubt threshold with a jury as it's one person's word against his. Given that it's a restroom, the odds of video evidence are nonexistent.

If this goes to a jury, odds are it'll end in acquittal. I'll be very surprised if it ends up in a conviction.

ETA: Reading is hard. This incident took place over a year before SB 319 was signed into law, so it matters not at all and I'm dumb. Don't mind me. If it was illegal before SB 319, he could very well be screwed.

[Mosby]

39. I wonder whether he's hired a civil attorney yet?

Probably should. Why not.?

[BlueWaveNeverEnd]

43. pic of his arsenal. what is the point of carrying all that into a store?

[Paladin]

53. Terrorism, pure and simple.

Anybody who feels the need to bring that many firearms into a non-sporting goods place of business makes the assumption of potential foul play unavoidable. They should never be able to own another firearm again. Ever. And I say that as a gun owner of more than 60 years.

[markbark]

45. I'm still waiting for the time that...

"Open Carry" meets "Stand your ground.

How can you tell the difference between a mass shooter and some open carry nut wandering around your local store?
The answer is you can't.

I'm waiting for the time that someone empties a magazine into one of these fully beweaponed idiots and then tells the local constabulary "I was in fear for my life and thus ended the threat"

The fun would be in seeing the 2nd Amendment worshippers trying to reconcile the two positions.

[Lancero]

46. Is the guy walking down the street with his gun a threat...

Or someone fishing for a response, in hopes of scoring a nice fat settlement check?

Then again, could also just be a 1st/2nd Amendment Auditor looking to make a video to toss up on Youtube. Maybe with a side of settlement check to supplement the ad revenue.

[Timeflyer]

48. What is this dude so afraid of, that he has to be heavily armed

and display his excessive faux manhood in a grocery store? Sad little dingleberry.

[Meowmee]

50. He is just trying to terrorize people

If he left the larger guns unattended in the restroom I believe there could be a charge for that, but I am not sure about that state. It all just shows the insanity of this country.

[shrike3]

52. He's also homeless, according to his lawyer.

Don't know if he was homeless at the time of the arrest. But he could afford all that weaponry.

[honest.abe]

56. Perhaps he could afford an apartment...

If he had not spent so much on weapons.

[shrike3]

57. My thoughts exactly.

[Oneironaut]

58. The intention is to scare people.

In US gun culture, guns are “macho” and make you “threatening.” Therefore, you’re just like a cool action hero, or, John Wayne.

They want to make people afraid of them. He got the reaction he wanted.