Friday, March 19, 2010

Fairbanks Militia Leader Schaeffer Cox Arrested Again, This Time For Allegedly Failing To Tell A Cop He Had A Concealed Weapon

One has to wonder if the Fairbanks cops have gotten unofficial marching orders to single out militia leader Schaeffer Cox for petty harassment because of the recent dispute he had with his wife, which became a criminal matter. Cox, who's also the leader of the Second Amendment Task Force, was arrested by Fairbanks police on Wednesday March 17th, 2010 on a rather nitnoid charge - failing to notify an officer he was carrying a concealed pistol. The Fairbanks Daily News-Miner has the full story. No new entry has been posted under Cox' name in the Alaska Court System database yet.

Cox was contacted by officers while monitoring the scene of a police search at an Eighth Avenue house at about 8 P.M. Cox is also part of a “Liberty Bell” network that sends out mass notifications when someone believes their rights are being violated. The owner of the home had contacted him to complain that police were making an unauthorized search of her property. Cox was the first person to arrive at the home after the owner complained that police were searching her home without permission.

Cox said there are about 7,000 people in the area who are part of the Liberty Bell network, which was formed to monitor possible constitutional abuses by authorities. Cox said that police interest in conducting a warrant-less search at the home diminished after a few people arrived to make sure the residence was being searched properly. Police say they responded to the home after receiving a 911 hang-up call at 7 P.M. Yamamoto said a walk-through of a home is allowed under such circumstances to make sure that no one has been harmed. [Ed. Note: In Alaska, this is true. When my own phone malfunctioned and triggered a "hang-up call" to APD headquarters, officers responded and walked through to ensure no one is harmed. It's actually a smart law, in case a perp overpowers a citizen trying to make a 911 call, causing the call to be disconnected.]

While Cox was standing outside the home taking notes, police say he failed to tell them he was carrying a concealed .38-caliber pistol. He was arrested on a charge of fifth-degree weapons misconduct, a misdemeanor.

Cox said he questions the constitutionality of the notification requirement but that he complied with it. He said after Sgt. Gary Yamamoto contacted him and seized a small folding knife — its clip was visible in his pants pocket — he raised his arms and said that he was carrying a pistol. He said the notification occurred “within a matter of seconds” of contact between the two men. But Sgt. Yamamoto has a slightly different story. Yamamoto said he had already taken the knife from Cox and noted that Cox was wearing a bulletproof vest. When Cox headed toward the house that had two police officers inside, Yamamoto said he decided to check to see if Cox had a firearm. Cox notified police he was carrying a weapon at the same time the concealed pistol was discovered during a search, Yamamoto said. The two men had talked earlier, he said, and the presence of the weapon never came up.

Update March 20th: Cox posted $500 bail on Wednesday March 18th on the weapons misconduct charge, but Magistrate Alicemary Rasley set as a condition of his release that he is not to possess any firearm while the case is pending. His next hearing is scheduled for May 10th, and Cox’s attorney, Robert John, said that a trial is likely to go forward the following week. Rasley denied an additional request by prosecutor Scott Mattern that Cox not be allowed at any crime scene unless he is a victim or witness.

So it all revolves around a definition of "notification". These charges are bullshit and need to be dropped. Perhaps Schaeffer Cox needs to start carrying a camera phone around and film his encounters with cops for his own protection.

Despite his previous dustup with the criminal justice system, Schaeffer Cox continues his militia organizing undeterred. On March 11th, he attended a gathering of the Second Amendment/Constitutional Task Force in Kenai. During the meeting attended by an estimated 150 people, Cox gave a rousing speech in which he said “I know how all of you feel. I know why you’re here. You feel like there’s something horrible going on and you can’t quite put your finger on what it is, but you know it’s there, you feel helpless to stop it and you feel frustrated because the only thing that you can do is beg a tyrant to be a better kind of tyrant”.


  1. several weeks back the alaska state troopers used the same cell phone 911 reasoning to put me in hand cuffs and seach my home at 2am. The only thing is there was no call made from my home, they were out making wild guesses as to were the call came from. i later found out that it wasnt even a fairbanks phone number, but that didnt keep them illegally searching my home in the middle of the night and handcuffing me without any cause for the better part of an hour. When they finally left the didnt even make an attept at an apoligy. im courious to know what my legal options are

  2. From the Fairbanks News-Miner story, it appears what the troopers did is legal. The law was established in case a criminal breaks into someone's home and stops the homeowner from completing a 911 call. When that happens, a 911 hangup is recorded. Cops then respond in case an actual assault is in progress. It sucks, but it's valid if it is done professionally.

    I don't see why you were actually put in handcuffs, though. When APD came to my house in response to a bogus 911 hangup, they did not put me in handcuffs. They merely walked through my house, and checked to make sure everything was alright. They touched nothing, and were out of the house in about two minutes.

    Since I'm not a lawyer, I can't state with certainty what your legal options are. First, I would call up your local trooper office, ask to speak to a supervisor, and ask the supervisor why you were treated the way you were.

    You should also consider getting hold of your state representative or senator and explaining the situation to them. Enough complaints, and the state legislature might pass a law restricting the practice.

    Good luck.

  3. I'm curious about this Liberty Bell network. Do they have a website that you know of? Google isn't producing any compelling results so far.

  4. Schaeffer Cox

    gives me hope, watch the whole thing

  5. I have assembled some educational videos that will help you understand your rights. I use a piece of affordable plastic that puts me in touch with my lawyer 24/7 for such things. I have a video that shows how I use that also. Officers don't like to be sued any more than you do. This puts the pressure on to follow established law and not let anything go to their head.

    Thomas Jefferson said, "Educate and inform the whole mass of the people... They are the only sure reliance for the preservation of our liberty."

    I would add only one more thing, equip. Educate, inform, and equip the whole mass of the people...

  6. how can the cops come to your house and say it was a 911 call, when i dont even have a phone