The handgun at custody exchanges

Illustration: a man seen from behind walking into a restaurant with a holstered handgun on his hip — Illustration, not a photograph, and not of any identifiable person. It depicts only what the April 20, 2009 minutes record the court saying: "carrying a firearm into Wendy's on his hip."

the Court asked "why would he do a provocative thing such as showing his handgun to Mother at the exchanges"; he said he had no permit then "so he didn't have the gun concealed," and "he carried the gun because of where they did the exchanges and also for his own safety around Mother"; the Court: "it's insensitive to display a handgun at Wendy's to Mother who has applied for a protection order"; he "replied that it's his right to carry a handgun and he disagrees with the Court"; the Court: "carrying a firearm into Wendy's on his hip indicates that he doesn't have a mature attitude toward firearms"; he "said the Court doesn't understand"; he had "owned the firearm since right after the TPO expired in approximately late January of this year."
Minutes of the review hearing, No. FV08-03200, Judge Weller, April 20, 2009 (NSC No. 57516, Record on Appeal Vol. 3, p. 4, the minutes as transmitted; the hearing was recorded on CD)

"The Court did not admonish the Petitioner for appearing with a concealed firearm."
His Reply filed December 16, 2009 (NSC No. 73469, Record on Appeal Vol. 4, pp. 133, 136)

"Mr. Falconi has worn body armor and has carried a gun when he has met with [the other parent] to exchange [the child] ... Despite this, Mr. Falconi continues to carry a weapon and wear body armor."
The other parent's counsel, in opposition (NSC No. 57516, Record on Appeal Vol. 2 Part 5, record p. 776). A party filing, not a finding.

Note. The April 2009 minutes record the court's admonition about the handgun in the court's words; his reply eight months later swears the court did not admonish him.

All statements against the record