We Must End Zero Tolerance Airport Gun Arrests!

Chicago, IL—It happens again and again, a forgetful or preoccupied traveler is found to have a firearm in a carryon bag at Midway or O’Hare Airports.  Zero tolerance kicks in and the hapless traveler is hauled off to jail.  They are forced to miss their flight along with the weddings, funerals and business meetings they planned on attending.

That happened to the late retired Chicago cop and actor Dennis Farina seen in the above photo being handcuffed by police at LAX in 2008.  

Everyday thousands of  travelers are similarly found with lotions, potions, perfume, liquor or various objects that just appear harmful.  Thousands of other forgetful or preoccupied people with the prohibited liquids don’t face arrest, just the confiscation of their sometimes-expensive property. 

The point is that no person with criminal intent would ever knowingly place a bag on a conveyor belt for TSA inspection that contains a gun!  We all know our bags are sniffed, searched and x-rayed! 

Passengers are permitted to transport their firearms unloaded in a hard-sided locking case provided they inform the airline ticketing and checked baggage agents.  There is inspection and tagging the firearm involved.

You’d be surprised to learn that not all airports are the same.  It depends more on local laws, attitudes and their concerns about fundamental fairness. 

If an intended passenger is found with a gun in Phoenix, Denver or Jacksonville chances are they will be told to remove the gun and make proper arrangements for its disposition.  They are allowed to hand over their gun to friends, relatives or place it in their automobile trunks without being arrested or prosecuted. 

The same conduct at most airports brings jail, bail bondsmen, defense lawyers, prosecutors, judges, disgrace and sometimes-horrible publicity.   Even if a passenger were to win in court the over-all financial damage can be staggering to some people. 

Sometimes criminals are forgetful too.  I’m talking about those people that prohibited by law from possessing firearms and those with stolen guns or ones with defaced serial numbers.  When that happens arrests are appropriate and reasonable.

Why would we want to clog our jails and courts with people that are in no way a threat to anyone?  Why would we want to stamp the Mark of Cain (criminal record) on some traveler destroying their current or future business and professional licenses?  Why would we want to criminalize forgetfulness?

This problem of unreasonable arrests can be addressed by either state or federal legislation. 

The federal government currently has the ability to assess a civil penalty of up to $10,000 for violations and that issue also deserves revisiting and review. 

Zero tolerance is more suited for Communist, Nazi or similar Fascist governments, not that of a free nation.  Above all, we have a right to keep and carry firearms that’s spelled out in our Constitution.  

All Americans deserve fairness and the benefit of the doubt when it comes to matters or crime, courts and justice.   Arresting some otherwise law-abiding person simply for pure forgetfulness is nothing short of government tyranny.

Services For Chicago Cop/Actor Dennis Farina in Chicago

Dennis Farina 

Chicago, IL--Dennis Farina was bigger than life as a a cop and actor. He made lots of friends and never forgot his roots in the Windy City.  I know a lot of cops that will want to pay their respects.
The schedule of events are as follows:
Monday, July 29, 2013 – Wake, 4:00 – 9:00 p.m.

Montclair-Lucania Funeral Home

6901 West Belmont Avenue

Chicago, IL 60634

773.622.9300

Tuesday, July 30, 2013 – Service, 10:00 a.m.

Assumption Catholic Church

323 West Illinois Street

Chicago, IL 60654

312.644.0036 (Phone)

312.644.1838 (Fax)

Burial private

  

Former Chicago Police Burglary Detective Turned Actor Dennis Farina, Dead at 69

Scottsdale, AZ—I’m sad to report on the death of 18 year Chicago police veteran and accomplished actor Dennis Farina.  He died suddenly this morning in Scottsdale from a blood clot in his lung.

Farina enjoyed life as a burglary detective at the old Area Six headquarters at Damen and Grace Avenues.  He along with others in his unit handled the follow-up investigations to countless high-dollar burglaries on the Windy City’s North side.  

I first met Farina when I was asked to cover for another cop at an off duty job working security for Goldbaltt’s Department Store located in Chicago’s Uptown neighborhood.  Like most cops we both had a second gig to make a few bucks.

Farina attended St. Michael’s High School on North Sedgwick Street as I did until my mother could not pay the tuition.  I was quickly exiled to public school.

Around 1979 legendary film director Michael Mann was putting together his film Thief, starring James Caan.  Mann somehow hooked up with the late Robbery sergeant, Chuck Adamson and Farina.  

Back then Farina was doing “burning bar” demonstrations for district patrol officers like me at various National Guard armories. Burglars were having a grand time quickly cutting into the best vaults in the larger supermarkets and jewelry stores with the burning bar.  This highly visual form of larceny soon became immortal on the silver screen. 

Thief has a terrific scene where the burning bar is used that set Cann’s character apart from that of some ordinary burglar.  Mann put both Adamson and Farina in that film in acting roles.  Farina’s acting chops were a still work in progress but Adamson proved himself very well.  Adamson went on to be a screenwriter creating the TV series Crime Story that starred Farina and along the way he wrote some episodes of Miami Vice. 

Farina soon took a leave of absence to pursue acting and quickly proved himself as a fine actor.   He landed roles on the small and large screen as well as stage.  He’s probably best known for his role on Law & Order.

My personal favorite was Farina’s somewhat recent portrayal of an ageing small time Chicago hustler in the Second City film production of, “The Last Rites of Joe May.”  I saw it at a special screening at the Screen Actor’s Guild in Los Angeles.

As for Farina’s personal life he was a very private man who kept many of his friendships with fellow cops.  Farina was a big time golf aficionado and settled in a nice home near Cactus and Pima Roads in Scottsdale.  He quietly lived there with his longtime sweetheart, Marianne Cahill.

Farina had three adult children from his former wife Patricia Farina.  They divorced in 1980 as Farina was transitioning to acting from police work.  

At this time Farina’s funeral arrangements are still being made.  Rather than flowers he’s asked that donations be made to the Cook County 100 Club that aids families of cops killed in the line of duty.

I know we can count upon the Chicago Police Emerald Society to play their legendary bagpipes for Dennis along with is police family at his pending services.

About five years ago I became aware that Farina was undergoing lung cancer treatment at the Loyola Medical Center just West of Chicago.  Disclosure of that information would have ended his acting career because insurance companies would avoid covering productions when a key player may not survive. Farina seemed to be making great progress.  He was a long time smoker.  

I will update this with funeral arrangements as soon as I receive them from his long time Los Angeles publicist, Lori De Waal. 

Farina's Credits can be found here:  From The Independent Movie Data Base

Airports, the TSA, Guns, Strict Liability and Insanity

Los Angeles, CA—Notwithstanding the Second Amendment that clearly grants Americans the right to keep and bear arms we’ve allowed despotic politicians to suspend that right. One such result are those “Gun Free Zones”.

Yes, most all of America’s gun laws are unconstitutional. It’s obvious that our judges have allegiance to the tyrannical politicians that appointed them rather than to our Constitution and Bill of Rights.

Most American laws require actual intent on the part of someone in order to be convicted of breaking them. For example we forgive accidents even when a human life is lost.

People legitimately carry merchandise out of stores forgetting to pay the cashier. I’ve done that myself a time or two. Thankfully I discovered the lapse and scrambled back in to pay for whatever I lifted avoiding arrest.

To convict someone of breaking a law the government in most cases must prove that the defendant knowingly and intentionally committed the crime.

The human condition of forgetfulness and pre-occupation is a reality.

Even in the most tyrannical jurisdictions in the United States, must allow law-abiding people to possess firearms. The firearms must be transported from store, to home, to firing ranges or hunting grounds.

Most jurisdictions allow the simply carrying of firearms in pockets, holsters, briefcases and luggage.

People forget they have the weapons especially in briefcases and tote bags. From time to time we all must travel and forgetting we have a firearm in some bag at the airport is understandable.

Like it or not the TSA is in place to make sure no weapons are brought into our airplanes. They invade or privacy and grope or genitals looking for any form of weapons or contraband. We all know if we carry any firearm or weapon, the baggage screeners will discover it.

Nobody in his or her right mind, including a terrorist would intentionally bring gun concealed in a bag and then surrender the bag to the TSA for inspection and X Ray observation.

Guns found by the TSA in surrendered baggage are almost never intentionally or nefariously placed in luggage. They have been occasionally placed in luggage by others playing dirty tricks on travelers.

A long time friend of mine’s son bought a totally legal semi-automatic UZI 9MM. He needed to transport it from a hotel and stuck it in his mother's suitcase. The fun began when he forgot to remove it and his elegant mother took the bag to a Miami airport. She was quickly taken down like a Muslim terrorist by police who were alerted by the TSA.

It took days to sort the mess out and the hapless mom was ready for some expensive therapy for her Post Traumatic Stress Syndrome. In some jurisdictions she would have been convicted for a felony crime and done prison time.

In another case a well-known actor and retired Chicago cop had a .22 pistol in a briefcase. He traveled by car into California with the forgotten little gun. Due to a family emergency he had to fly out of LAX. He was preoccupied with the emergency bringing his briefcase and set it down for the TSA's routine inspection. You guessed it! He became a big news story for the tabloids.

The retired actor was charged with several redundant offenses and jailed. Since it was the weekend and the banks were closed it took him some 12 hours to post the ridiculously excessive bail imposed. The actor’s lawyer was able to negotiate a plea bargain that imposed a fine but would be cleared from his record after a certain time period.

Are we somehow safer for making criminals out of forgetful travelers? What do we gain by eliminating intent and imposing strict liability for possessing firearms under these circumstances?

The most the TSA and authorities should be doing is removing these firearms and allowing the travelers to make other approved arrangements for their transportation.

I guess we must ask Congress to bring a little sanity to the TSA.

The official Crimefile Review of, “THE LAST RITES OF JOE MAY”

Los Angeles, CA—Former Chicago police, Area-6 Burglary dick Dennis Farina took on a great role and has knocked it out of the park. Farina has been a successful actor ever since he consulted with movie director Michael Mann on the film Thief. Farina got a bit part in the film and former Area-6 Robbery sergeant Chuck Adamson wound up a somewhat meatier role as a corrupt Chicago police sergeant (a big stretch-not!)

Adamson went on to be a screenwriter until he passed away a couple of years ago in Oregon where he retired.

Farina never forgot where he came from and still attends copper’s retirement parties and funerals.

I was lucky enough to see a screening of the film and have a chat with Farina after the film. At 68, Farina is still in rare form and seems ready to take on the world.

As for the film associated with Chicago’s Steppenwolf Theater it was a dream vehicle for Farina. The story was penned and directed by Joe Maggio. The film was shot in an incredible 19 days. Needless to say it was all Chicago through and through.

Farina’s character Joe May was an ageing small time hustler who returns from an extended Cook County Hospital stay after surviving a bout with pneumonia. May is a man with few friends and an estranged son. There are of course his acquaintances and a former partner who retired in an assisted living home.

May returns to his low rent apartment of 40 years, only to learn it was rented out to a young single mother, Jenny (Jamie Allman), and her adorable pre-teen daughter, Angelina (Meredith Droeger). May’s property was sent out to the trash by the land lord and he suddenly finds himself homeless and too proud to ask for help.

Jenny is involved in an abusive relationship with a control freak thug who just happens to be a cop and a collision course is set in motion.

May is in the struggle of his life to re-establish some kind of relevancy and to maintain his dignity. May’s search for work is aggravated by his age but he puts one foot in front of the other and moves forward. His search takes him to a sleazy and nasty underworld boss played by Gary Cole. Enough spoiling of the plot here so I will move on.

The real muscle of this film is that is about real people with real problems and emotions that must be faced. There are no special effects, expensive sets with the usual Hollywood eye candy. There is just a great script, wonderful actors that makes seeing this film compelling. It will make you want to be a little nicer to the Joe Mays in your life.

I don’t write reviews on films I don’t like. I love this film, cast and crew. Spend the money and see it in the theater. It’s definitely a date film so bring that special someone.

Dennis Farina Took The Easy Way Out.

Los Angeles-Dennis Farina is the Chicago cop turned actor who was turned into a criminal defendant by an over-zealous and unforgiving LAX Police Department. Farina just paid a fine on par with a minor traffic ticket.

Farina could have easily won this small battle but his airline tickets alone would have exceeded the monetary punishment he accepted had he asked for his day in court.

Today Farina’s lawyer, Blair Berk slipped into court, under the media's radar one day before Farina’s scheduled arraignment and settled the matter for good. Berk pled Farina to a single count for a nominal fine and some unsupervised probation. Berk was able to get the prosecutors to agree to waive Farina’s appearance before the judge.

Okay, I hate this resolution because Farina broke no law and instead simply forgot he had that gun in his briefcase. However, trying the case would have required numerous court appearances, lots more good money and a considerable interruption of Farina’s life.

I salute Blair Berk for her exceptionally fine work done in the best interest of her client. Berk turned a criminal complaint into something parallel to a parking ticket where the fine is mailed to the court. If you ever find yourself in trouble Blair Berk is on the job.

Airport Gun Arrests Are an American Disgrace

Over the last 30 years thousands of forgetful people have brought firearms inside carryon bags to the checkpoints and have been arrested.

Today despite the fact that there is not a single known case where airport guards stopped a hijacking by uncovering a weapon, there is a zero tolerance policy for anyone with a gun in their bag.

Under American laws there must be actual knowledge and intent to carry or bring the gun on the plane in order to gain a criminal conviction. Forgetfulness is a valid defense in court.

If a gun owner wants to travel with a gun there is a simple procedure that allows for the gun be placed in checked baggage. Gun owners all know they don’t have to sneak their guns on to the planes.

Because prosecutors allow these cases to be litigated, a jury must decide if the defendant truly forgot.

After a court acquittal the defendant is in debt for bail bonds, lawyers and time off from work, to get his or her day in court. In other words, the defendant was innocent but still punished.

Should investigation reveal the gun carrier is a felon or the weapon is stolen that’s a different matter that should be prosecuted. Of course that is rarely the case at our airports.

The TSA guards look for and find the weapons and nobody is ever in danger. These bogus prosecutions must end.

Dennis Farina Is Facing Three Bogus Misdemeanor Counts for Simple Forgetfulness

Los Angeles--The Office of the Los Angeles City Attorney filed a three count complaint against retired Chicago police burglary detective turned actor, Dennis Farina.

Los Angeles City Prosecutor, Rocky Delgadillo wants to follow an unreasonable path of zero tolerance for gun possession rather than seeking justice.

It seems prosecutors want to somehow convince a jury that Farina Knowingly and willfully, violated the laws involved. That’s where prosecutors lost their way on this one. If Farina forgot he had that gun in his briefcase the required elements of the offense of, knowingly and willfully are just not present.

My sincere hope is that Farina does not cave in to some plea deal just to avoid the process. Farina should have no problem going to court and simply telling a jury he forgot he had that gun in the briefcase he brought in from Arizona.

Although there is a possible penalty of jail time it’s doubtful that would ever happen in this case even if Farina were to be convicted.

Farina was charged with:
Count One, possession of a weapon in a sterile area of an airport.
Count Two, carrying a concealed weapon on his person.
Count Three, carrying a loaded weapon in a vehicle.

The wild card in this case is the Supreme Court ruling due to be delivered on the Right to Keep and Bear Arms in the case of D.C. vs. Heller. That will happen on any Monday morning before June 23, 2008.

It may turn out that Farina was merely engaging in constitutionally protected activity if he indeed has the rights spelled out within the Second Amendment of our Bill of Rights.

The court discovery process will begin along with pre-trial motions made by the defense. These cases are never settled quickly unless the defendant chooses to simply fall on his sword.


Farina is represented by one of the finest criminal lawyers in all of California, Blair Berk. Ms. Berk keeps a low profile and carries a really big stick. I can’t think of a better lawyer for Farina. Berk is making her first appearance at The LAX Superior Court June 5, 2008 on Farina’s behalf.

Dennis Farina has never before been charged with anything more serious than a minor traffic violation in his entire life. There is no way this career lawman would have ever willfully, knowingly or intentionally brought any prohibited item on an airplane.

The complaint:

2008-06-04 Farina 8AWA01802[1] - Upload a doc

Read this doc on Scribd: 2008-06-04 Farina 8AWA01802[1]

Update: Denis Farina’s arraignment was continued until July 18, 2008. It’s expected that Farina will enter a plea of not guilty and the slow process to a trial may begin.

Of course all manner of issues may affect the progress or direction of this case. None the least of which is the Heller case that’s ready to be unloaded by the Supreme Court. Stay tuned…

Dennis Farina Cleared Of Felony Gun Charge From LAX Incident!

Los Angeles—L.A. County District Attorney Steve Cooley’s office has declined prosecution of retired Chicago police burglary detective, turned actor, Dennis Farina on that felony gun charge.

The case was referred for review to the Los Angeles City Attorney, Rocky Delgadillo for review of any potential misdemeanor prosecution against Farina.

The requirement of intent for such a gun possession charge must be present in any misdemeanor violation prosecution. Perhaps Farina will be cleared altogether very soon. Let’s hope that happens.

Read earlier stories here.

Will Steve Cooley Seek Justice Or Blindly Prosecute?

Retired cop, now film actor Dennis Farina’s reputation and future is in the hands of Los Angeles County District Attorney Steve Cooley.
The former Chicago police burglary detective turned actor forgot he had a small handgun in a briefcase as he routinely began the boarding process for a flight out of LAX. TSA workers discovered the gun to his major embarrassment and put the ZERO TOLERANCE enforcement policy into action.

Zero tolerance for similar acts of forgetfulness does not further the cause of fighting terrorism or a prosecutor’s duty to seek Justice. That’s especially true for these similar violations that overwhelmingly snare off duty or retired cops rather than terrorists.

As of today Cooley’s office has not filed formal charges against the popular career lawman and actor. I take that as a sign that prosecutors understand the allegations that brought the arrest of Farina require that actual intent to violate the law must be present. Bringing a case forward to a trial when it’s so obvious that intent does not exist is horrible public policy.

On or off screen Dennis Farina has always been a genuine crime fighter. Farina’s reputation deserves to remain unsullied.

Caught Bringing Guns Into Airports…

Los Angeles--According to what one LAX Police official told the L.A. Times the vast majority of them are off duty cops and such.

Cops carry guns everyday of their lives and don’t dwell on that fact. They are comfortable in knowing they are supposed to do so. Cops are absent minded too.

An example is when a cop is getting on a plane to attend the funeral of a family member or dear friend. Grief and devastating news can consume any normal person who is allowed by law to carry weapons. Remembering that the gun in a bag you drive around with by automobile every day is suddenly contraband on the airplane escapes many. The same goes for retired cops, security people such as bodyguards and private eyes.

The sad news is that many of our law enforcement officers caught up in the TSA dragnet have their careers and in some cases lives shattered by these monumental and embarrassing events.

For safety of all passengers it’s better that trained, vetted cops and retired cops carry their firearms without questions, beyond their official credentials.

It’s mindboggling when you know that two of the four doomed planes on 9/11 had disarmed cops on board who could have stopped the hijackings but for an insane and stupid FAA policy backed by a dumb federal law.

Personally I believe the Second Amendment does not end at a TSA passenger screening checkpoint and neither does the Fourth Amendment against unreasonable search and seizure.

Accordingly, I don’t think it’s too much to ask our government to leave the cops and all American citizens alone if investigation reveals that there was no intent to do harm.

LAX Cops And TSA Bust Former Burglary Dick Turned Actor Dennis Farina

Los Angeles--It seems that Dennis Farina forgot he had a little .22 pistol in his briefcase as he went through an airport checkpoint at LAX this morning. The TSA weenies saved us from yet another hijacking!

Farina honorably served as a Chicago cop spending most of his career as an Area Six burglary detective until he and and a former robbery sergeant, Chuck Adamson were discovered by legendary film director and Chicago native Michael Mann. Soon Farina took his leave of absence and early retirement to portray a cop in scores of projects on the small and large screen.

Farina has returned for many funerals of fellow officers and never missed a chance to help one of his own.

The TSA called LAX Police who booked Farina at the LAPD Pacific Division on a felony charge. Farina’s gun was allegedly not registered in California. California gives their residents a 60 day grace period in which to register firearms imported from other states. Farina told police he had recently brought the gun in from his home in Scottsdale.

Farina owns and lives in properties in Michigan, Illinois, and Arizona that I know about. Farina spends the least amount of time in Los Angeles and should not be considered a resident subject to local gun registration laws. Federal law lets retired officers carry firearms and another federal law protects non-residents from state and local registration laws where simple possession is involved. Police chose to charge Farina with a felony. Bail was set at $35,000.00, I never knew Farina was such a flight risk or so dangerous to the public.

Normally I avoid harsh language on my blog but this arrest is beyond CHICKENSHIT. What the Hell is going on in America?

The United States Supreme Court will be ruling on whether Americans have a right to keep and bear arms any Monday in D.C. vs Heller before the summer recess.

As I have always said, gun laws only impact the law-abiding. Will Farina get punished for being absent minded? I hope not. For now he is being punished with bad publicity, the Hollywood Perpwalk, court appearances and wasted time and money dealing with lawyers.

Through his publicist, Lori De Waal, Farina said "I apologize to anyone and everyone that I have caused any embarrassment or inconvenience to. It is my own stupidity to find myself in this embarrassing situation. I don't put the blame on anyone else but myself. I want to apologize to my friends, family and business associates who I'll explain to privately later. I'll be spending the next few days kicking my own ass. No one is more embarrassed than myself."

Here’s where Farina and I disagree. Obviously Farina did not intend to bring the gun onto the plane or hurt anyone. The police investigation should have uncovered that and they could have used discretion by releasing rather than booking the actor.

Farina obviously showed real class despite being subjected to an unnecessary trip through the criminal justice system as a defendant.

Farina’s latest movie, “What Happens in Vegas...” just had a premier at the Mann Village in Westwood, Los Angeles. Maybe the LAX Police are “helping” sell tickets?

LASD Sheriff’s Booking Record.

An Update:
Farina was released on bail after 12 hours in custody from the Van Nuys jail. I can just imagine fumbling around for cash on a Sunday when all the banks were closed for a bail bond from a jail cell must have been quite a challenge. Here is KTLA-TV's top story at 10:00 PM