How to handle police when stopped for open carry

[1fastmerc]

Originally Posted by Top Dawg

Dude u need to get your head out of the sand. The dude was expressing his right. He was carrying a gun, not like he was waving it around threatening people. Let one of your family members get I hurt with a gun from a guy carrying a gun and I bet you'll arm yourself. Remember it's notthe gun that kills. And for a government puppet to invade those rights is just WRONG. Doesn't matter how nice that cop was. He had no business at all harassing the guy with the gun. Do you want someone interigate you every time you went hunting just because you have a gun? People need to stand up against government and he did a good job.

Lol. I don't think I'm the one with the head in da sand. Have a nice day.


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[eman]

If the guy had the gun in a holster the LEO had NO reason to stop him. If he had it in his hand then that is considered brandishing a weapon and yes legally you can be stopped and questioned for that. I have been stopped walking down the road w/ a shotgun when i came out on the wrong trail and had to walk down a public road to my truck.
Some astrisk saw me and called the sherriff . deputy was cool about it and all he asked was it unloaded and then gave me a ride to my truck. dude in the video was standing up for his rights as an AMERICAN citizen . He did not have to raise his voice. He should have told the LEO that i will not show you any ID and i will not answer any questions or speak to you until a supervisor arrives on the scene.

[Likeuhboss]

Am I the only one shocked that Portland, as liberal as they are, allows open carry.

[fishinpox]

The guy deff had a chip on his shoulder, I'm all for my rights to bear arms ect but it seems this dudes sole purpose was to tape the cops reaction while he ranted off court cases. He sounds like a trouble maker . The cop was very polite. I recently saw a guy in the neighborhood I'm building houses in , scrapping metal from dumpsters wearing a shoulder holster with a hand gun in it, I called the cops and I'd expect someone to do the same if I was doing that. It really burns my arse that this guy most likely dud this "stunt" just to video tape it..... Why stir the pot? He prolly got his arse kick in HS . I realize a large # of cops overstep their rights but what would u do if you were in Their shoes??? Dealing with crazies all day and just wanting to make it home in 1 piece to see your kids w/o some worm trying to get you on every legal case know to man

[flounder_smacker]

So you who are saying this guy is wrong for open carry would you just rather him conceal it? Out of sight out of mind? That's what most criminals will do not carry it in the open. If I see a guy walking down the street with a pistol in his holster it actually makes me feel safe not scared and then call the police. The pussifacation of America right there.

[Top Dawg]

Originally Posted by flounder_smacker

So you who are saying this guy is wrong for open carry would you just rather him conceal it? Out of sight out of mind? That's what most criminals will do not carry it in the open. If I see a guy walking down the street with a pistol in his holster it actually makes me feel safe not scared and then call the police. The pussifacation of America right there.

Amen.

[cmcnabb]

Originally Posted by fishinpox

The guy deff had a chip on his shoulder, I'm all for my rights to bear arms ect but it seems this dudes sole purpose was to tape the cops reaction while he ranted off court cases. He sounds like a trouble maker . The cop was very polite. I recently saw a guy in the neighborhood I'm building houses in , scrapping metal from dumpsters wearing a shoulder holster with a hand gun in it, I called the cops and I'd expect someone to do the same if I was doing that. It really burns my arse that this guy most likely dud this "stunt" just to video tape it..... Why stir the pot? He prolly got his arse kick in HS . I realize a large # of cops overstep their rights but what would u do if you were in Their shoes??? Dealing with crazies all day and just wanting to make it home in 1 piece to see your kids w/o some worm trying to get you on every legal case know to man

I agree 100% with you. The guy had an excellent point but just went about it completely the wrong way. Like you said, seemed like a guy who got smacked around a lot before. I'm all for open carry, but don't go looking to get a reaction like he did. Just my opinion, but it seemed he was open carrying just to get a reaction. Not very responsible IMO

[eman]

Originally Posted by cmcnabb

I agree 100% with you. The guy had an excellent point but just went about it completely the wrong way. Like you said, seemed like a guy who got smacked around a lot before. I'm all for open carry, but don't go looking to get a reaction like he did. Just my opinion, but it seemed he was open carrying just to get a reaction. Not very responsible IMO

there is a whole website out there trying to get people to have these confrentations w/ LEO.

[1fastmerc]

Originally Posted by fishinpox

The guy deff had a chip on his shoulder, I'm all for my rights to bear arms ect but it seems this dudes sole purpose was to tape the cops reaction while he ranted off court cases. He sounds like a trouble maker . The cop was very polite. I recently saw a guy in the neighborhood I'm building houses in , scrapping metal from dumpsters wearing a shoulder holster with a hand gun in it, I called the cops and I'd expect someone to do the same if I was doing that. It really burns my arse that this guy most likely dud this "stunt" just to video tape it..... Why stir the pot? He prolly got his arse kick in HS . I realize a large # of cops overstep their rights but what would u do if you were in Their shoes??? Dealing with crazies all day and just wanting to make it home in 1 piece to see your kids w/o some worm trying to get you on every legal case know to man

Well said and agreed.


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[fishinpox]

Originally Posted by flounder_smacker

So you who are saying this guy is wrong for open carry would you just rather him conceal it? Out of sight out of mind? That's what most criminals will do not carry it in the open. If I see a guy walking down the street with a pistol in his holster it actually makes me feel safe not scared and then call the police. The pussifacation of America right there.

no i rather him not try to stir the pot and basicly heckle a police office who's job is to protect the general public. that cop didnt know if that dude was a felon, a drunk, high, . i wouldnt have a conversation with a stranger on the street that had gun on his hip if you wanna call that pussifacation then go ahead big man , i call it being smart. whats the point of open carry?? to show you have a gun so nobody messes with you??? that is pussifacation!!! i carry a handgun and would never consider pulling it out in open over a fist fight or to scare someone . actually ive taken an arse whooping when i had a pistol on me and never pulled it to stop the fight ...why because i didnt feel my life was endangered. that guy in the video is a little twerp, wants to complain and make youtube videos like hes some sort of revolutionary lol what a chump .

[Top Dawg]

It could have all been avoided if the cop wouldn't have stopped him for no reason.

[1fastmerc]

Originally Posted by fishinpox

no i rather him not try to stir the pot and basicly heckle a police office who's job is to protect the general public. that cop didnt know if that dude was a felon, a drunk, high, . i wouldnt have a conversation with a stranger on the street that had gun on his hip if you wanna call that pussifacation then go ahead big man , i call it being smart. whats the point of open carry?? to show you have a gun so nobody messes with you??? that is pussifacation!!! i carry a handgun and would never consider pulling it out in open over a fist fight or to scare someone . actually ive taken an arse whooping when i had a pistol on me and never pulled it to stop the fight ...why because i didnt feel my life was endangered. that guy in the video is a little twerp, wants to complain and make youtube videos like hes some sort of revolutionary lol what a chump .

Yup


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[Tightline11]

I know I will never move to Portland I this is allowed. I do know in Louisiana you have to present ID when ever it is asked for by LEO and when he said no then he would have been arrested for resisting and to be a ***** about it if his shirt would have fell over the handle of the pistol in Louisiana that is considered concealed carry and you have to present ID for that or go to jail. The cop let a lot of big talk get to him and all who say the guy was cool for knowing his rights that is good he should, but let him sit next to you and your family while out eating somewhere and see how you feel. To be considered open carry in Louisiana there or some strict guide lines and Im glade they or that way.


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[1fastmerc]

Originally Posted by Tightline11

I know I will never move to Portland I this is allowed. I do know in Louisiana you have to present ID when ever it is asked for by LEO and when he said no then he would have been arrested for resisting and to be a ***** about it if his shirt would have fell over the handle of the pistol in Louisiana that is considered concealed carry and you have to present ID for that or go to jail. The cop let a lot of big talk get to him and all who say the guy was cool for knowing his rights that is good he should, but let him sit next to you and your family while out eating somewhere and see how you feel. To be considered open carry in Louisiana there or some strict guide lines and Im glade they or that way.


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Once again agreed.


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[fishinpox]

Originally Posted by 1fastmerc

Once again agreed.


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X2

[Top Dawg]

A while back they had a guy walking around in market basket with his gun on his side. No need to call the cops. He was just out getting groceries not causing any harm.

[flounder_smacker]

1000 different opinions but fact is where the guy lives its LEGAL to open carry. he exercised his right and knew what he could and couldn't do. less than a 100 years ago almost everyone opened carried. its our right as american citizens to do so. people calling and reporting the guy is going to happen because its unusual to see someone carrying. the cops did their job asked the guy what they needed to and the guy gave them the right answers. guy goes on his way and now the cops know whats going on. its not that big of a deal. so what if the guy is weak, been beat up, teased,nerd,turd. maybe he got jumped by a group of guys and almost got beat to death now he wants to protect himself. should the police be called everytime someone is walking down the street with a beer in their hand "in case" they get in a car drunk and kill someone on the road?

[Hydro]

I am all about our gun rights and protecting them, but I dont care for this "gotcha" crap with hidden video cams and such...

IMO it makes gun owners look like radicals, which adds fuel to the fire for the anti-gun groups...

Hydro

[eman]

Originally Posted by Tightline11

I know I will never move to Portland I this is allowed. I do know in Louisiana you have to present ID when ever it is asked for by LEO and when he said no then he would have been arrested for resisting and to be a ***** about it if his shirt would have fell over the handle of the pistol in Louisiana that is considered concealed carry and you have to present ID for that or go to jail. The cop let a lot of big talk get to him and all who say the guy was cool for knowing his rights that is good he should, but let him sit next to you and your family while out eating somewhere and see how you feel. To be considered open carry in Louisiana there or some strict guide lines and Im glade they or that way.


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LEO Has the right in LA to demand to see ID but there is a difference in demand and required.
ariations in “stop and identify” laws
Four states’ laws (Arizona, Indiana, Nevada, and Ohio) explicitly impose an obligation to provide identifying information.
Fifteen states grant police authority to ask questions, with varying wording, but do not explicitly impose an obligation to respond:
In Montana, police “may request” identifying information;
In 13 states (Alabama, Delaware, Illinois, Kansas, Louisiana, Missouri, Nebraska, New Hampshire, New York, North Dakota, Rhode Island, Utah, Wisconsin), police “may demand” identifying information;
In Colorado, police “may require” identifying information of a person.
Identifying information varies, but typically includes
Name, address, and an explanation of the person’s actions;
In some cases it also includes the person’s intended destination, the person’s date of birth (Indiana and Ohio), or written identification if available (Colorado).
Arizona’s law, apparently written specifically to codify the holding in Hiibel, requires a person’s “true full name”.
Nevada’s law, which requires a person to “identify himself or herself”, apparently requires only that the person state his or her name.
In five states (Arkansas, Florida, Georgia, New Hampshire, and Rhode Island), failure to identify oneself is one factor to be considered in a decision to arrest. In all but Rhode Island, the consideration arises in the context of loitering or prowling.
Six states (Arizona, Florida, Indiana, New Mexico, Ohio, and Vermont) explicitly impose a criminal penalty for noncompliance with the obligation to identify oneself.

As of February 2011, the validity of a law requiring that a person detained provide anything more than stating his or her name has not come before the U.S. Supreme Court
All this seems to hinge on weather you are being detained or not ???

[rustyb]

Had he not told the cop about being stopped illegally and just let the cop have his way with him. The cop would have had him spread eagle on the hood of the car while he ran a background check on him and then found a reason to keep his gun. The guy did the right thing. People better wake up. Stand your ground. Know your rights. Not hatin on cops cuz they are needed. But all too often they overstep there legal authority.