Got detained by stillwater pd today for brandishing

[taymoor]

I was riding my motorcycle with an IWB small of back holster today. A policeman was on my tail in a school zone. I wasn't speeding, but he lit me up anyhow. Once I pulled over, he had me at gunpoint and directed me on the ground. He said he saw a gun on me, I guess the wind blew my shirt up just enough for him to see. I tried telling him I had a permit. Two other units pulled up, I got a knee to the spine, cuffed, searched, and put in the backseat of the car. They took my wallet, gun, kabar TDI, and pocket knife. once they found out I wasn't a murderer or criminal, they were the friendliest people. They ended up keeping my pocket knife because it was an assisted opening knife. I'm still not sure about that one. They are going to forward this police report to the osbi. What do you all think will happen to my permit? He said this is the first time this has happened in stillwater. just my luck. Also, the officer said that he ran my tag, and knew I had a permit before he pulled me over. That being said, was the gun pointed at me a little too much?

I wish open carry would go through. This is just another reason we need that law. If OC were legal, this would have never happened to me.

 

[jtischauser]

That is crap. We need open carry! I wasn't aware that an assisted opening knife was against the law. I thought that was all they made nowadays.

 

[WhiteyMacD]

I understand your pain. I dont really agree with how our state has handled open carry. However,... brandishing is brandishing, wether intentional or not (some states even count printing as brandishing). That said, you should always make sure there is no way your gun can become visible. Not meanin to preach, but thats just how the laws are right now. Sucks, but thats the way it is.

 

[Burk Cornelius]

Also, the officer said that he ran my tag, and knew I had a permit before he pulled me over.

This bothers me a little bit. I did not now that our CCW was tied in any manner to our driver license?

... brandishing is brandishing, whether intentional or not

This I am not sure of. I feel "brandishing" is an action not the result of an event out of your control (wind, etc)

Here are some definitions of brandishing:

bran·dished, bran·dish·ing, bran·dish·es
1. To wave or flourish (a weapon, for example) menacingly.
2. To display ostentatiously.

 

[taymoor]

If you remember the debate in the house over whether or not hb3354 should go through, the advocates were saying that open carry would prevent my situation. The opposers of OC insisted that people don't get in trouble for accidental brandishing. One representative challenged the advocates to cite a case. Well, I'll be the posterboy for open carry this coming session.

Jtischauser: I'm gonna miss that knife, I used it for everything, from eating steak to fixing stuff to cutting cigars. I'd like to know why walmart even sells that type of knife if it is so illegal.

 

[jtischauser]

You should really contact our representatives with your story as you may very well be the instance/case they need to make the open carry law pass next time around.

 

[Burk Cornelius]

You should really contact our representatives with your story as you may very well be the instance/case they need to make the open carry law pass next time around.

EXCEPT, nothing REALLY happened to taymoor so it wouldn't be the best case since he was not arrested or falsely charged.

I know it was a hassle being stopped but you have to expect them to investigate a guy driving down the road with a gun on display. I am just making the other side of the argument

 

[KOPBET]

Another good reason to ditch the SOB, IMHO.

 

[taymoor]

If they already knew that I took the time and spent the money to legally carry my firearm, I think that pointed guns, opening with "get on the damn ground" and putting a knee in my back was a little bit overkill. How do people get the dash camera videos? I'd like to relive this once.

 

[WhiteyMacD]

This bothers me a little bit. I did not now that our CCW was tied in any manner to our driver license?



This I am not sure of. I feel "brandishing" is an action not the result of an event out of your control (wind, etc)

Here are some definitions of brandishing:

bran·dished, bran·dish·ing, bran·dish·es
1. To wave or flourish (a weapon, for example) menacingly.
2. To display ostentatiously.

Yeah misuse of the word on my part due to the fact I dont want to list all the definitions for printing, flashing, accidental flashing. I guess I should have said non-concealed.

I dont think OK law addresses it much, but in other states, it can cost you your CCL.