Guy (OC) carries i TN ak pistol gets detailed 2009

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doctorjj

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Simply put, there was no clearly established law that says an officer must not appproach an individual openly displaying a firearm not in common use for the situation at hand with extreme caution. More simply put, the officer was exercising reasonable caution for a situation never before encountered and not commonly established in law (openly carrying a Draco with an orange painted tip in a park setting). Therefore qualified immunity would be appropriate to assert. It would be up to the court to set case precedent by either granting or disallowing qualified immunity in this case.



I hope that's not directed at me, because outrage and blame would be far too strong to describe how I feel about his actions (or him). Dismissive might be the best way to describe my opinion. As for the officer, I find him foolish for being baited into the situation. I'm not saying you should approach every contact with a gun as "Officer Friendly, but unless someone is in emminent danger a circumspect approach is a good idea. Said officer should be required to issue a written apology and undergo additional training, which should also be pushed down to the entire force. Said officer should not be found guilty of a civil rights violation, based on the aforementioned qualified immunity. As for the agency, they have a duty to train. I wouldn't be firm on whether the agency should or shouldn't be held civilly liable. Since civil liability is a preponderance of evidence, I'd probably find for the plaintiff and award $1 in damages, were I on the jury (which I would never be selected

According to this interpretation, anything not specifically forbidden for officers would be allowed. I think this is an incorrect application of this legal principle. What if the officer encountered someone juggling bats, something they had never before encountered and not commonly established in law. And there is no clearly established law that prohibits the officer from approaching said individual. See where I'm going???
 

Werewolf

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Because of this portion of the Heller ruling, the state legislature would be free to amend the law based on citizen and LE recommendation to prohibit Dracos and other weapons deemed offensive to their sensibilities from open carry

I don't doubt your interpretation of the Heller ruling at all G2G - in fact I think it's spot on.

And that is truly, truly scary. Sensibilities. Ooooooh it's scary. Ban it for the children.

If sensibilites is a reason to prohibit somthing then states could legislate just about anything out of existence.

Porn is protected by the 1st from being banned due to sensibilities but guns aren't protected by the 2nd for the same reason? The diffence is that guns kill, the antis will say. But then so does porn and when's the last time porn was used to defend and save a life. Yet the right to create porn is protected and the right to carry guns is not because it might offend someone who sees it. What the heck is wrong with that picture.

On the other hand a guy walking around in a park minding his own business and maybe seeking some attention or making a statement or even just plain being a jackass is an unredeemable douche and his actions are so downright irresponsible that whether or not he is exercising a right becomes irrelevant because "just because you can do something doesn't mean you should". And - he is excoriated by the very community that should be rallying to his defense.

People! We're all different and what's good for some isn't for others and vice versa. In a free society you deal with both the good and bad that that dichotomy creates or you don't live in a free society.

As others have said and Voltaire is attributed to have penned, "I disaprove of what you say but will defend to the death your right to say it". The same applies to actions. You may not like what the guy did but he had every right to do it and his actions should be defended based on his right to do it.

Either that or just eliminate the right.

Which is where we're probably headed anyway and no one seems to really care as long as it isn't their ox that's being gored.
 

Jim Corrigan

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I have seen very, veeerrryy little on OSA that leads me to believe anyone here wishes we were a free society. I'm not certain on why people hate freedom so much, but I'm pretty sure it scares them. Well, law enforcement having no idea of the law and being able to detain someone with force indefinitely scares me. Which society do we live in?
 

Jim Corrigan

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"People! We're all different and what's good for some isn't for others and vice versa. In a free society you deal with both the good and bad that that dichotomy creates or you don't live in a free society."

Best thing I've ever read on OSA. Hands down. And this situation certainly doesn't fall into the "bad" paradigm of living in a free society.
 

MLRyan

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I have seen very, veeerrryy little on OSA that leads me to believe anyone here wishes we were a free society. I'm not certain on why people hate freedom so much, but I'm pretty sure it scares them. Well, law enforcement having no idea of the law and being able to detain someone with force indefinitely scares me. Which society do we live in?

Hang around for more than 10 minutes and you'll understand this crowd. Everyone here hates freedom, especially when someone uses said freedom to alienate the rights we love so much.
 

Billybob

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On the other hand if the misuse of rights by some in given groups negated the rights of all those in that group we'd have no more politicians or Gov. officials.
 

Jim Corrigan

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On the other hand if the misuse of rights by some in given groups negated the rights of all those in that group we'd have no more politicians or Gov. officials.

Or law enforcement. Or military. Or fast food workers. However, this person wasn't misusing any right, so again, that's pointless. There is no "within reason" clause to our freedoms, although I've heard that term used on numerous occasions. Demolition Man summed it up nicely, "I want to run through the streets naked with green Jell-o all over my body reading Playboy magazine. Why? Because I suddenly might feel the need to, okay, pal?"

Except remove the naked part, because that's illegal. Unless in protest, then it's freedom of speech.
 

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