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<blockquote data-quote="hrdware" data-source="post: 2223141" data-attributes="member: 24475"><p>There have been some rulings in different circuit courts that have said simply carrying a firearm does not by itself give reasonable suspicion of a crime. Therefore an officer would have to have some other reason for stopping a person who is openly carrying. The supreme court has also ruled that you can not stop someone who is driving a car just to see if they have a drivers license. To extend that decision, it would seem that you can not stop someone who is engaged in a lawful activity to see if they have a permit for that lawful activity.</p><p></p><p>Even with the way the state law is written, most agencies (from what I understand) have told officers not to harass open carriers and ask for permits because they know there will most likely be a lawsuit that follows. That's not to say there have not been license checks done, just like the one that happened to the OP. I have heard of a few and the were all about the same, ask for license, cursory look to make sure it's valid, have a nice day. At least once a week, the gas station I stop at for my morning beverage has one if not two or three officers in it and never once have they asked to see my permit. Agencies also don't want to waste their time checking permits because they know that bad guys don't open carry. Now if they get a MWAG call, they will respond and most likely ask for a permit even though they don't have to.</p></blockquote><p></p>
[QUOTE="hrdware, post: 2223141, member: 24475"] There have been some rulings in different circuit courts that have said simply carrying a firearm does not by itself give reasonable suspicion of a crime. Therefore an officer would have to have some other reason for stopping a person who is openly carrying. The supreme court has also ruled that you can not stop someone who is driving a car just to see if they have a drivers license. To extend that decision, it would seem that you can not stop someone who is engaged in a lawful activity to see if they have a permit for that lawful activity. Even with the way the state law is written, most agencies (from what I understand) have told officers not to harass open carriers and ask for permits because they know there will most likely be a lawsuit that follows. That's not to say there have not been license checks done, just like the one that happened to the OP. I have heard of a few and the were all about the same, ask for license, cursory look to make sure it's valid, have a nice day. At least once a week, the gas station I stop at for my morning beverage has one if not two or three officers in it and never once have they asked to see my permit. Agencies also don't want to waste their time checking permits because they know that bad guys don't open carry. Now if they get a MWAG call, they will respond and most likely ask for a permit even though they don't have to. [/QUOTE]
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