Video: Citizen is detained for open carry.

[Maverick7340]

The more I learn about OC the more I think I'll just wait until the dust settles and it becomes a non issue before I start doing it in public myself. I just carry a gun for self defense. Not to make a statement or to shout out loud my rights. I know I can do that quietly too. A tshirt, no matter which side of the gun I put it on, won't make me any more or less safe .

 

[Michael Brown]

The more I learn about OC the more I think I'll just wait until the dust settles and it becomes a non issue before I start doing it in public myself. I just carry a gun for self defense. Not to make a statement or to shout out loud my rights. I know I can do that quietly too. A tshirt, no matter which side of the gun I put it on, won't make me any more or less safe .

While I don't plan to open carry myself, if you want to I really don't think it's going to be a big deal.

Act sensibly and hope others, including the police, will do the same.

Chances are some of both won't but the possibility that some people might be stupid shouldn't keep you from doing something IF you want to.

YMMV.

Michael Brown

 

[oklacowboy]

While I don't plan to open carry myself, if you want to I really don't think it's going to be a big deal.

Act sensibly and hope others, including the police, will do the same.

Chances are some of both won't but the possibility that some people might be stupid shouldn't keep you from doing something IF you want to.

YMMV.

Michael Brown

Damn good advice.

 

[henschman]

The issue is that the police officer has to tell you what crime he suspects you of committing if he wishes to detain you and seize your firearm. Until you know what crime you are under suspicion for, it is not constitutional for a police officer to detain you or even require you to identify yourself (Reference Brown vs Texas). Like the guy in the video says, the encounter has to be mutual and he is free to go until he is "detained"

Actually, none of the Supreme Court's 4th Amendment jurisprudence requires a cop to tell you ANYTHING about why he is performing a search or seizure... hell, even if he has has a warrant, there is nothing REQUIRING him to show it to you... like Michael said, Probable Cause, Reasonable Suspicion, and Warrants are all about justifying the action after the fact to a judge; not justifying the action to you at the scene. However, I imagine most cops would give you some sort of justification if you ask them, even if it is something vague (the one in this video said something about "a public safety issue"). The bottom line is that if they demand to search you or that you surrender your gun to them, you should do like the guy in the video did, and tell them in no uncertain terms that you do NOT consent to the search or seizure, but you should still comply with their demands. You do not give up any of your rights by complying with a demand. Then, like I said, you can worry about what to do about the rights violation afterwards.

 

[Boehlertaught]

Jackwad, asshat, Francis...they are all just words and they don't get to the point of what should be our focused intents. The more prickish we all look to those folks that would call the LEO on a gun carrying person the harder it will be for us to win the hearts and minds of the 2A nay sayers. But, giving credit where credit is due, this guys got balls for sure. And there is a big part of me that is proud of what he did. But I think our grandstanding of his success should not be too loud as I am completely terrified of what the soccer moms of the world are capable of when they think your holstered gun is a threat to them and thier children.
It is surprising to me he did not get handcuffed and somewhat surprising he did not get to ride in the cute black and white car.

 

[Michael Brown]

Actually, none of the Supreme Court's 4th Amendment jurisprudence requires a cop to tell you ANYTHING about why he is performing a search or seizure... hell, even if he has has a warrant, there is nothing REQUIRING him to show it to you... like Michael said, Probable Cause, Reasonable Suspicion, and Warrants are all about justifying the action after the fact to a judge; not justifying the action to you at the scene. However, I imagine most cops would give you some sort of justification if you ask them, even if it is something vague (the one in this video said something about "a public safety issue"). The bottom line is that if they demand to search you or that you surrender your gun to them, you should do like the guy in the video did, and tell them in no uncertain terms that you do NOT consent to the search or seizure, but you should still comply with their demands. You do not give up any of your rights by complying with a demand. Then, like I said, you can worry about what to do about the rights violation afterwards.

This is extremely good advice.

Michael Brown

 

[FamousAJ]

"you can get your point across without being an asshat.

I will use this statement at least twice today because I love it and it applies to many people across many platforms. ty sir!