War Veteran Arrested for “Rudely Displaying” Rifle

[DFarcher]

I disagree. The LEO in OK doesn't have the right to disarm a valid CCP holder who is currently armed during any kind of stop. So long as there are not any threatening motions or gestures and the weapon has been disclosed all the LEO can do is say, "Well, just don't make any moves towards it," etc. I've been pulled over numerous times by numerous LE agencies and it's the same song and dance. From what I understand of TX law, the LEO cannot just walk up and grab an open or concealed carry without due course or provocation, any more than they can in OK. However, you are supposed to disclose the concealed weapon, but the guy could potentially argue that he didn't get the chance to do it. But, that's just my two cents...

You are 100% wrong, if you are pulled over the officer has probable cause to believe a crime has been commted even if it is only a traffic violation. The law makes no distinction.

 

[Glocktogo]

You are 100% wrong, if you are pulled over the officer has probable cause to believe a crime has been commted even if it is only a traffic violation. The law makes no distinction.

And you have legal precedent you can cite? Besides, this wasn't a traffic stop. It was apparently a MWAG call. What does the new law on open carry in OK tell you about that?

 

[twoguns?]

You are 100% wrong, if you are pulled over the officer has probable cause to believe a crime has been commted even if it is only a traffic violation. The law makes no distinction.

Links, precedents, statue ...please

 

[TwoForFlinching]

I don't know why we're all arguing this at this point in time... There are two sides to this story, we've seen (though we've only heard how this confrontation started) one side of it. Maybe this officer was in the right. Until the dashcam footage is available, we'll have zero clue as to who is in the right.

However it started, it sure did go south quick for both parties. Both being self-righteous douchbags in the process.

 

[SoonerBorn]

You are 100% wrong, if you are pulled over the officer has probable cause to believe a crime has been commted even if it is only a traffic violation. The law makes no distinction.

A douche-a-minute on OSA...

 

[DFarcher]

That is NOT the case here in Oklahoma. I am a Police Officer, taking a firearm away from some that is legally carrying is not allowed in most cases. However if there is a reasonable fear that I am in danger I could request to hold on to the weapon until my contact is over. Unless a crime has been committed, law enforcement cant make you hand it over. Also a typical traffic violation would not be reason to take the gun.

In practice "reasonable fear" is vague just like "probable cause". What it boils down to is LEOs have a lot of discretion in this area. In the incident that started this thread just the fact a guy is walking down a highway with an AR in a tactical sling had to make the officer a little nervous. Might not have been illegal but surely was unusual enough to make any one wonder what the guy was up too. And a "typical traffic violation" IS considered a crime and does meet the conditions for probable cause of a crime being commited. This issue has been all the way to the United States Supreme Court. If your or your agencys policy is not to disarm those who are carrying legally at traffic stops then good for you. But it is perfectly legal for you to do so.

 

[penismightier]

****, at least he didn't ask him where he was going!

 

[DFarcher]

A douche-a-minute on OSA...

Yep....you proved your point.

 

[SoonerBorn]

In practice "reasonable fear" is vague just like "probable cause". What it boils down to is LEOs have a lot of discretion in this area. In the incident that started this thread just the fact a guy is walking down a highway with an AR in a tactical sling had to make the officer a little nervous. Might not have been illegal but surely was unusual enough to make any one wonder what the guy was up too. And a "typical traffic violation" IS considered a crime and does meet the conditions for probable cause of a crime being commited. This issue has been all the way to the United States Supreme Court. If your or your agencys policy is not to disarm those who are carrying legally at traffic stops then good for you. But it is perfectly legal for you to do so.

Enough with your anecdotal horse ****. Either lay out a specific precedent relative to this situation or shut up. Geez.

 

[SoonerBorn]

Yep....you proved your point.

Douché