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-   -   How to handle police when stopped for open carry (http://www.saltycajun.com/forum/showthread.php?t=32917)

Likeuhboss 06-23-2012 03:05 AM

How to handle police when stopped for open carry
 
This is great stuff :flagUS::flagUS::flagUS:

http://www.break.com/index/detained-...-carry-2338359

Handled LIKE UH BOSS

spotchasin 06-23-2012 07:20 AM

Thats fantastic!

"H" 06-23-2012 07:58 AM

Cost the Gonzales Police dept $$$$ to learn their lesson on this subject.
If only all citizens had a knowledge of their rights like the dude in the video.
Thanks for posting.

Bluechip 06-23-2012 08:06 AM

That's stupid.....just give the officer what he is asking for and move on. No big deal.

It's encounters like this that will make our ignorant politicians pass more laws for gun control.

Likeuhboss 06-23-2012 08:16 AM

Quote:

Originally Posted by Bluechip (Post 451369)
That's stupid.....just give the officer what he is asking for and move on. No big deal.

It's encounters like this that will make our ignorant politicians pass more laws for gun control.

Whys it stupid? :confused:

jpeff31787 06-23-2012 08:22 AM

good for the guy to know all his rights, but he was being an butt to a cop who wasn't being rude

jldsc 06-23-2012 09:21 AM

i agree the cop was being polite but they should know the law thats the business they are in....

Slidellkid 06-23-2012 09:30 AM

The guy was correct. Simply carrying a firearm in a location that allows open carry cannot be the sole reason for a stop. The cops should know this, but they rarely understand the Fouth amendment. Once they received the phone call that there was someone openly carrying a firearm, they should have then asked "is he engaged in a crime." Where legal, openly carrying a firearm is no more cause for a police stop than someone carrying a briefcase.

I do commend the cop for his attitude and demeanor....very professional.

bluewing 06-23-2012 09:51 AM

The cop should have slapped the smart *** out of him

Wag 06-23-2012 10:19 AM

Quote:

Originally Posted by jpeff31787 (Post 451372)
good for the guy to know all his rights, but he was being an butt to a cop who wasn't being rude

X2 ...... and if I saw a guy walking down the road with a gun I would call the cops too, legal or not, ... that's a cops job to figure it out, this cop did an excellent job handling the situation and the guy with the gun was a real A$$ about it and obviously did this to get a reaction from the cops....

Walk up to a stranger you know nothing about that has a loaded gun in his possession and see how you feel...not a comfortable situation to be put in, legal or not, this cop had no idea if this guy was going to shoot him or test him on his law....what an idiot.

cmcnabb 06-23-2012 10:44 AM

That was the most polite cop I have ever seen. The dude carrying the gun was more of a jackass than a boss

MathGeek 06-23-2012 11:09 AM

The firm assertion of legal rights in the face of government overstepping its authority should not be construed to be rude or errant.

It does not matter how polite the agent of the government is when trampling on the rights of a citizen.

The agent of the government is ALWAYS wrong when trampling on the rights of the citizen, and the citizen is ALWAYS right in resisting the violation of his rights.

Wag 06-23-2012 11:40 AM

Quote:

Originally Posted by MathGeek (Post 451417)
The firm assertion of legal rights in the face of government overstepping its authority should not be construed to be rude or errant.

It does not matter how polite the agent of the government is when trampling on the rights of a citizen.

The agent of the government is ALWAYS wrong when trampling on the rights of the citizen, and the citizen is ALWAYS right in resisting the violation of his rights.

and a little common sense goes a long ways ..... did this need to happen, no, but this guy was on an ego trip and ready to tape this to prove his point, which he did....now, if the guy would have shot someone and not have been stopped and checked who would have been blamed.....the police force, a no win situation and i feel this officer handled the situation the best he could

joeymaloz 06-23-2012 12:40 PM

I'm with you math geek.....

Top Dawg 06-23-2012 02:26 PM

Quote:

Originally Posted by MathGeek (Post 451417)
The firm assertion of legal rights in the face of government overstepping its authority should not be construed to be rude or errant.

It does not matter how polite the agent of the government is when trampling on the rights of a citizen.

The agent of the government is ALWAYS wrong when trampling on the rights of the citizen, and the citizen is ALWAYS right in resisting the violation of his rights.

I'm with you. Freak that cop. Buncha liberals got scared cuz they saw a law abiding citizen with a gun. OMG a gun. People hear that word and freak out. I commend that guy for puttin that cop in his place.

Likeuhboss 06-23-2012 03:11 PM

For those saying the guy was a jackas.... yeah he pretty much was but who knows how often he gets harassed for doing something that is 100% legal. I'd be willing to bet this was not the first time, hence the chip on his shoulder.

1fastmerc 06-23-2012 03:11 PM

What a jerk. Let one of his love ones get killed or hurt by a guy "just carrying" a gun down the street and see how fast his view changes on this subject. The cop did a excellent job on not losing his patients.


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"H" 06-23-2012 03:41 PM

It is not ok for just police officers to be armed.
We have a right to be armed and defend our life & property (I understand with this right comes great responsibility). Baton Rouge has been listed as one of the top ten most dangerous cities in the U.S. I live in the middle of said city. Anything can happen at any time. To each his own but I choose to not be an unarmed victim! Remember the ole saying is true "when seconds count the police can be there in mere minutes".

"To disarm the people is the best and most effectual way to enslave them"
George Mason, co-author of the 2nd amendment

Top Dawg 06-23-2012 05:16 PM

Quote:

Originally Posted by 1fastmerc (Post 451503)
What a jerk. Let one of his love ones get killed or hurt by a guy "just carrying" a gun down the street and see how fast his view changes on this subject. The cop did a excellent job on not losing his patients.


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Dude u need to get your head out of the sand. The dude was expressing his right. He was carrying a gun, not like he was waving it around threatening people. Let one of your family members get I hurt with a gun from a guy carrying a gun and I bet you'll arm yourself. Remember it's notthe gun that kills. And for a government puppet to invade those rights is just WRONG. Doesn't matter how nice that cop was. He had no business at all harassing the guy with the gun. Do you want someone interigate you every time you went hunting just because you have a gun? People need to stand up against government and he did a good job.

Bluechip 06-23-2012 05:44 PM

Quote:

Originally Posted by Top Dawg (Post 451555)
Dude u need to get your head out of the sand. The dude was expressing his right. He was carrying a gun, not like he was waving it around threatening people. Let one of your family members get I hurt with a gun from a guy carrying a gun and I bet you'll arm yourself. Remember it's notthe gun that kills. And for a government puppet to invade those rights is just WRONG. Doesn't matter how nice that cop was. He had no business at all harassing the guy with the gun. Do you want someone interigate you every time you went hunting just because you have a gun? People need to stand up against government and he did a good job.


No personal attacks....everyone has a chance to voice their opinion.

1fastmerc 06-23-2012 06:02 PM

Quote:

Originally Posted by Top Dawg (Post 451555)
Dude u need to get your head out of the sand. The dude was expressing his right. He was carrying a gun, not like he was waving it around threatening people. Let one of your family members get I hurt with a gun from a guy carrying a gun and I bet you'll arm yourself. Remember it's notthe gun that kills. And for a government puppet to invade those rights is just WRONG. Doesn't matter how nice that cop was. He had no business at all harassing the guy with the gun. Do you want someone interigate you every time you went hunting just because you have a gun? People need to stand up against government and he did a good job.

Lol. I don't think I'm the one with the head in da sand. Have a nice day.


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eman 06-23-2012 06:28 PM

If the guy had the gun in a holster the LEO had NO reason to stop him. If he had it in his hand then that is considered brandishing a weapon and yes legally you can be stopped and questioned for that. I have been stopped walking down the road w/ a shotgun when i came out on the wrong trail and had to walk down a public road to my truck.
Some astrisk saw me and called the sherriff . deputy was cool about it and all he asked was it unloaded and then gave me a ride to my truck. dude in the video was standing up for his rights as an AMERICAN citizen . He did not have to raise his voice. He should have told the LEO that i will not show you any ID and i will not answer any questions or speak to you until a supervisor arrives on the scene.

Likeuhboss 06-23-2012 06:53 PM

Am I the only one shocked that Portland, as liberal as they are, allows open carry.

fishinpox 06-23-2012 07:16 PM

The guy deff had a chip on his shoulder, I'm all for my rights to bear arms ect but it seems this dudes sole purpose was to tape the cops reaction while he ranted off court cases. He sounds like a trouble maker . The cop was very polite. I recently saw a guy in the neighborhood I'm building houses in , scrapping metal from dumpsters wearing a shoulder holster with a hand gun in it, I called the cops and I'd expect someone to do the same if I was doing that. It really burns my arse that this guy most likely dud this "stunt" just to video tape it..... Why stir the pot? He prolly got his arse kick in HS . I realize a large # of cops overstep their rights but what would u do if you were in Their shoes??? Dealing with crazies all day and just wanting to make it home in 1 piece to see your kids w/o some worm trying to get you on every legal case know to man

flounder_smacker 06-23-2012 08:08 PM

So you who are saying this guy is wrong for open carry would you just rather him conceal it? Out of sight out of mind? That's what most criminals will do not carry it in the open. If I see a guy walking down the street with a pistol in his holster it actually makes me feel safe not scared and then call the police. The pussifacation of America right there.

Top Dawg 06-23-2012 08:16 PM

Quote:

Originally Posted by flounder_smacker (Post 451643)
So you who are saying this guy is wrong for open carry would you just rather him conceal it? Out of sight out of mind? That's what most criminals will do not carry it in the open. If I see a guy walking down the street with a pistol in his holster it actually makes me feel safe not scared and then call the police. The pussifacation of America right there.

Amen.

cmcnabb 06-23-2012 08:24 PM

Quote:

Originally Posted by fishinpox (Post 451615)
The guy deff had a chip on his shoulder, I'm all for my rights to bear arms ect but it seems this dudes sole purpose was to tape the cops reaction while he ranted off court cases. He sounds like a trouble maker . The cop was very polite. I recently saw a guy in the neighborhood I'm building houses in , scrapping metal from dumpsters wearing a shoulder holster with a hand gun in it, I called the cops and I'd expect someone to do the same if I was doing that. It really burns my arse that this guy most likely dud this "stunt" just to video tape it..... Why stir the pot? He prolly got his arse kick in HS . I realize a large # of cops overstep their rights but what would u do if you were in Their shoes??? Dealing with crazies all day and just wanting to make it home in 1 piece to see your kids w/o some worm trying to get you on every legal case know to man

I agree 100% with you. The guy had an excellent point but just went about it completely the wrong way. Like you said, seemed like a guy who got smacked around a lot before. I'm all for open carry, but don't go looking to get a reaction like he did. Just my opinion, but it seemed he was open carrying just to get a reaction. Not very responsible IMO

eman 06-23-2012 08:26 PM

Quote:

Originally Posted by cmcnabb (Post 451648)
I agree 100% with you. The guy had an excellent point but just went about it completely the wrong way. Like you said, seemed like a guy who got smacked around a lot before. I'm all for open carry, but don't go looking to get a reaction like he did. Just my opinion, but it seemed he was open carrying just to get a reaction. Not very responsible IMO

there is a whole website out there trying to get people to have these confrentations w/ LEO.

1fastmerc 06-23-2012 08:29 PM

Quote:

Originally Posted by fishinpox (Post 451615)
The guy deff had a chip on his shoulder, I'm all for my rights to bear arms ect but it seems this dudes sole purpose was to tape the cops reaction while he ranted off court cases. He sounds like a trouble maker . The cop was very polite. I recently saw a guy in the neighborhood I'm building houses in , scrapping metal from dumpsters wearing a shoulder holster with a hand gun in it, I called the cops and I'd expect someone to do the same if I was doing that. It really burns my arse that this guy most likely dud this "stunt" just to video tape it..... Why stir the pot? He prolly got his arse kick in HS . I realize a large # of cops overstep their rights but what would u do if you were in Their shoes??? Dealing with crazies all day and just wanting to make it home in 1 piece to see your kids w/o some worm trying to get you on every legal case know to man

Well said and agreed.


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fishinpox 06-23-2012 08:34 PM

Quote:

Originally Posted by flounder_smacker (Post 451643)
So you who are saying this guy is wrong for open carry would you just rather him conceal it? Out of sight out of mind? That's what most criminals will do not carry it in the open. If I see a guy walking down the street with a pistol in his holster it actually makes me feel safe not scared and then call the police. The pussifacation of America right there.

no i rather him not try to stir the pot and basicly heckle a police office who's job is to protect the general public. that cop didnt know if that dude was a felon, a drunk, high, . i wouldnt have a conversation with a stranger on the street that had gun on his hip if you wanna call that pussifacation then go ahead big man , i call it being smart. whats the point of open carry?? to show you have a gun so nobody messes with you??? that is pussifacation!!! i carry a handgun and would never consider pulling it out in open over a fist fight or to scare someone . actually ive taken an arse whooping when i had a pistol on me and never pulled it to stop the fight ...why because i didnt feel my life was endangered. that guy in the video is a little twerp, wants to complain and make youtube videos like hes some sort of revolutionary lol what a chump .

Top Dawg 06-23-2012 08:38 PM

It could have all been avoided if the cop wouldn't have stopped him for no reason.

1fastmerc 06-23-2012 08:51 PM

Quote:

Originally Posted by fishinpox (Post 451652)
no i rather him not try to stir the pot and basicly heckle a police office who's job is to protect the general public. that cop didnt know if that dude was a felon, a drunk, high, . i wouldnt have a conversation with a stranger on the street that had gun on his hip if you wanna call that pussifacation then go ahead big man , i call it being smart. whats the point of open carry?? to show you have a gun so nobody messes with you??? that is pussifacation!!! i carry a handgun and would never consider pulling it out in open over a fist fight or to scare someone . actually ive taken an arse whooping when i had a pistol on me and never pulled it to stop the fight ...why because i didnt feel my life was endangered. that guy in the video is a little twerp, wants to complain and make youtube videos like hes some sort of revolutionary lol what a chump .

Yup


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Tightline11 06-23-2012 08:56 PM

I know I will never move to Portland I this is allowed. I do know in Louisiana you have to present ID when ever it is asked for by LEO and when he said no then he would have been arrested for resisting and to be a ***** about it if his shirt would have fell over the handle of the pistol in Louisiana that is considered concealed carry and you have to present ID for that or go to jail. The cop let a lot of big talk get to him and all who say the guy was cool for knowing his rights that is good he should, but let him sit next to you and your family while out eating somewhere and see how you feel. To be considered open carry in Louisiana there or some strict guide lines and Im glade they or that way.


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1fastmerc 06-23-2012 09:13 PM

Quote:

Originally Posted by Tightline11 (Post 451667)
I know I will never move to Portland I this is allowed. I do know in Louisiana you have to present ID when ever it is asked for by LEO and when he said no then he would have been arrested for resisting and to be a ***** about it if his shirt would have fell over the handle of the pistol in Louisiana that is considered concealed carry and you have to present ID for that or go to jail. The cop let a lot of big talk get to him and all who say the guy was cool for knowing his rights that is good he should, but let him sit next to you and your family while out eating somewhere and see how you feel. To be considered open carry in Louisiana there or some strict guide lines and Im glade they or that way.


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Once again agreed.


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fishinpox 06-23-2012 09:14 PM

Quote:

Originally Posted by 1fastmerc (Post 451678)
Once again agreed.


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X2

Top Dawg 06-23-2012 09:18 PM

A while back they had a guy walking around in market basket with his gun on his side. No need to call the cops. He was just out getting groceries not causing any harm.

flounder_smacker 06-23-2012 09:24 PM

1000 different opinions but fact is where the guy lives its LEGAL to open carry. he exercised his right and knew what he could and couldn't do. less than a 100 years ago almost everyone opened carried. its our right as american citizens to do so. people calling and reporting the guy is going to happen because its unusual to see someone carrying. the cops did their job asked the guy what they needed to and the guy gave them the right answers. guy goes on his way and now the cops know whats going on. its not that big of a deal. so what if the guy is weak, been beat up, teased,nerd,turd. maybe he got jumped by a group of guys and almost got beat to death now he wants to protect himself. should the police be called everytime someone is walking down the street with a beer in their hand "in case" they get in a car drunk and kill someone on the road?

Hydro 06-24-2012 05:27 AM

I am all about our gun rights and protecting them, but I dont care for this "gotcha" crap with hidden video cams and such...

IMO it makes gun owners look like radicals, which adds fuel to the fire for the anti-gun groups...

Hydro

eman 06-24-2012 09:30 AM

Quote:

Originally Posted by Tightline11 (Post 451667)
I know I will never move to Portland I this is allowed. I do know in Louisiana you have to present ID when ever it is asked for by LEO and when he said no then he would have been arrested for resisting and to be a ***** about it if his shirt would have fell over the handle of the pistol in Louisiana that is considered concealed carry and you have to present ID for that or go to jail. The cop let a lot of big talk get to him and all who say the guy was cool for knowing his rights that is good he should, but let him sit next to you and your family while out eating somewhere and see how you feel. To be considered open carry in Louisiana there or some strict guide lines and Im glade they or that way.


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LEO Has the right in LA to demand to see ID but there is a difference in demand and required.
ariations in “stop and identify” laws
Four states’ laws (Arizona, Indiana, Nevada, and Ohio) explicitly impose an obligation to provide identifying information.
Fifteen states grant police authority to ask questions, with varying wording, but do not explicitly impose an obligation to respond:
In Montana, police “may request” identifying information;
In 13 states (Alabama, Delaware, Illinois, Kansas, Louisiana, Missouri, Nebraska, New Hampshire, New York, North Dakota, Rhode Island, Utah, Wisconsin), police “may demand” identifying information;
In Colorado, police “may require” identifying information of a person.
Identifying information varies, but typically includes
Name, address, and an explanation of the person’s actions;
In some cases it also includes the person’s intended destination, the person’s date of birth (Indiana and Ohio), or written identification if available (Colorado).
Arizona’s law, apparently written specifically to codify the holding in Hiibel, requires a person’s “true full name”.
Nevada’s law, which requires a person to “identify himself or herself”, apparently requires only that the person state his or her name.
In five states (Arkansas, Florida, Georgia, New Hampshire, and Rhode Island), failure to identify oneself is one factor to be considered in a decision to arrest. In all but Rhode Island, the consideration arises in the context of loitering or prowling.
Six states (Arizona, Florida, Indiana, New Mexico, Ohio, and Vermont) explicitly impose a criminal penalty for noncompliance with the obligation to identify oneself.

As of February 2011, the validity of a law requiring that a person detained provide anything more than stating his or her name has not come before the U.S. Supreme Court
All this seems to hinge on weather you are being detained or not ???

rustyb 06-24-2012 11:05 AM

Had he not told the cop about being stopped illegally and just let the cop have his way with him. The cop would have had him spread eagle on the hood of the car while he ran a background check on him and then found a reason to keep his gun. The guy did the right thing. People better wake up. Stand your ground. Know your rights. Not hatin on cops cuz they are needed. But all too often they overstep there legal authority.

Mako19 06-24-2012 02:03 PM

I like the idea of exercising your rights and standing up to a cop that is over stepping their boundaries. It has to stop somewhere and the only way to keep them in their place is for someone to say "This is not ok!"

That being said I would like to see how the NOPD would react to someone acting this way. That guy would be eating through a straw for the next three months. I have seen my buddy get his arse whipped bad bad for petting a horse down there. Hate to see someone try to pull this in N.O.

Raymond 06-24-2012 03:56 PM

Quote:

Originally Posted by Hydro (Post 451755)
I am all about our gun rights and protecting them, but I dont care for this "gotcha" crap with hidden video cams and such...

IMO it makes gun owners look like radicals, which adds fuel to the fire for the anti-gun groups...

Hydro

Winner winner chicken dinner!!!

CaliCouple 07-07-2012 12:20 PM

Been a cop for 22 yrs in California and we were an open carry state until a bunch of idiots started all these gotta videos to get their 15 minutes of fame. Now the State passed a law that it is illegal to open carry. I support the possession of and the ability to carry but when you abuse it you loose it.

bmac 07-07-2012 01:36 PM

There you go

flounder_smacker 07-07-2012 07:37 PM

Quote:

Originally Posted by CaliCouple (Post 458319)
Been a cop for 22 yrs in California and we were an open carry state until a bunch of idiots started all these gotta videos to get their 15 minutes of fame. Now the State passed a law that it is illegal to open carry. I support the possession of and the ability to carry but when you abuse it you loose it.

well there's your problem.

Top Dawg 07-07-2012 07:39 PM

Quote:

Originally Posted by flounder_smacker (Post 458464)
well there's your problem.

You beat me to it.


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