All The Open Carry Folks wanted a court decision......

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hrdware

Sharpshooter
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it was way over the top to carry such a weapon. if it had been a normal semi pistol (1911 perhaps), he wouldnt hav got stopped. Hell ill be open carrying at times, not always, but if i was ever stopped by a PO to make sure im carrying legally, i wont hav a problem with it unless hes an ******* about it or i get wrongfully arrested, which i doubt would happen. Hes just doing his job, better he check than not and that person murders someone.

I will agree with you about this particular stop, it was warranted IMO.

However I can not agree with you about checking to make sure you are carrying a 1911 legally. I'm sorry but a violation of my civil rights is not acceptable because someone else is uncomfortable. A PO is not supposed to stop someone without RAS of a crime and the mere presence of a firearm does not give RAS. That would be like saying merely driving a car is RAS you don't have a license.
 

hrdware

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Agree w/ Burplers, i dont mind a police officer or ranger stopping mr to see if I'm legal, im legal and know it and will soon be on my way.....

In that case, would you please provide a list of all your civil rights you don't mind being violated? And at what point are you willing to say enough is enough?
 

Blurplers

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Ok some of u are crying about "my rights being violated" B.S. A PO has every right to stop u if u are carrying a weapon. concealed or openly. it doesnt mean ur under arrest or even detained. all the PO has to do is ask if you are carrying legally or ask for ur CCW card. u hand it over, he verifies ur legal and says "have a nice day" THATS IT. your right to carry has not been violated, the PO did his job, you complied without incident or objection, everything went fine. thats how it should go if u cooperate civil like. PERIOD. Its not any different that a store clerk IDing someone who looks like a customer MAYBE underage when buying smokes or alcohol. Its the POSSIBILITY that they are not legal, better to check, them be of age than to not check, find out they are underage, get sued for not checking, get fined thousands of dollars. If i was a PO, i would check just to make sure they are legal. cause what COULD happen if you dont check, could be much worse.
 

hrdware

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Ok some of u are crying about "my rights being violated" B.S. A PO has every right to stop u if u are carrying a weapon. concealed or openly. it doesnt mean ur under arrest or even detained. all the PO has to do is ask if you are carrying legally or ask for ur CCW card. u hand it over, he verifies ur legal and says "have a nice day" THATS IT. your right to carry has not been violated, the PO did his job, you complied without incident or objection, everything went fine. thats how it should go if u cooperate civil like. PERIOD. Its not any different that a store clerk IDing someone who looks like a customer MAYBE underage when buying smokes or alcohol. Its the POSSIBILITY that they are not legal, better to check, them be of age than to not check, find out they are underage, get sued for not checking, get fined thousands of dollars. If i was a PO, i would check just to make sure they are legal. cause what COULD happen if you dont check, could be much worse.

There are laws that say you have to be 18/21 to buy smokes/beer. Verifying the age to purchase those items is not the same as checking for a permit when no crime has been committed. A PO does not have the right to stop you just because you are carrying a firearm. The supreme court has ruled the presence of a firearm is not a crime. They have also ruled that you can not stop someone who is driving just to make sure they have a valid license. Same holds true for open carry. A PO should not be able to stop you just to make sure you are legal...papers please...I don't think so. Requesting ID for a legal activity with no suspicion of a crime is a violation of the 4th amendment. PERIOD.
 

ConstitutionCowboy

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There are laws that say you have to be 18/21 to buy smokes/beer. Verifying the age to purchase those items is not the same as checking for a permit when no crime has been committed. A PO does not have the right to stop you just because you are carrying a firearm. The supreme court has ruled the presence of a firearm is not a crime. They have also ruled that you can not stop someone who is driving just to make sure they have a valid license. Same holds true for open carry. A PO should not be able to stop you just to make sure you are legal...papers please...I don't think so. Requesting ID for a legal activity with no suspicion of a crime is a violation of the 4th amendment. PERIOD.

Yup. Well said.

Woody
 

Blurplers

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There are laws that say you have to be 18/21 to buy smokes/beer. Verifying the age to purchase those items is not the same as checking for a permit when no crime has been committed. A PO does not have the right to stop you just because you are carrying a firearm. The supreme court has ruled the presence of a firearm is not a crime. They have also ruled that you can not stop someone who is driving just to make sure they have a valid license. Same holds true for open carry. A PO should not be able to stop you just to make sure you are legal...papers please...I don't think so. Requesting ID for a legal activity with no suspicion of a crime is a violation of the 4th amendment. PERIOD.

Read the article again than. there was no rights violated. the ranger was well and full within his rights to do what he did. granted this probably wouldnt have happen if he was carrying a regular pistol, but no the less it can happen. Heres the last sentence from the article:
"Both organizations think that the park ranger permissibly disarmed and detained Leonard Embody that day, notwithstanding his rights to possess the gun. So do we."
so noone but Embody and some of say his rights were violated. This would never hold up in court. he wasnt arrested. all they need is a suspicion or probably cause to detain u. An AK is plenty enough reason to detain u and make sure it is all legal. Why is it such a big deal to let them make sure u are a legal CCW carrier and hav a legal gun. and plus we do NOT live in a society where we civilians can walk down the street with an AK or other similar weapon without getting looks from ppl and most certainly get the cops called on u. this guy wasnt doing anything but causing us more trouble with rights for owning and carrying guns. Jesus if he approached me in a public park in camo and an AK, i would hav at least had my hand on my gun if not drawn it and disarmed him myself. its stupid. if he was hunting, it would be another thing. From a defense standpoint, an AK in public park to defend urself is also stupid. if you had to actually defend urself with an AK pistol, the probability is much higher that u will injure/kill someone u are not intended to shoot. Its a 7.62X39 round for christ sakes!! Would u want that on ur conscience? trying to make a statement carrying this type of gun, actually having to use it to defend urself, accidental having a round go through ur intended target and wounding or killing an innocent civilian who just happen to be in the wrong place at the wrong time. We CCW carriers have to think smartly while we are carrying. An AK is not a smart idea. its why i carry a .40 S&W. i dont want to shoot anyone im not intending to.
 

Blurplers

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Maybe i dont know this but where does it say that a PO cant detain u to make sure u are carrying legally? i honestly dont know if it does so this is a serious question. i cant keep up with all the new legislation on CCW and gun ownership. im too busy looking to buy new guns lol. And i really dont see the big deal for a PO to stop someone and detain them to make sure everything is legal. As long as the PO is respectful and professional id be more than happy to cooperate. If you get arrested, its a different story for carrying legally, its another story. but this is just my feelings on this subject. We all know carrying an AK is ridiculous to a public park in camo. right? am i the only one? lol
 

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