I thought they couldn't do that legally..
Sent from my RM-820_nam_att_100 using Board Express
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So You got a permit to open carry? WoW
Where do you get those? , sounds cool, man I caint wait to get one!
.JK glad everything went well
Where do you get those? , sounds cool, man I caint wait to get one!
.JK glad everything went well
LOL, I would like to have one of those too!!
Kinda what I was thinking
There's a lot of things that they can't technically do legally. But the only time it is really an issue is if there are charges filed based on the results of an illegal search.
I've heard a lot of "I know I can't use that particular event in court, but that doesn't mean I can't keep a closer eye until something does come up that merits a warrant or exigent circumstances".
You know, kind of like some of the DL/Insurance/DUI checkpoints that don't comply with the rules for visibility and a point of egress - most people caught in them won't bother fighting it, and the ones that do have to spend significantly more money to get it thrown than the fines they were facing in most cases.
If you are talking about checking the permit, state laws allows any LEO to ask to see your permit just because you are OC. It does not give them authority to run your name or serial number or anything else.
Now if you want to tell them "No", get arrested, take this to trial and be the test case that takes this to federal court to get the law tossed out, I'm sure there will be a lot of people cheering for you.
Ahh... I though it was the opposite?
I though the law says they CAN NOT ask to see your permit simply cause you are carrying (open or concealed).
Iirc that was passed with OC back in December so cops couldn't harrass everyone they saw with a gun.
Unless you are being detained, arrested or suspicious of committing a crime they can't not ask. Carrying isn't suspicion enough.
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.
I could see them asking to see your permit, if for no other reasn than to satisfy the caller.
Wouldn't bother me to show mine.
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