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The Range
Law & Order
Video: Citizen is detained for open carry.
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<blockquote data-quote="Michael Brown" data-source="post: 1807920" data-attributes="member: 18"><p>Actually he probably wouldn't, and hasn't, simply BECAUSE he posted a link and a credible case.</p><p></p><p>That said, state laws can be more restrictive than federal laws, unless a court finds that law unconstitutional, and if the legislature wants to make one they have that ability which they did in the case of Oklahoma's open carry law.</p><p></p><p>The other issue here is the need for seizure in order to obtain evidence. Since the gun is in plain view, not concealed as in the DeBerry case, such a seizure may or may not be deemed as unreasonable since they are not relying on the Terry standard as the officer in original video tried poorly to articulate but rather the statutory authority granted to them by the people of the state.</p><p></p><p>Either way, it's unlikely that it will be decided by a bunch of people on the internet with very little legal experience.</p><p></p><p>Michael Brown</p></blockquote><p></p>
[QUOTE="Michael Brown, post: 1807920, member: 18"] Actually he probably wouldn't, and hasn't, simply BECAUSE he posted a link and a credible case. That said, state laws can be more restrictive than federal laws, unless a court finds that law unconstitutional, and if the legislature wants to make one they have that ability which they did in the case of Oklahoma's open carry law. The other issue here is the need for seizure in order to obtain evidence. Since the gun is in plain view, not concealed as in the DeBerry case, such a seizure may or may not be deemed as unreasonable since they are not relying on the Terry standard as the officer in original video tried poorly to articulate but rather the statutory authority granted to them by the people of the state. Either way, it's unlikely that it will be decided by a bunch of people on the internet with very little legal experience. Michael Brown [/QUOTE]
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