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The Range
Law & Order
Video: Citizen is detained for open carry.
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<blockquote data-quote="Laubage" data-source="post: 1832107" data-attributes="member: 14597"><p>Henschman is correct as far as I understand. Simply carrying a firearm in an open carry state isn't enough to cause reasonable suspicion. The other side of the coin is that you may not know all of the information that a police officer knows. He could very possibly have reasonable suspicion that you may have committed or are about to commit a crime.</p><p></p><p>The issue is that the police officer has to tell you what crime he suspects you of committing if he wishes to detain you and seize your firearm. Until you know what crime you are under suspicion for, it is not constitutional for a police officer to detain you or even require you to identify yourself (Reference Brown vs Texas). Like the guy in the video says, the encounter has to be mutual and he is free to go until he is "detained"</p><p></p><p>In my opinion, any Oklahoma statute that requires an Open Carrier to relinquish his permit or identification is unconstitutional unless the police officer suspects you of committing a crime. He/she cannot operate on a "hunch" and has to be able to verbally articulate the suspicion. That is the premise for any search or seizure.</p></blockquote><p></p>
[QUOTE="Laubage, post: 1832107, member: 14597"] Henschman is correct as far as I understand. Simply carrying a firearm in an open carry state isn't enough to cause reasonable suspicion. The other side of the coin is that you may not know all of the information that a police officer knows. He could very possibly have reasonable suspicion that you may have committed or are about to commit a crime. The issue is that the police officer has to tell you what crime he suspects you of committing if he wishes to detain you and seize your firearm. Until you know what crime you are under suspicion for, it is not constitutional for a police officer to detain you or even require you to identify yourself (Reference Brown vs Texas). Like the guy in the video says, the encounter has to be mutual and he is free to go until he is "detained" In my opinion, any Oklahoma statute that requires an Open Carrier to relinquish his permit or identification is unconstitutional unless the police officer suspects you of committing a crime. He/she cannot operate on a "hunch" and has to be able to verbally articulate the suspicion. That is the premise for any search or seizure. [/QUOTE]
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