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-   -   Open Carry and the Police (http://www.firearmstalk.com/forums/f97/open-carry-police-75593/)

AFerree 11-03-2012 11:00 PM

Open Carry and the Police
 
Ok, so I have been watching so videos on YouTube about people who open carry and they get stopped by the police. It seems like every time the police ask for identification the open carriers plead the 5th and won't show ID. Any particular reason? Just asking out of curiosity.

danf_fl 11-03-2012 11:07 PM

I don't understand why people are so stupid and want to waste the officer's time with such antics.

I don't know what the people are trying to prove.

jon1992d 11-03-2012 11:13 PM

I think it would just upset someone to get stopped and asked that because there open carrying amd thats there right. Some people are very passionate about open carry and in a way I can understand them doing that but its just easier to show your i.d. and be on your way, unless ofcourse it becomes an everyday thing, in that case i would get a little ticked.

Axxe55 11-03-2012 11:18 PM

probably they are just idiots who are trying to assert their rights so they can make a statement. keyword is idiot! these idiots are more about trying to show some LEO in a bad light and trying to drum up symphathy than truly concerned with gun owners rights. i see my best recourse for an officer who violates my rights is an attorney, not YouTube!

USEBOTHHANDS 11-03-2012 11:27 PM

Quote:

Originally Posted by AFerree (Post 1000717)
Ok, so I have been watching so videos on YouTube about people who open carry and they get stopped by the police. It seems like every time the police ask for identification the open carriers plead the 5th and won't show ID. Any particular reason? Just asking out of curiosity.

no, no reason. some are bein antagonistic, smart a$$e$, and some are just exercisin their rights to open carry.

in states where people can open carry, and the locals are knowledgeable, an OCer is not looked @ twice. BUT, in states where OCin is on the books, but there hasn't been a person to OC in like 20 years, it starts problems with the public.

PD is called because someone is OCin. PD has to go and investigate because the report didn't say "OCin." it said "someone walkin down the street with a gun." the OCer knows that he/she can OC due to law, but some of your newer PD rooks (and some older ones) don't know that the state is an OC state. NOW the problems start.

as for "not showin an ID," it's a hot button topic. in all reality, you do not have to show ID to a public officer. IF YOU HAVE COMMITTED NO CRIME, or are not bein suspected of a crime, then they have no right to ID you, a US citizen. BUT, HERE IS THE KICKER...........even though OC is legal in a particular state, public officers still feel the need to ID you and "run" your license in order to "verify that you are not a criminal, you are who you are, and that you can legally possess a firearm (which they can't verify this information anyway)." where they think they have the right to ID you is the report that got them out to visit you. that's what they use, "the report of someone with a gun," makes you suspect. BUT, WHY WOULDJU BE SUSPECT if OC is on the books, the law, LEGAL.

SOOOOOOOOOOO, you can be an a$$ hat, and make it hard for them, and NOT show them your ID, which is legal in most cases (UNLESS STATE LAW SAYS OTHERWISE - ie, state law says that a public officer has the right to request ID from anyone in that state). OR, you can be cooperative, and polite, and do what the officer advises you to do. it just depends on how beligerent you wanna be.

if the public officer(s) wanna take you to jail for OCin, then they are, and they will. REGARDLESS if it's against the law for them to. you will go to jail until it is presented to the DA, then he/she will decide to prosecute you or not. if he/she knows the law, then he/she won't.

robocop10mm 11-03-2012 11:30 PM

A lot of these knuckleheads are ascribing to the anarchist philosophy called "Sovereign Citizens". They do not recognize the legitimacy of our Government at all. I find it humorous they invoke rights they do not even believe in.

Identifying yourself has nothing to do with the 5th Amendment. Identifying your self has nothing to do with self incrimination.

IMHO, the vast majority of these people are attention starved spoiled brats looking for their 15 minutes of fame. What they usually get is a few months in the pokey to sell their BS to some other criminals.

USEBOTHHANDS 11-03-2012 11:40 PM

oh, i forgot to add............here in LA, i believe that when you sign for your driver's license, you have an obligation to identify yourself to a public officer. i know drivin is an obligation, not a right.

some folks say they weren't drivin, so the officer has no right to stop. BUT, you still have a driver's license.

Axxe55 11-03-2012 11:44 PM

UBH and Robo both elaborated on exactly as i was thinking. thank you both for saying it much better than i did.

also if a person see's you OC a pistol or firearm and they make a call to LE about it, i am pretty sure they didn't know either it was legal to OC. a LEO has a duty to investigate the report and is just doing his job. he comes up on someone doing OC, he is somewhat leary, because he see's a person with a firearm first and foremost. he wants to go home at the end of his shift to his family. and if showing him an ID eases his fear, then what is the harm done? none i can see.

remember most LEO's are just people too who happen to have a job that requires them to wear a badge and gun everyday. yes there are a few who abuse this, but they are fewer and far between and will end up getting themselves in plenty of trouble one day, (Karma is a vicious Bitch!).

partdeux 11-03-2012 11:48 PM

Rights not exercised will wither away to apathy.

State law trumps. If it's a stop and ID state, then you can be stopped. If it's not then LEO can be subjected to civil rights lawsuit... as is taking place in MI right now.

trip286 11-03-2012 11:54 PM

I worked up a well thought out response. Then, after thinking a moment about the subject... How some people just happen to have a video camera running while being confronted by police... In some cases for carrying an AR with a freaking drum mag....

I open carry in LA, when I carry. I've yet to have any talks with police, and I've especially never walked around video recording any foot journeys that I've partaken in.

I've come to the conclusion most of these people are douche bags and I would prefer they be silenced.


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