A question for the experts on this board.

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  • Mark 1911

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    Jun 6, 2012
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    I agree that this is not something that should be illegal, but definitely not a good idea in public. The person with the gun made himself vulnerable to theft or attack from the person he handed the mag (or pistol?) to, he also made himself vulnerable to any observer who was watching.
     

    Titanium_Frost

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    I agree that this is not something that should be illegal, but definitely not a good idea in public. The person with the gun made himself vulnerable to theft or attack from the person he handed the mag (or pistol?) to, he also made himself vulnerable to any observer who was watching.

    :dunno:

    Still a round in the chamber or perhaps a backup weapon or armed buddy?

    Just to play Devil's Advocate: What would you do if your magazine popped out accidently when you bumped into something out in public? Do you fix it, take it out, or do nothing for fear of being prosecuted by sloughfoot's pretend court?
     

    sloughfoot

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    Apr 17, 2008
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    your opinion on this subject is of absolutely no interest to me. I know for a fact that I have applied the statute not only in cases of firearms but also knives and in case a garden tool.

    I couldn't tell you the name of somebody that I booked into jail five minutes after the end of shift much les 10 years later. The incident may have left a strong impression on the psrp but it's certainly did not leave an impression on me!
     

    Mark 1911

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    :dunno:

    Still a round in the chamber or perhaps a backup weapon or armed buddy?

    Just to play Devil's Advocate: What would you do if your magazine popped out accidently when you bumped into something out in public? Do you fix it, take it out, or do nothing for fear of being prosecuted by sloughfoot's pretend court?

    Maybe. But if he was that quick to play show and tell with a stranger, his head is not in the right place. I admit I didn't read every post, but it wasn't clear to me if the item he handed to the stranger was the magazine or the pistol. I agree with you that should not be illegal, but playing show and tell with someone I don't know is not something I would personally do - unless I was in a smokey cigar store with a bunch of armed INGOers, then.... :D

    As far as the accidental drop, I would pick it up, check out my surroundings, and then either return it to its rightful place or walk to a place I felt comfortable doing so. I OC all the time, so I'm not too concerned about the gun Nazis.
     

    jbombelli

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    May 17, 2008
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    your opinion on this subject is of absolutely no interest to me. I know for a fact that I have applied the statute not only in cases of firearms but also knives and in case a garden tool.

    I couldn't tell you the name of somebody that I booked into jail five minutes after the end of shift much les 10 years later. The incident may have left a strong impression on the psrp but it's certainly did not leave an impression on me!

    In other words you got nothing to back up your claims? I mean, you said it's happened hundreds of times in this state, so you ought to be able to name ONE specific time so we can look it up. An instance specifically involving dropping the mag from the pistol and unloading it.


    I guess everyone that unloads before walking into the 1500 commits a D felony?

    instead of conjecture I speak from experience. The prosecutor and Judge convicted my guy and his license to carry handgun was revoked after the conviction.

    You remember applying the statute, you remember having the guy prosecuted, you remember him being convicted, you remember his LTCH being revoked ... You remember an awful lot for it not making any impression on you. But funny you don't remember *anything* we could use to actually look it up. How convenient.


    :dunno:
     
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    Wolverine6G

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    Oct 2, 2012
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    No way I would take my weapon out in public unless myself or someone else was in a situation. There is no need to draw more attention to your self. I would be pretty livid if it were my kid.

    Sorry for not reading the entire thread.
     

    JadeBrecks

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    Apr 11, 2012
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    He is very lucky the kid didn't bolt with his gun. Also lucky his parent didn't see him do that and flip out.
     

    Burnsy

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    Apr 6, 2012
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    The law that I cited was indeed very specific and the case is easily made by an Officer that the person endangered himself and everyone in the restaurant by manipulating a firearm in plain view of numerous witnesses.

    So in the spirit of the OP's story, this case you speak of would make it illegal to pop the mag out of my holstered firearm in a public place (Not that I would have or have reason to)? I don't agree with what the OP saw at all, but I would very much like to read of this case.

    What about people who attend gun shows? I rarely attend but there are usually police officers there making sure any weapon brought in is unloaded, many of them are then not placed in a gun case for sale but instead stuffed in a holster after being zip tied.

    This makes it pretty clear the gun is the person's carry gun which would indicate that they very likely just unholstered and unloaded in their car...which has windows...which provide visual access...in a public place.

    Why is the officer there not arresting these people? I don't agree with the practice of unloading a firearm not pointed in a safe direction but I am pretty sure they don't have a sand barrel in their passenger seat.

    The charging information, the probable cause affidavit, the Officer report, and the witness statements all create the case. The case is more easily made if the guy is open carry rather than concealed. It can be a class D felony to open carry in a resteraunt and then manipulate the firearm.

    Now you're just trolling...please provide the IC that specifically mentions open carry vs concealed carry and how either results in a variable criminal charge.
     
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