Detained for Open Carry, Portland, Maine 26MAY2012

[jon5212]

Frankly personally if I'm open carrying and someone else has a problem with it go ahead and call the police, I'm prepared for that. And I could care less what the sheep think about it, I'm doing nothing illegal so as far as I'm concerned they can go **** themselves.
I carry because I have a family to protect and will have a child come november so I'll be damned if someone gets their panties in a wad over OC legally.

 

[TruxLupus]

My take here is that if the officer asked for my weapon I would not surrender it to him. I would tell him that he could take it from me but I would not accept it back. He would then have to take it to the property room, locker, or whatever, and document why he had it.

Now you have an excellent case against him for illegal seisure of your property.

And I think he would know that he might not stand on solid ground even if he wasn't sure if he was right or not.

I actually think that would be fun.

Just sayin...

A court may consider that voluntary surrender of your property. Even if it was illegally seized from you, they might hinge on your refusal to accept it back. The system doesn't always work perfectly.

 

[Titanium_Frost]

A court may consider that voluntary surrender of your property. Even if it was illegally seized from you, they might hinge on your refusal to accept it back. The system doesn't always work perfectly.

Actually Flyguy is correct. There are very specific conditions to the seizure of a citizens property and the return of such in the IC.

 

[griffin]

People in the OC movement for some years now have been doing things to present themselves in a very visible way to the public and law enforcement. Not the individual carry, that is usually done in a low-key way, we are just going about our every day business. I'm talking about large gatherings of OCers such as picnics in the park or recreational areas, roadside cleanups, etc. where one of the primary reasons is to be noticed for the education of the public and law enforcement alike, that OCers are not to be feared and that OC is lawful. Video and audio is always running there.

However, I think some people take personal advocacy to the confrontational level on purpose. As OC becomes more prevalent, I think you will see more of this "in your face" behavior. They will be lawful, but it will be pushing people's perceived boundaries, much like regular holstered handgun OC used to be. Now no one hardly notices.

 

[griffin]

Actually Flyguy is correct. There are very specific conditions to the seizure of a citizens property and the return of such in the IC.

Is a LEO taking your firearm during a traffic stop "for his safety" a seizure that violates IC, and is trying to return it to you on the spot a violation of IC?

 

[Titanium_Frost]

Is a LEO taking your firearm during a traffic stop "for his safety" a seizure that violates IC, and is trying to return it to you on the spot a violation of IC?

Anytime he takes possession of your property it is a seizure. According to IC you must go before a judge to retrieve your property.

 

[griffin]

Anytime he takes possession of your property it is a seizure. According to IC you must go before a judge to retrieve your property.

Did not know that. IC cite? (I travel to IN a lot). I will also check MCL (MI law) to see how, as our school teachers said, it compares and contrasts.

 

[Titanium_Frost]

Did not know that. IC cite? (I travel to IN a lot). I will also check MCL (MI law) to see how, as our school teachers said, it compares and contrasts.

Yeah but I can't right now. Remind me tomorrow I'm pretty sure I may have a copy I printed off somewhere.

 

[Rookie]

35-47-14-3

 

[Rookie]

He's not the only one who knows things...

 

[KG1]

35-47-14-3

Hey we don't really need the combination to the lock on your old High School locker.

 

[Rookie]

I seriously can't do combination locks...

 

[Double T]

A person is deathly afraid of needles:
Are the docs commiting a crime if the person has a psychotic episode and has to be snowed by injection? No. The person perceives danger and responds.

How do psychiatrists get people to stop fearing something? Desensitizing.

How do they do that? Exposing them to pictures, movies, and the real thing.


How do we do that with the sheeple? As this guy did and trying to get john q public to realize that if someone is walking about, minding their own business with a holstered sidearm, that it is perfectly legal.

Someone calls in MWAG there should in fact be protocol: face covered? Holstered? Waving it around? Pointing it? If no then stfu and quit wasting resources.

 

[billybob44]

RIGHT ON!!!!

Someone calls in MWAG there should in fact be protocol: face covered? Holstered? Waving it around? Pointing it? If no then stfu and quit wasting resources

^^^This is the IDEAL way to take the dispatch..IMO, a lot of the smaller towns/county's do it this way.

For SOME reason the larger/Metro offices seem to make more use of their SWAT!!!

You know--Show a NEED for their jobs+large dept funding??? Bill.

 

[Excalibur]

I also like to always question videos like this. What is up with the camera. Does this guy bring his camera every where when he open carries or did he decide that day to bring a camera and prepare a speech for the cops when they show up? Was he baiting the cops? I see these vids all the time and it just annoys me that some people do that. Take a camera and wander around town with no purpose other than get the cops to show up so he can tell them what is right

 

[Rookie]

Most cell phones are equipped with a camera. I know mine is...

 

[actaeon277]

I also like to always question videos like this. What is up with the camera. Does this guy bring his camera every where when he open carries or did he decide that day to bring a camera and prepare a speech for the cops when they show up? Was he baiting the cops? I see these vids all the time and it just annoys me that some people do that. Take a camera and wander around town with no purpose other than get the cops to show up so he can tell them what is right

If you OC or CC, you may get hassled by an Officer of the Law, that doesn't know the law. It would be a good idea to have at least an audio recording device going.
Later, he may say you were "disturbing the public", or make something else up. Your word against his, guess who the judge believes.
If you are in the right, the audio helps you.
You don't have to go looking for trouble, for it to find you.

 

[jamil]

Let's just pretend for a minute that you are not in to CARS (you don't like, or dislike, for that matter). You see some dude, or chick, driving down the street with a CAR. Let's say you just happened to catch the story on the evening news about the guy with a CAR driving drunk and smashing into a pedestrian. What do you do then? Again, you are just average joe citizen. maybe you also live in a neighborhood that is anything less than SOBER.....DRINK for thought.

(Just as a side note I hate any type of alcohol.)

I know you want OC to be as normal as driving a car. But in practical terms, a car is not the same thing as a gun. You don't take cars to war (you know what I mean), you don't protect yourself or your home with cars, and the constitution does not explicitly protect you're right to keep and bear cars, and the bad guy doesn't walk into a bank, pull out his car, and say this is a stick-up. The point is, as clever as switching the words seems, those words aren't interchangeable.

As much as any of us would like OC to be normal, most people are uncomfortable around guns because they can't know the intentions of the person carrying it. It requires a lot more trust from the public to carry a gun than it does to drive a car. I'm not saying that this is a good thing, but for the time being, it's true.

 

[griffin]

What is up with the camera. Does this guy bring his camera every where when he open carries or did he decide that day to bring a camera and prepare a speech for the cops when they show up?

Are you new to firearms? I ask seriously, not as a put down.

Do you OC? If so, do you provide for any personal protection such as stealth audio recording while doing so?

 

[yeti rider]

I know you want OC to be as normal as driving a car. But in practical terms, a car is not the same thing as a gun. You don't take cars to war (you know what I mean), you don't protect yourself or your home with cars, and the constitution does not explicitly protect you're right to keep and bear cars, and the bad guy doesn't walk into a bank, pull out his car, and say this is a stick-up. The point is, as clever as switching the words seems, those words aren't interchangeable.

As much as any of us would like OC to be normal, most people are uncomfortable around guns because they can't know the intentions of the person carrying it. It requires a lot more trust from the public to carry a gun than it does to drive a car. I'm not saying that this is a good thing, but for the time being, it's true.

Someone understands what i'm saying.....