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Fourth Circuit gets it right on Open Carry -
#1
http://www.ncgunblog.com/2013/03/19/four...pen-carry/

Quote:Does Open Carry, in an Open Carry state, give police a reasonable articulable suspicion that a crime is occurring?


The long and short of it is that doing something legal, like openly carrying a firearm, can’t be used to justify a detention and a search. We can agree that Black was breaking the law. But we can’t allow the police to decide that my carrying a gun permits him to search all my friends.

Great decision by the Fourth Circuit.

Takeaway from this? Insist on your rights. When the cops try to detain you, say that you want to leave. Try to leave. Force them to prevent your departure. I wouldn’t go so far as to run and make them tackle me, but by trying to leave he was able to prove in court that his stop wasn’t a consensual encounter.
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#2
Good find!
My guidance counselor said I wouldn't amount to anything... Lucky guess! Dodgy

[Image: mikey1j.jpg]

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#3
Thanks for posting. I found the below in the comments.

"I see no problem with a cop wanting to see your permit to legally carry. That small importunity should be considered the price we pay to keep ILLEGAL carry weapons off our streets. The approach suggested by the author INVITES a confrontation with a dutiful officer. Making cops fret about a court case may make the author happy but it will not (and did not) keep that ex-con from carrying, right? If a game warden asks to see your hunting license, you show it, because HE is just doing his job, and doing it right. Why make the cop out to be a bad guy for, RIGHTLY, suspecting something was amiss?"
donotknowme, member of pa2a.org since Sep 2012.
I am a unique & individual snowflake just like everyone else.
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#4
Publican;89628 Wrote:http://www.ncgunblog.com/2013/03/19/four...pen-carry/

Insist on your rights. When the cops try to detain you, say that you want to leave. Try to leave.
Force them to prevent your departure. I wouldn’t go so far as to run and make them tackle me, but by trying to leave he was able to prove in court that his stop wasn’t a consensual encounter.

I for one am not entirely in agreement with your suggestion(s). I offer this as there is now plenty of evidence from OC individuals who have elected to stand their ground and who have firmly but politely demanded their rights. If you intend to engage in OC activity be ready to go "toe-to-to" or "eye ball - to - eye ball" with those who elect to deny you your rights.

I agree that "... to run and make them tackle me, ..." would not be the best action to take. However, just one or two witnesses and a small tape recorder and/or video camera will go a long way to prove that the "stop" was not consensual and such activity while acting "under color of law" is no longer acceptable and will not be tolerated.

Then there are the legal considerations, which is to say, the damage you can cause to the individual, who when acting "under color of law" decides to deny you your rights. Odds are, if you elect to make a fight of it, the individual can not afford the fight or the economic loss which will follow.

Just my opinion.

tyc
tyc, proud to be a member of pa2a.org since Sep 2012.
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