Am I legally required to wait?

This is a discussion on Am I legally required to wait? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I think a large portion of whether or not the police will be called on you or not is your demeanor at the time that ...

Page 2 of 2 FirstFirst 12
Results 16 to 24 of 24

Thread: Am I legally required to wait?

  1. #16
    Senior Member Array purple88yj's Avatar
    Join Date
    Jun 2006
    Location
    Piedmont Triad, NC
    Posts
    1,100
    I think a large portion of whether or not the police will be called on you or not is your demeanor at the time that you are noticed.

    I was approached once by a person who thought I was a LEO. They learned with great enthusiasm that North Carolina is an open carry state.

    All I was doing was pumping gas.

  2. Remove Ads

  3. #17
    VIP Member Array Rob72's Avatar
    Join Date
    May 2005
    Location
    OK
    Posts
    3,468
    Long-running issue. My take is, why advertise? Unless you spend 4 or so hours on the range, every week, surprise is about 60% of your "combat value". If you're having an "off" day, and aren't as aware, even for a few moments, you're giving an open-invitation to the hard-core. It happens with PD.............

  4. #18
    Member Array soundwave's Avatar
    Join Date
    Jul 2006
    Location
    Arizona
    Posts
    356
    While I agree with everyone on concealment, I think we should all remember that this situation also applies to if your gun is seen whether intentionally concealed or not. I'm with the others that if they tell you that they called 9-1-1 to call yourself. Tell them that you are calling about the incident at XYZ location (e.g. gas station, etc.) and that you are the "man with the gun". Explain that it was in a holster and not brandished, the guy just freaked out, then say where you will be or a phone number so the LEO can follow-up. You have no obligation to stay, someone calling 9-1-1 doesn't "arrest" you by doing it.

    From my side I should say that most dispatchers know the law and will "qualify" a call when one comes in. We actually have to. We get so many calls that we have to field what is a law enforcement incident and whether a LEO should respond or not or just take it by phone.

    We get a lot of calls by Border Patrol about someone violating CCW laws. Mostly because many of the BP agents in our area originally lived in California where CCW is highly restrained. We've gotten calls about finding a gun on the passenger seat, in the glove box, on their waistband (OWB), etc. I'm not sending one of my guys on a wild goose chase because someone "freaked out".

    I'll ask them if it was in a holster, could you see it when you looked in the car, etc. If it turns out that the guy was complying with the law I'm not sending anybody and I'll tell the agent that. If the guy has a valid CCW permit, I'll run it and see what it says. Unless the guy is violating the law or may be violating it, I'm handling the call and no car will respond.

    If the person is the general public and says that they saw someone with a gun I'm asking what are they doing with the gun. If they say that they're not waiving it around and it's on their hip in a holster, I'm teaching the caller about CCW law and that it's legal and have a nice day. If the person is seen with it concealed, I'm getting a description of the person and their vehicle and leaving it up to a sergeant whether we're going to respond (I'm not asking the caller to ask for the guy's CCW permit lol). If the person is waiving it around or otherwise has it in their hand pointing it at people, damn straight someone's going to respond.

    If a LEO comes flying to where you're at because you had a gun in your holster and aren't doing anything wrong with it, you can blame it on the dispatcher that took the call. We get the call, not the LEO. This is why we're sometimes referred to as the "first responder". If we determine that it's nothing to worry about, we've handled the call and that's that. If a dispatcher is not trained enough to know CCW laws, that's when you'll get a unit responding to that kind of call. A LEO doesn't even know a call was placed until we put it on the screen for response.

    Cheers.

  5. #19
    Assistant Administrator
    Array P95Carry's Avatar
    Join Date
    Mar 2005
    Location
    South West PA
    Posts
    25,482
    If the person is the general public and says that they saw someone with a gun I'm asking what are they doing with the gun. If they say that they're not waiving it around and it's on their hip in a holster, I'm teaching the caller about CCW law and that it's legal and have a nice day. If the person is seen with it concealed, I'm getting a description of the person and their vehicle and leaving it up to a sergeant whether we're going to respond (I'm not asking the caller to ask for the guy's CCW permit lol). If the person is waiving it around or otherwise has it in their hand pointing it at people, damn straight someone's going to respond.
    Sounds very well balanced to me
    Chris - P95
    NRA Certified Instructor & NRA Life Member.

    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


    http://www.rkba-2a.com/ - a portal for 2A links, articles and some videos.

  6. #20
    VIP Member Array peacefuljeffrey's Avatar
    Join Date
    Oct 2006
    Location
    south Florida
    Posts
    3,168
    Quote Originally Posted by ccw9mm View Post
    If I actually knew someone was on the horn with police, I would instantly break out the cell phone, make a 911 call, and rapidly inform of the situation. NO WAY would I want to have armed response coming down on my head for unwarranted, irrational reasons.
    Sounds reasonable. "Hello, police? I am at such and such gas station, and I am legally carrying a handgun that is visible on my person in a holster. I have been informed by the manager that he has called the police to report me, and I can only guess that he is not aware that what I am doing is perfectly legal. He is mistaken to have called and reported anything suspicious or illegal. I am going to put the gun on the car seat and be waiting when your officer arrives, but I assure you that nothing illegal has been done. I have brown hair, am 6 feet tall, wearing..."

    Something like that?

  7. #21
    Member Array soundwave's Avatar
    Join Date
    Jul 2006
    Location
    Arizona
    Posts
    356
    Pretty much. But I'd make it sound a little more innocent. Something like this:

    "Hi, I'm Mr. Bob and I'm at the XYZ gas station on This Street. The clerk just told me that he called 9-1-1 because I have a gun in a holster on my belt, openly carrying. I really don't know what his problem is, I was just filling my gas tank minding my own business and then the clerk yells out the front door at me like World War III is happening or something. He doesn't look very right in the head. I really don't understand why all of this is necessary, I'm not doing anything wrong. What should I do?"

    This makes it seem to the dispatcher that you really weren't doing anything and the crackhead behind the counter freaked out (e.g. puts the clerk in a bad light). At this point the dispatcher will probably ask you your name, describe your vehicle and give you instructions on what they want to do with the gun before the LEO arrives.

    Once the LEO arrives they're going to run you (if the dispatcher hasn't already) and ask you what you were doing. They're going to talk to you first rather than the clerk because you're the "threat" in the call. You repeat the above again and puts the clerk in a bad light (again). When the LEO sees that everything is fine and talks to the clerk, you've already predisposed the clerk as some kind of unstable person which will usually lead the LEO to "educate" the clerk on law and to mind his own business unless there is a real incident occuring.

    Cheers.

  8. #22
    Member Array kommander's Avatar
    Join Date
    Jun 2006
    Location
    Mesa, AZ
    Posts
    17
    I guy I work with told me a story about this once. He had just moved to Arizona and saw a guy open carrying. He decided to freak out and call the police. The 911 operator told him that open carrying was legal and unless the person was threatening people there was no crime. Apparently he was flabbergasted that this kind of "insanity" would be allowed. I then had the pleasure of telling about CCW laws and that for every one he sees there are probably 10 he doesn't.

  9. #23
    Member Array soundwave's Avatar
    Join Date
    Jul 2006
    Location
    Arizona
    Posts
    356
    lol Go Arizona! Sounds like he came from California or something.

  10. #24
    Senior Member Array CombatEffective's Avatar
    Join Date
    Apr 2005
    Posts
    998
    I'd rather folks not know that I am carrying despite the fact that it is legal. Folks just act too stupid over the issue and freak.

    I drive a desk these days instead of a patrol car, and I have the option to wear a uniform or plain clothes. When I'm plain clothes I prefer to keep my weapon concealed even though I wear my badge on my belt near my weapon. I just don't like to deal with all of the comments and questions.
    Shooters' Legacy

    Special sections for S&W and Ruger

Page 2 of 2 FirstFirst 12

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Permit required vs. No permit required (long)
    By oakchas in forum Concealed Carry Issues & Discussions
    Replies: 87
    Last Post: September 21st, 2010, 07:23 AM
  2. How Long Have You CC'd Legally?
    By NCHornet in forum Concealed Carry Issues & Discussions
    Replies: 64
    Last Post: February 5th, 2008, 11:45 AM
  3. How do I legally Purchase for someone else?
    By DMan in forum Concealed Carry Issues & Discussions
    Replies: 28
    Last Post: June 4th, 2007, 11:46 PM
  4. Legally exempted?
    By soundwave in forum Concealed Carry Issues & Discussions
    Replies: 10
    Last Post: October 13th, 2006, 09:13 PM
  5. I can legally carry.....
    By Wingman in forum New Members Introduce Yourself
    Replies: 15
    Last Post: February 28th, 2006, 10:32 PM

Search tags for this page

required to wait for the police

Click on a term to search for related topics.