Local LEO's and open carry

This is a discussion on Local LEO's and open carry within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by yale Actually, finding a lawyer may be harder than you think. Here in La we had an OCer arrested a couple years ...

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Thread: Local LEO's and open carry

  1. #16
    Ex Member Array Deanimator's Avatar
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    Quote Originally Posted by yale View Post
    Actually, finding a lawyer may be harder than you think. Here in La we had an OCer arrested a couple years ago. He searched high and low for a lawer to take his case. He finally had to file suit himself and settled for an undisclosed amount. The Open Carry group I belong to, La Open Carry Awareness League, has spent clost to a year searching for a progun lawyer to hear cases just like this. We havn't had any luck.
    Sounds like a Louisiana thing.

    People in Ohio, Pennsylvania and Virginia have had much better results.

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  3. #17
    Member Array jweiss's Avatar
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    thanks folks apprieciate the input
    "Just because your paranoid doesn't mean their not out to get you !!!" Henry Kissenger as a wise man said to me strive to own one of every type and caliber

  4. #18
    New Member Array Darkknight's Avatar
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    Lawsuit!

  5. #19
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    False arrest = Big $$$. Unlawful seisure = Big $$$. Minus the lawyer's 33%, of course.

    One of these days a LEO is going to cost his PD and city big bucks for doing something like this to a "law abidding" citizen. I waiting for my deputy neighbor to pull me over like he does others on the road closeby. He's a deputy of another county, by the way, far out of his jurisdiction.
    Retired USAF E-8. Remember: You're being watched!
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  6. #20
    Distinguished Member Array Pro2A's Avatar
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    Quote Originally Posted by jweiss View Post
    Minnesota is apermit to carry state,just went to the state web sight says there's no requirement to conceal may be worn open, yet local LEO'S have told me they would arrest someone [me] for disturbing the peace if they see someone going open carry. comments and suggestions please
    It doesn't matter what they think, all that matters is that it is legal and can be cited in law. It appears you can cite the law and it's legal, so don't worry about what people think.

  7. #21
    Member Array aikidoka's Avatar
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    Quote Originally Posted by jweiss View Post
    Minnesota is apermit to carry state,just went to the state web sight says there's no requirement to conceal may be worn open, yet local LEO'S have told me they would arrest someone [me] for disturbing the peace if they see someone going open carry. comments and suggestions please
    As others have noted, get something to record interactions. A digital voice recorder is a must if one is going to OC. Heck, I saw an ad for a micro digital camera with one hour battery time and thinking about adding that to my hardware.

    I've had two interactions with local LEO since I began to OC. The first went reasonably well considering he thought that the license to carry required concealed carry. But he conceded I may be correct after I explained the research I had done. He asked that I cover up for now until they work out a procedure. I figured he was nice and seemed honorable so this time I covered up. Some months later another interaction probably due to a MWAG call occured. The lead officer was an ass. Even after realizing the license didnt require concealed carry he still berated me about my decision. Claimed my wearing cargo shorts would get me mistaken as a police officer LOL. He wouldn't let me reload in his presence and when I pointed out I couldnt just do it in my car as he suggested because I walked, he said he could impound it for me and I could pick it up later. Unfortunately I did not have the voice recorder at the time but that experience is why I now have one when I OC.

    Oh and the first words one should say to LEO are "am I being detained"?

    Good luck with OC

  8. #22
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    We are open carry state, mostly, but, not worth the hassle unless I'm to be out of town.

  9. #23
    Senior Member Array rljohns's Avatar
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    Quote Originally Posted by mrjam2jab View Post
    and that's why you never ask LEO a legal question.
    I agree with that comment. They most likely have not attended law school or read the law on a regular basis. I hear the most bizarre responses from city cops. I don't think they mean to be so off the wall, it's just that they know what they think the law says and they think makes sense. I hear cops say "they just needed to be arrested". I've heard rumors that some departments request that the LEO contacts the Assistant DA and ask if they will accept the changes before they make the arrest.

  10. #24
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    Quote Originally Posted by Old School View Post
    I am sorry that you were given such rude treatment. The comment about possibly no prosecution but a hard time getting your gun back is really so unprofessional. You may want to contact the city attorney's office and get an official ruling from him in writing if possible.
    It was very unprofessional. I'd probably counter it with something like, "My! That move would sure earn our fine city some incredibly bad, nation-wide press..."

    Of course that wouldn't be very professional, either, but at least I wouldn't be directly arguing with the guy. Given him something to think about, anyway.
    Why is it "shall not be infringed" is among the most misunderstood clauses of our Constitution?

    I'm a Virginia Tech Alum, and that tragedy was avoidable! Even after losing more than twenty bright young minds, they still don't get it. I hope others do, and soon.

  11. #25
    Ex Member Array Deanimator's Avatar
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    Quote Originally Posted by since9 View Post
    It was very unprofessional. I'd probably counter it with something like, "My! That move would sure earn our fine city some incredibly bad, nation-wide press..."
    I wouldn't waste time on "banter". Leave that for "Law & Order".

    Keep it short and sweet.

    Obey the law.
    Carry a voice recorder where lawful to do so.
    Assert your right to obey the law.
    Don't argue, ask if you're free to leave.
    If you're not free to leave, assert your right to remain silent.
    Do not consent to any searches.
    Don't resist.

    If he falsely arrests you, it creates REAL damages and a documentary record of same.

    Pursue ALL of your remedies, both administrative and in civil court.

  12. #26
    Ex Member Array waitin66's Avatar
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    What he really did was threaten to steal your gun

  13. #27
    Ex Member Array F350's Avatar
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    Quote Originally Posted by OldVet View Post
    False arrest = Big $$$. Unlawful seisure = Big $$$. Minus the lawyer's 33%, of course.
    Actually if you go federal civil rights violation, 42 USC 1983 (deprivation of rights), you also have 42 USC 1987 which provides for attorney fees.

    You should also file 42 USC 1985 & 1986 as well. (conspiracy to deprive rights and neglect to prevent for the higher up city officials)

  14. #28
    New Member Array sixgunluvr's Avatar
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    Good Advice

    Quote Originally Posted by Deanimator View Post
    I wouldn't waste time on "banter". Leave that for "Law & Order".

    Keep it short and sweet.

    Obey the law.
    Carry a voice recorder where lawful to do so.
    Assert your right to obey the law.
    Don't argue, ask if you're free to leave.
    If you're not free to leave, assert your right to remain silent.
    Do not consent to any searches.
    Don't resist.

    If he falsely arrests you, it creates REAL damages and a documentary record of same.

    Pursue ALL of your remedies, both administrative and in civil court.
    To say this was good advice would be an understatement.

  15. #29
    VIP Member Array Guns and more's Avatar
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    You have to decide if this is the battle you want to fight. You may be arrested multiple times, have your firearm taken multiple times, in order to make your point. Then all the charges may be dropped, but you still got arrested.
    Funny thing about cops. They don't appreciate someone explaining the law to them, they believe they ARE the law.
    get something to record interactions. A digital voice recorder is a must if one is going to OC.
    Good luck with that. If a cop finds it he will smash it. It will not be allowed in court as you do not have permission to record his voice. (I would do it just to have a record of the incident. Just in case you are accused of saying things you didn't, if you know what I mean.) Keep it hidden.

  16. #30
    Ex Member Array Deanimator's Avatar
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    Quote Originally Posted by Guns and more View Post
    Good luck with that. If a cop finds it he will smash it.
    Actually, I can't remember the last time I heard of a cop smashing a voice recorder in a gun owner interaction. That's called "evidence tampering". I've seen numerous examples of voice recordings of improper police interactions with gun owners and various others.

    Quote Originally Posted by Guns and more View Post
    It will not be allowed in court as you do not have permission to record his voice.
    Ohio is a one party consent state for recording. I can record any conversation to which I am a party, and not only without consent of any others, completely without their knowledge. And yes, it's admissible in criminal AND civil court.

    Check the laws where you live.

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