Anyone (else) been charged with Carrying a Concealed Weapon while OCing?

This is a discussion on Anyone (else) been charged with Carrying a Concealed Weapon while OCing? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; After getting charged with carrying a concealed weapon this weekend while OCing, I was wondering if anyone else had had this problem. The arresting officer ...

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Thread: Anyone (else) been charged with Carrying a Concealed Weapon while OCing?

  1. #1
    Member Array calynn's Avatar
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    Anyone (else) been charged with Carrying a Concealed Weapon while OCing?

    After getting charged with carrying a concealed weapon this weekend while OCing, I was wondering if anyone else had had this problem. The arresting officer said the only way to OC was to have your gun/holster strapped to the top of your head so that it would be visible from 360 degrees. Yep, seriously.

    Yes, this is in NC where OC is legal (and generally well accepted) I'll post up details when the lawyer clears it.

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    VIP Member Array tkruf's Avatar
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    Sounds like that LEO's common sense has taken a leave of absence. What an idiot.
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    Senior Member Array Chief1297's Avatar
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    I am a little curious as to how this one turns out. Please keep us updated on what happens. I am in cumberland county and recent got my CHP. I really got it just to prevent this very issue and to be able to carry it in the car without having to have it visible. Seems strange that someone would make that type of comment and maintain a straight face. If it was concealed, how did he see it?
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    Member Array calynn's Avatar
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    My point exactly. There was a witness on scene too that was "petrified" when she saw my "concealed" weapon...

    Don't even have a weapon now, as they seized it until court (Dec) sooo......

    I will keep you all informed

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    Wow...when you win the court case...hope you have a good lawyer, I would sue the crap out of that dept and officer, then donate any proceeds to a gun organization of some kind.
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    Member Array mandalitten's Avatar
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    Does that mean in NC you don't need a permit to OC, but a permit to CC (which I assume you don't have)?
    I am curious about how was it carried at the time since the cop considered it to be CC, can you please explain?
    I am sure there is case law on this issue in NC that should clear up any 'misunderstandings' by the cop.
    I agree it's nice to always carry a camera with you and that's why I always have one of my hot buttons programmed on my cell phone to record if I should get in a similar situation.
    Knowing the law and the definition of what's OC is also important, which is demonstrated by this guy: http://www.youtube.com/watch?v=5FWXnK5UyRI
    Please keep us posted!

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    VIP Member Array tkruf's Avatar
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    Distinguished Member Array Spec's Avatar
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    A question I would have loved to ask because it has happened here in Detroit is "Officer if mine is 'concealed' right now, and yours is 'concealed' right now, how come I can still see yours and you can't see mine?
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    Those guys acted like a couple of d-bags and THEY where escalating the situation! Why not just give the officer your id and he would probably just let you be on your way. Seems like he was out walking aroind looking for trouble....idiot

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    Member Array tkirk's Avatar
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    What a bummer.....although NC open carry laws allow OC while in a motor vehicle under certain conditions, the law states: "May be allowed"....not "Will be, or Shall be allowed!" It is my understanding that certain localities within that State may preclude OC under certain conditions under the so-called "home rule" clause. This is precisely the reason I leave my weapons at home in Ohio when visiting that State, especially when in the juristiction of the "triangle"..... Ralaigh, Durham, and Chaple Hill....there is so much State-owned property in those areas that preclude both OC & CC. I just cannot take the chance on having my CC license suspended or revoked because of my ignorance of State owned NC property, nor am I willing to spend a fortune in legal fees to get my confiscated weaponry back. When it comes to gun rights, NC is a very paranoid State. Good luck on your pending legal case & keep this forum updated on its outcome.

  12. #11
    Distinguished Member Array Spec's Avatar
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    Quote Originally Posted by Trav View Post
    Those guys acted like a couple of d-bags and THEY where escalating the situation! Why not just give the officer your id and he would probably just let you be on your way. Seems like he was out walking aroind looking for trouble....idiot
    NO, those Liberty guys are hard core Freedom lovers and I agree with most of their stuff.
    No if you listen they were all going to the bar/pub whatever to get together with friends when he was stopped. and having a gun on you is not probable cause for a Officer to stop and question you. Thats like you walking your dog down the street and a officer who doesn't like dogs stops you and wants to know who you are and give me your ID... for what? I'm just walking my dog, not doing anything illegal.
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    Member Array Trav's Avatar
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    I guess with my mode of thinking, i would probably just let him see my id. Mabye i look like someone he IS looking for and by proving im not, we can both be on our way. But i guess thats what created the stir in arizona with checking papers because someone might look illegal.

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    Member Array mandalitten's Avatar
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    I agree with the previous post, these guys were not looking for trouble. You notice that the video recording doesn't start right away so that tells me the cops were not set up. I don't know what the law is in your state, but I know that in RI you do not have to answer any questions if "stopped for questioning". There has to be probable cause that a crime has been committed for him to do more. In this case I think it's clear that there was no probable cause here, but he was not free to go.

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    Quote Originally Posted by Spec View Post
    NO, those Liberty guys are hard core Freedom lovers and I agree with most of their stuff.
    No if you listen they were all going to the bar/pub whatever to get together with friends when he was stopped. and having a gun on you is not probable cause for a Officer to stop and question you. Thats like you walking your dog down the street and a officer who doesn't like dogs stops you and wants to know who you are and give me your ID... for what? I'm just walking my dog, not doing anything illegal.
    Quote Originally Posted by mandalitten View Post
    I agree with the previous post, these guys were not looking for trouble. You notice that the video recording doesn't start right away so that tells me the cops were not set up. I don't know what the law is in your state, but I know that in RI you do not have to answer any questions if "stopped for questioning". There has to be probable cause that a crime has been committed for him to do more. In this case I think it's clear that there was no probable cause here, but he was not free to go.

    Except an officer does not need probable cause to stop you. He needs reasonable suspicion. Its two different things with different definitions.
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    Well I listened to the first 45 seconds of the recording and quit. I listened right up to the point where the guy says "I am not required to give you indentification" and the officer agrees and states "I know that I am asking you to cooperate" and the guy refuses. At that point any sympathy, empathy or interest went right down the tubes.

    I don't know what happened past this point nor does it make any difference to me. Everyone preaches how they want the respect and acknowledgement of LE in regards to carrying a weapon, regardless of how, and then they pull a stunt like this to further the cause of liberty. Yeah ok.

    Consider to this recording I believe it said from 2007 so a little dated but still makes the point. You want attention, you got it, but don't whine about it when it does not go your way. To the OP wish you luck in getting all of this straight I wasn't there so don't know what happened.
    "A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013

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