Chief Deputy Brad Stanley of the Forsyth County, NC Sheriff's Office says....

This from the Chief of police in Milwaukee WI

Attachment 64294

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Originally Posted by Tracer

Stanley pointed out that the state does have a law against "going armed to the terror of the people." What that means is you can be charged with a violation if your carrying of a weapon scares the daylights out of folks.

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THAT is the problem. This silly statute allows someone to feel quaky about others carrying firearms, and LE is thus fully authorized to take down upstanding citizens because of it. Totally unjustified, of course. The only way to change it is to stiffen the statutes to specifically proclaim brandishing/menacing as deliberate, intentional waving around a firearm at others in a threatening manner, and to specifically disallow mere carrying in any fashion as grounds for stopping or arrest. Until the gross non-definition of the GATTTOTP statute is erased from the books, harassment of this sort will remain the prerogative of the next anti-gunner who gets hired.

ccw9mm, you have to remember that many of the laws in NC are "Jim Crow" based and will not be changed until forced to do so by a higher power than the typical legislature.

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Originally Posted by Chief1297

The Deputy needs to hit the books in NC to find out what constitutes a violation of the GATTTOTP law. A holstered firearm does not constitute an arrestable offense under that statute. There is case law on this and he should know better.

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You have missed the point . They know the law they have chosen like so many other to ignore it and enforce they own rules. Happens here often.
Milwaukee COP will we take you down arrest you and make you fight to get your gun back.

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Originally Posted by Smitty901

You have missed the point . They know the law they have chosen like so many other to ignore it and enforce they own rules. Happens here often.
Milwaukee COP will we take you down arrest you and make you fight to get your gun back.

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OK, here is another point. If you allow them to get away with it, they will. The police are not allowed to break the law in arresting you. Not only do you fight to get your gun back but you through in false arrest, etc. If citizens say nothing. they get nothing. Just the way it is.

Sure the police have a right to ask you questions. Just as you have the right to ignore them and keep on walking so long as you are not being detained. The best way to stop this type of behavior by officers is to not play their game, stopping and playing along in the interest of being "civil" in cases like this does little other than justify the officers actions in their mind and the behavior will continue.

A simple "Am I being detained officer?" when you are questioned in this manner should be sufficient, and if they insist upon pressing the issue shut up and lawyer up. A couple of lawsuits should correct the behavior and the attitude of the chief deputy I would imagine.

All of this is why I CC. Concealed means concealed. What the LEO doesn't see can't hurt me. You can't help what any one individual does or thinks, but you can work to change laws you don't like. NC now has its first Republican-majority government since the 1880's and I'm hoping they revisit the "carry in establishments that serve alcohol" clause that was defeated this summer.

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Originally Posted by Tracer

In Forsyth County North Carolina the Police have chosen to harass law abiding citizens who choose to exercise their constitutional rights. Its bad enough that the county is doing everything it can to circumvent a new state law expanding concealed carry rights to parks but now they are intentionally trying to threaten OCers with the help of The Winston Salem Journal.

Stanley pointed out that the state does have a law against "going armed to the terror of the people." What that means is you can be charged with a violation if your carrying of a weapon scares the daylights out of folks.



"Most likely, people will call law enforcement and they will confront you and ask why you are walking down Main Street with a gun," Stanley said. "If I see a guy walking down the street and he has a gun, I will be inquisitive."


Action put off on guns-in-parks issue | JournalNow.com

Please read this article and tell me what I missed.

Tracer

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he is a power hungry nutcase, all abt self and throws employees under the bus on a regular basis....
So you know what this is all abt, he's


playing politices with the community leaders of the liberial left in Forsyth County and City of Winston Salem.

Welcome to North Carolina the Kalifornia of the South.

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Originally Posted by ccw9mm

THAT is the problem. This silly statute allows someone to feel quaky about others carrying firearms, and LE is thus fully authorized to take down upstanding citizens because of it. Totally unjustified, of course. The only way to change it is to stiffen the statutes to specifically proclaim brandishing/menacing as deliberate, intentional waving around a firearm at others in a threatening manner, and to specifically disallow mere carrying in any fashion as grounds for stopping or arrest. Until the gross non-definition of the GATTTOTP statute is erased from the books, harassment of this sort will remain the prerogative of the next anti-gunner who gets hired.

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I don't know what the law is there, but "here" ..... brandishing is not seeing a gun, it's using it in an "threatening " manner. Holstered, is not a threatening manner by any means.

Quote:

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Originally Posted by ccw9mm

THAT is the problem. This silly statute allows someone to feel quaky about others carrying firearms, and LE is thus fully authorized to take down upstanding citizens because of it. Totally unjustified, of course. The only way to change it is to stiffen the statutes to specifically proclaim brandishing/menacing as deliberate, intentional waving around a firearm at others in a threatening manner, and to specifically disallow mere carrying in any fashion as grounds for stopping or arrest. Until the gross non-definition of the GATTTOTP statute is erased from the books, harassment of this sort will remain the prerogative of the next anti-gunner who gets hired.

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NC has clear case law on GATTTOTP in State v Huntley. The problem is, people either don't know, don't care, or don't understand. OC in NC is in no way, shape, or form GATTTOTP. Period, end of story. I've been looking for a case of GATTTOTP that has been successfully prosecuted on an OC'r in NC for about 4 years. Nothing. Came close with one, but they changed the charge because GATTTOTP did not fit. And that guy was actually breaking the law. That said, GATTTOTP is routinely used as an add on charge to folks already acting foolish with a weapon.

And Oldvet is spot on with his assessment too. I'm hoping our new leadership might help to work out some of these issues. That last 2 years have been good for us as far as gun laws changing. With another long session coming up it will be interesting to see if we make more progress.

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Originally Posted by OldVet

When the good Chief Deputy and his department have to hand over large sums of cash for lawsuits involving harrassment and violation of state law and constutional rights, he'll get educated in a hurry.

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I like it...OC can be an income producing activity! I hadn't thought of it in that manner. :smile:

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Originally Posted by chiefjason

NC has clear case law on GATTTOTP in State v Huntley. The problem is, people either don't know, don't care, or don't understand. OC in NC is in no way, shape, or form GATTTOTP. Period, end of story. I've been looking for a case of GATTTOTP that has been successfully prosecuted on an OC'r in NC for about 4 years. Nothing. Came close with one, but they changed the charge because GATTTOTP did not fit. And that guy was actually breaking the law. That said, GATTTOTP is routinely used as an add on charge to folks already acting foolish with a weapon.

And Oldvet is spot on with his assessment too. I'm hoping our new leadership might help to work out some of these issues. That last 2 years have been good for us as far as gun laws changing. With another long session coming up it will be interesting to see if we make more progress.

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This says my point in a lot of threads, such as the "inevitable" lawsuit everytime you defend yourself with a firearm and such. Yes, the possibility exists, but I don't find the reality of it supported.