Is checking for a Lisense a valid reason to detain a person? - Page 4

Is checking for a Lisense a valid reason to detain a person?

This is a discussion on Is checking for a Lisense a valid reason to detain a person? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I will say yes, not only is it legal, but also not a violation of your rights. You are doing something that requires "special" licensing ...

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Thread: Is checking for a Lisense a valid reason to detain a person?

  1. #46
    Distinguished Member Array INccwchris's Avatar
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    I will say yes, not only is it legal, but also not a violation of your rights. You are doing something that requires "special" licensing to do so, just like I have to have a CDL to drive for work. I can be pulled over at any time just to have my license and physical checked to make sure they are current. That is fine because I am doing something average people do not. It makes me more conspicuous in public as does open carry. Also if no one else state this, it is LICENSE not LISENSE.
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  2. #47
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    Chris, with a commercial drivers license there is something called an implied consent in DOT regulations. To the best of my knowledge, there is none with a CCW. The logic might make sense, but it is not based in fact.
    Hopyard likes this.
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  3. #48
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    First, it would depend on whether the jurisdiction allows an officer to detain you if you have a gun. Unlike driving or CDL, the subject activity is protected by the constitution (but within the ever changing contours of recent court decisions). And possessing a firearm does not support RAS or PC, so one might argue that a statute the requires you to present is unconstitutional.

    However, in the absence of such a statute, the office will need RAS or PC to detain you. A police officer can't just stop you when you are driving just because he or she wonders is you have a license. There must be a reason to stop you (crimes or vehicle out of compliance, e.g., slow and go, tail light out, swerving all over the road, etc.).

    Think about it. You go to home depot to pick up a toilet gasket, bend over, and you print. A cop sees you. Absent something else (e.g., you fit the description of a thief), why on earth should the office be able to detain you to "check your license?" If a cop can stop you for that, then where does it end? You have your child with you - should the cop be able to demand a birth certificate to make sure you are not a kidnapper (okay, it's not a great analog, but I'm tired, and you get the idea.)
    mr.stuart likes this.

  4. #49
    Ex Member Array F350's Avatar
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    Quote Originally Posted by HotGuns View Post
    Not without a valid reason, which actually brings up a pretty good point.

    Using the DL standard which has already been decided by the courts, it would appear that the Cheif might be in the wrong about telling his officers to stop and check anyone just because they were open carrying.

    It would be easy for a cop so inclined to fabricate an excuse though, and say that someone called in a MWA gun and we need to check it in which case you would have to comply.

    Either way you look at it, it's still a bunch of crap.
    In that case (cop claims MWAG call) file FOIA papers for 911 tapes, dispatch logs etc..... If no record of a MWAG, call file suit, pass go, collect $200.

  5. #50
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    That's certainly easy enough to establish, but really, how many people will take it that far?

    Very few, if any.

    It just aint worth what it would cost and the hassle that it would take, and that is exactly what the Chief is banking on.
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  6. #51
    Senior Member Array The Old Anglo's Avatar
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    Quote Originally Posted by darbo View Post
    Could create a huge new market for those necklace license things the mall ninjas wear!
    Yeah..But don`t forget your Badge and Sash. {HAHA}.

  7. #52
    Distinguished Member Array Lotus222's Avatar
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    I'm going to say that because of the way the permitting system has been established, an officer can legally stop and ask to see a permit for simply openly carrying a handgun (and probably can find a handful of reasons for doing so).

    The problem isn't with the action of stopping and asking for the permit. The problem is the permitting process in general. Why should I be required to go through the hassle of being taxed and licensed for something that is a constitutional right if I have never done anything that should legally revoke me of such a right?

    Driving is a privilege. Firearms are a right. Constitutional carry FTW.

    I say this because I accidentally left my wallet at home today. It's a real bugger when I have to disarm for doing something as simple and stupid as that.

  8. #53
    Ex Member Array MNgunner's Avatar
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    Quote Originally Posted by Lotus222 View Post
    I'm going to say that because of the way the permitting system has been established, an officer can legally stop and ask to see a permit for simply openly carrying a handgun (and probably can find a handful of reasons for doing so).
    I think you're mistaken.

    Federal judge rules police cannot detain people for openly carrying guns - Washington DC gun rights | Examiner.com

    Detained for Open Carry, Portland, Maine 26MAY2012 - YouTube


    Delaware v. Prouse Delaware v. Prouse

    UNITED STATES v. DeBERRY UNITED STATES v. DeBERRY, No.

    Terry v. Ohio Terry v. Ohio

    Brown v. Texas Brown v. Texas | Casebriefs

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