Appropriate police response??

[ClearSightTactical]

A friend and I had a little debate yesterday. I'd like your opinion.

A person is carrying a firearm openly inside of a restaurant- say Subway. The person is standing in line like everyone else. When another patron notices the firearm he/she becomes scared and casually walks off. Unknown to the person who's carrying that another patron is calling the Police.

The patron who has decided to call the Police calls 9-1-1 and the following happens:

911 where is your emergency?
At the subway on Main street.
What's going on over there?
There is a man with a gun inside.
Has he shot anyone, is anyone hurt?
No,
What is he doing right now?
Standing in line
What is his description?
Gives description....
Stay on the line with me until officers arrive...
Ok, officers are here.
Phone call disconnected...

Police confront the armed sandwich monger and what SHOULD be the outcome here? OR should officers respond at all?


PS- No nothing like this has happened to me, its seriously hypothetical.

[Jim_Macklin]

How about these Q&As

Where is the gun? In a holster.

What is the man wearing? A blue uniform with a badge.

How is the man dressed? A long coat and a mask. Bingo, we have a winner.

[ClearSightTactical]

Originally Posted by Jim_Macklin

How about these Q&As

Where is the gun? In a holster.

What is the man wearing? A blue uniform with a badge.

How is the man dressed? A long coat and a mask. Bingo, we have a winner.

lol not in a uniform, not wearing a mask, and the weapon is in a holster!

[Ga9mm]

Assuming all the bases are covered (legal open carry, etc...) I would understand if there was a police response. I would hope that it wouldn't be more than an officer driving by, looking in the window to assure that everything is the way it should be, and then moving on (assuming he wasn't hungry). Anything any further would be uncalled for, though. Some people just aren't comfortable being around firearms. Their choice. I'm not comfortable being in restaurants and such with loud music, therefore, I don't go. In your scenario, that person did the right thing, to an extent. They weren't comfortable being around an armed individual who was excercising his/her rights and being totally legal in every way, so they left. Calling the police would be a bit much, IMO. No wrong was done, no need for LEO.

[2beararms]

You do not give the state of the scenerio as it certainly make a difference if open carry is legal or not. Here in Florida, he would be committing a crime as open carry is illegal so approach and arrest would be logical.

If the incident was in a state where open carry requires a permit, then again approach and verification of the permit would be logical.

In any case, the police ARE going to respond to the complaint. I do not feel that the carriers rights are being violated for the officers to approach and verify that he is simply carrying legally (without delaying his time in line of course). This simply has the additional effect of letting know both the carrier and everyone else that the police are there just in case the carrier had any other intent (though open carrying to a robbery is hardly the norm).

I, for one, support the police in their attempts to approach and verify and do not consider that an violation of my rights provided it is carried out with respect and undue theatrics.

On the other hand, if they order the guy to the ground at gunpoint, as we know has happened, then that I do see as well beyond the scope of duty.

[ClearSightTactical]

Originally Posted by 2beararms

You do not give the state of the scenerio as it certainly make a difference if open carry is legal or not. Here in Florida, he would be committing a crime as open carry is illegal so approach and arrest would be logical.

If the incident was in a state where open carry requires a permit, then again approach and verification of the permit would be logical.

In any case, the police ARE going to respond to the complaint. I do not feel that the carriers rights are being violated for the officers to approach and verify that he is simply carrying legally (without delaying his time in line of course). This simply has the additional effect of letting know both the carrier and everyone else that the police are there just in case the carrier had any other intent (though open carrying to a robbery is hardly the norm).

I, for one, support the police in their attempts to approach and verify and do not consider that an violation of my rights provided it is carried out with respect and undue theatrics.

On the other hand, if they order the guy to the ground at gunpoint, as we know has happened, then that I do see as well beyond the scope of duty.

I'm sorry I should have put more detail in the OP. It would be in a state where open carry is legal and no permit is required.

I don't see how its justified to "verify he is carrying legally". Do you mean by running his I.D? If so, I think that is a violation of 4th amendment rights.

Would it be OK to stop a driver to see if they have a license?

[2beararms]

Originally Posted by ClearSightTactical

I'm sorry I should have put more detail in the OP. It would be in a state where open carry is legal and no permit is required.

I don't see how its justified to "verify he is carrying legally". Do you mean by running his I.D? If so, I think that is a violation of 4th amendment rights.

Would it be OK to stop a driver to see if they have a license?

Yes... happens all the time ... they call them checkpoints and they stop and check either every vehicle or random stops for license, sobiety, etc. The same thing with boats called Safety Checks done both by local LEO and Coast Guard.

I do not understand the mentality that "no one is going to ask me anything" unless you have something to hide.

[ClearSightTactical]

Originally Posted by 2beararms

Yes... happens all the time ... they call them checkpoints and they stop and check either every vehicle or random stops for license, sobiety, etc. The same thing with boats called Safety Checks done both by local LEO and Coast Guard.

I do not understand the mentality that "no one is going to ask me anything" unless you have something to hide.

Check point constitutionality is being questioned in my state. That's taking it in a different context. That is where ALL drivers of a certain road are being stopped, not one who has a spoiler on a sports car...

Also, check points must be publicized and announced with ample advanced notice to drivers. As far as safety checks, when you register your boat you consent to safety checks (in NM anyway). You can't have a boat in the water that is unregistered, and you can't register without giving consent...(I know because I have a boat...)

I've seen nothing in the NM or US Constitution which implies consent when you carry a firearm.