The Open Carry Argument - Page 63
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Thread: The Open Carry Argument

  1. #621
    Quote Originally Posted by DEFCON727 View Post

    Walking around in open carry will certainly draw attention and most likely a visit from the COPS. I do not blame them, they must respond, especially nowadays.
    The rest of your post has already been discussed in the OP, however this line requires attention.

    The police may respond, and they may want to talk with you, but barring any illegal activity on your part you DO NOT need to talk to them. Walk away.

    In other words, if you are not breaking a law like shoplifting, assault, etc, and the only reason the police were called is because your pistol was visible to someone, it would be illegal for the police to detain you. (detain means seize, or prevent you from leaving)

    It's important to know this whether you open carry or conceal carry. It's called a Terry Stop, and the police have restrictions on when and how they do it. Learn it even if you don't open carry because it's pure foolishness to be ignorant of that law.

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  3. #622
    Sounds to me like this “Terry Stop” is legal, and “walking away” as you put it, sounds like a bad idea.

    Although I recognize the pros of open carry, especially out in the country- away from society, this is just more reason for me to conceal carry is simply from not being harassed. I don’t want anybody to know I’m carrying until that moment comes up.

    But as I said; you carry open, I’ll carry concealed when I’m in public. They both have their pros and cons, no matter what you say. There absolutely really is no need to argue and bicker about one method being better than the other one because their isn’t one.


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  4. #623
    Quote Originally Posted by corneileous View Post
    Sounds to me like this “Terry Stop” is legal, and “walking away” as you put it, sounds like a bad idea.
    I don't think you get it.

    For the police to detain you (keep you from leaving and demand answers) they have to have reasonable articulable suspicion that you are involved in a crime. The key word here is 'crime'. If your carry is lawful they cannot detain you merely for doing so. You do not have to speak to them, and it's a good idea not to. Yes, if they are not detaining you you may walk away. When open carry was a daily thing for me I did so on several occasions.

    So if I'm openly carrying four pistols on my belt and wearing a tu-tu, while it may be weird and even a tad suspicious, the officer would have to be able to articulate a crime he has a reasonable belief I have violated, am currently violating, our will violate, in order to detain me. He can't use a hunch, he can't cite it looks odd, it doesn't matter that soccer mom called and complained; he MUST be able to cite a specific crime.

    Again, as a gun owner it is imperative you know what your rights are regarding police stops, and foolish to assume you don't need to.

  5. #624
    Quote Originally Posted by Mainsail View Post
    I don't think you get it.

    For the police to detain you (keep you from leaving and demand answers) they have to have reasonable articulable suspicion that you are involved in a crime. The key word here is 'crime'. If your carry is lawful they cannot detain you merely for doing so. You do not have to speak to them, and it's a good idea not to. Yes, if they are not detaining you you may walk away. When open carry was a daily thing for me I did so on several occasions.

    So if I'm openly carrying four pistols on my belt and wearing a tu-tu, while it may be weird and even a tad suspicious, the officer would have to be able to articulate a crime he has a reasonable belief I have violated, am currently violating, our will violate, in order to detain me. He can't use a hunch, he can't cite it looks odd, it doesn't matter that soccer mom called and complained; he MUST be able to cite a specific crime.

    Again, as a gun owner it is imperative you know what your rights are regarding police stops, and foolish to assume you don't need to.
    You seem to live in a perfect world, where cops know what is legal and what is not, and will honor that. Many cops have their own interpretation of the law, and bad cops simply ignore the laws and your rights.... we see examples in the news daily.

    Sure in the end, after arrest, time in jail, lawyer fees, years getting into court, you may prevail, but even that is not a guarantee.
    “Religion is an insult to human dignity. Without it you would have good people doing good things and evil people doing evil things.
    But for good people to do evil things, that takes religion.” ― Steven Weinberg

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