Guy Carries Gun Open And Legal, Cites Law & Cops Backdown?

by ~ The Rebel ~ Posted 2012/06/23 01:05:59

Related Topics: Google, CD, Crime, Video, Law, Legal, Ohio, Open, once, Without, Firearm

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In an incredible video a man is stopped for carrying a firearm openly and legally in Portland Maine.

Because people have a problem with someone carrying a firearm in public does not make it illegal, nor does it give police the authority to detain someone for doing what is legal.

The gentleman cites Delaware v Prouse for being detained without suspicion of any criminal activity.

He then cites US v DeBerry to demonstrate the officer’s reason for detaining him was illegal.

Terry v Ohio is cited because the officer seized his weapon with no reasonable suspicion that the man in question had actually committed a crime.

Finally without reasonable suspicion of committing a crime, the officer then asks for the
man’s ID which violates Hiibel v Nevada.

Once the officer’s supervisor arrived, the man appealed to him for his weapon and was given it back and on his way.

CHUCK 2012/06/23 01:42:41

+6
WE STILL HAVE THE SECOND AMENDMENT.. THANK GOD

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Tennessean 2012/06/24 01:03:50

+1
In Tennessee, a carry permit is issued, not a concealed carry permit, just a carry permit, so the holder has the option to carry concealed or open.

BTW, I prefer concealed, so the criminals never know who is armed, and who is not.

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Torchmanner ~PWCM~JLA 2012/06/23 18:26:44

+1
The Brady Bill was the reason for this stop.

EVEN THE BRADY BILL IS UNCONSTITUTIONAL. The 2nd Amendment does not say that if you have committed a crime AND PAID YOUR DEBT (monetary or incarceration) that your right to bear arms can be infringed.

There is ALWAYS an excuse for non-thinking people to infringe upon that right.

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Wolfman 2012/06/23 15:35:37

+3
According to the Second Amendment, we all have a right to bear arms, uninfringed. That means no license, no training, no course, no good-ol'-boy, open or concealed. This man shows courage.

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Dwight-AFCL>dogsbody 2012/06/23 15:19:36

+4
I applaud the gun owner for knowing his rights and standing fast on them. Plus showing restraint.

I will not condem the young officer beyond agreeing that he, and likely most other officers on patrol, need to be better educated on these matters. This is a concern for all of us when most people have little or no knowledge of the law.

Which only allows Lawyers to get richer off our ignorance.

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cowboy 2012/06/23 13:49:18 (edited)

+3
I am glad it ended well. I wish open carry was legal in ALL states. Here, I carry concealed with a legally obtained license and it is a pain to make sure the that the gun does not "imprint" during the summer do to lack of a jacket.

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Lady Wh... to cowboy 2012/06/24 11:11:09

+1
"I wish open carry was legal in ALL states...."

DITTO

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Dagon 2012/06/23 06:23:10 (edited)
Nam Era Vet #1 DNA TLC 2012/06/23 03:58:02

+5
A holstered weapon is not a threat. What is wrong with those neighbors?

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Marek 2012/06/23 02:57:30

+3
The police should never harrass people with guns just because they have and carry them. I suppose that is why one need permit for carrying cancealed weapon and not when it is readily visible. The openly carried weapon does not require such permit. The Constitution is the permit.

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rocat 2012/06/23 02:00:18

+3
where do these officers get trained???

something somewhere ...
in that process...
is very not right-

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CHUCK 2012/06/23 01:42:41

+6
WE STILL HAVE THE SECOND AMENDMENT.. THANK GOD

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Dagon to CHUCK 2012/06/23 06:18:32
CHUCK to Dagon 2012/06/24 19:20:15

+2
BETTER SAFE THAN SORRY..

TRANSPARENCY OUT THE WINDOW..

http://www.sodahead.com/unite...

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Lady Wh... to CHUCK 2012/06/24 11:11:48

AGREED!

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Metaldane 2012/06/23 01:32:50

+1
This is nothing new this has been happening forever the dude is allowed to carry the gun and it's part of the cops job to make sure he ain't doing it as part of a plan or something itd be complete stupidity not to check him out though I do think here should be some limits because there's no reason to open carry say an ak47 I guess if you can't for some odd reason get a concealed carry permit you can open carry even if it is a tactical disadvantage to do so.

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I. Car Rus 2012/06/23 01:22:03

+4
One has the right to carry a weapon, openly and unconcealed in our state. But, you do NOT have the right to take it onto private property other than your own if the owner objects. In other words you can't carry it into Walmarts or the grocery store or an office if the owner or manager objects to it. On the street, in your car is fine. Must be in plain sight, however. I carry concealed, but then I have law enforcement exemption.

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Marek to I. Car Rus 2012/06/23 03:05:02

+1
So, unless there is readily visible sign that forbids bringing an openly carried weapon into Walmart or an employee does not come and say that guns are not permitted then it is legal to go in with the gun. Is that right?

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Tennessean to I. Car Rus 2012/06/24 01:06:40 (edited)

+2
Walmart has no policy against concealed carry, but does not allow open carry because some shoppers show concern when they witness an individual carrying openly.

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I. Car Rus to Tennessean 2012/06/24 01:39:48

+1
I think that's a damned good policy. You get some half-cocked vigilante in there who draws a bead on a shoplifter and kills an innocent bystander. Yup, good policy.

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Tennessean to I. Car Rus 2012/06/24 03:52:42

+1
You must remenber that we are only allowed to use deadly force to prevent death or seriously injury, to ourselves or others, and shoplifting does not qualify.

Walmart's policy is that if your friearm becomes visible, they will ask you to conceal it or leave the store.

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~ The Rebel ~ 2012/06/23 01:06:33

+4
Not only should the officer learn these laws so that he will not violate them, but gun owners need to know these laws to protect themselves.

http://freedomoutpost.com/201...

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