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