Question for Open Carriers

[greywolf444]

I forgot that I was still wearing a holster when I entered a Quiktrip in North Kansas City. While getting my large Dr Pepper I found myself surrounded by NKC officers, I was escorted out and my car searched. Gun was in a case in the trunk. They were professional but very stern about it. Suggested that I disassemble my 1911 when driving. All over a holster which was visibly empty.

 

[NavyLCDR]

NKC? Nevermind. North Kansas City..... Duh! What grounds did they have to do anything at all about an empty holster? It's not illegal to carry an empty holster ANYWHERE! School zones, post office, federal buildings.... let alone a Quiktrip. You were seriously violated.

 

[jhco50]

I was reading this thread and had to laugh. I'm from Colorado too and was stopped with a .45 on my seat in open view, although that really had nothing to do with the story.

My wife and I were going to Pueblo to work on our rental house, which we have not been able to rent because we can't keep the kids out of it...sigh. We were in the left lane of the highway and doing the speed limit. A cop pulled us over and walked up to the door in an irate manner. He ask me why I was driving in the left lane. I looked at him and said, "I don't know". No excuses, just a statement that threw him off. He looked at me, turned around and walked off. My wife and I laughed about that for weeks.

 

[NukemJim]

In the case of recording an encounter with a LEO please check your states laws for electronic recording, the laws vary widely.

I am aware of a case in Illinois where an arrest was made of someone videotaping someone elses encounter with the police. The charge was the the recording of the audio portion of the video tape. In Illinois BOTH parties must know and consent to the recording for it to be legal.

Most states have more rational laws in regards to wiretapping, many allowing audio recording outdoors or when only 1 person knows the conversation is being recorded and I believe that in the majority of states making such a recording would not not be illegal.

But it would really suck to have an encounter with LEO, be correct on open carrying, and then be arrested for recording the ecounter with your reason for recording was to avoid being arrested.


I am not a lawyer and as always could be wrong.

NukemJim

 

[Jumping Frog]

In the case of recording an encounter with a LEO please check your states laws for electronic recording, the laws vary widely.

I am aware of a case in Illinois where an arrest was made of someone videotaping someone else's encounter with the police. The charge was the the recording of the audio portion of the video tape. In Illinois BOTH parties must know and consent to the recording for it to be legal.

That is a valid point. I agree with knowing the laws in your state.

However, even in states which require both parties to be aware of the recording, one can also raise the issue that a police officer acting as a public servant, in public, in the performance of public duties, has no expectation of privacy.

And they shouldn't have any privacy when confronting and arresting someone.

 

[bthr22]

I can't carry yet here in Ohio, but in anticipation of being of age to carry, I've been discussing different methods of carrying. OC, CC, ITW, etc. I have heard that, while it is completely legal to OC in Ohio, police can still hassle you and charge you with stuff like disturbing the peace and inciting panic and stuff like that. Does anyone know the validity of this kind of thing?

 

[jerryv]

alabama is an open carry state but in some towns if the police get a report of a man with a gun the cops will come and that person gets arrested for disturbing the peace.
i read recently that there is legislation pending that will prevent this type of arrest here.

 

[Big Boy]

Dude you got screwed. The unfortunate part, you're the one who let it happen. Cops don't do anything wrong as long as you are the one letting them do it. Even if you feel like they are "telling you what to do" if you are complying, you are the one allowing them.

Wearing an empty holster is no different than wearing a hat. It means nothing. They had no reasonable suspicion of a crime and therefore no reason or right to stop and question you.

Had you asserted yourself (which I know can be hard if you don't know the details of the law) you could have been out of there without another question in 10 seconds. Unless you had a utterly ignorant cop, which at that point you'd have a law suit.

Unfortunately though they didn't violate your rights. YOU GAVE THEM UP.

 

[NavyLCDR]

Just a reminder...

Everything before post #31 is more than a year old!

 

[Lou McGopher]

Have a voice recorder, or a smart phone capable of streaming live video to the internet (Qik, JustinTV, UStream - make sure to lock the screen after starting recording).

Have snippets of relevant laws on a card or paper you carry in your wallet. I made one up for myself for here in Ohio. I have snippets on Ohio firearms laws, snippets regarding violation of civil liberties (e.g. color of law), and snippets regarding inducing panic and disorderly conduct.

I carry snippets of the following on a folding card in my wallet:

• ORC 9.68 - Right to bear arms - challenge to law
• ORC 2917.11 - Disorderly conduct
• ORC 2917.31 - Inducing panic
• ORC 2921.45 - Interfering with civil rights
• 18 USC § 242 - Criminal action for deprivation of rights
• 42 USC § 1983 - Civil action for deprivation of rights

Study the law. Know the law. Do your best to memorize it. Be able to recite as much of it as you can. Know your rights. Know what you have to say and do, and what you don't. Being able to calmly and confidently respond to such a confrontation, and being able to document it can only help you out in such a situation.

 

[klutchless]

They cannot arrest you for oc in Ohio. You cannot induce panic by having a holstered sidearm.This is a tactic used commonly to employ LEO personal beleifs and not laws.You are not responsible for other peoples actions.[man with a gun calls]If you are not doing anything wrong do not act like you are.It is weird to talk to a officer with a certain amount authority but often is needed to keep you from being illegaly detained or hasseled.You may get blind sided by the number of ccw permit holders who think you are doing somthing wrong because they don't know the law either.Keep your confidence keep your demeaner if you are in the right know it.