Crusader103
Member
This is a response I recently sent to a client attorney to give to his own client, and is posted in my latest newsletter. I thought it appropriate to post here for discussion, though I understand it is a bit lengthy.
You may have noticed that the issue of open carry has recently been in the spotlight. While some locales expressly prohibit the carrying of firearms in plain view of the public, others have protections that allow law abiding citizens to exercise such rights. Still others either remain silent or interpret current laws in an ambiguous fashion, leaving those who desire to carry a firearm in open view wondering what the implications may be. Some third parties that otherwise would not enter such a debate, such as the Starbucks chain of coffee shops, have been brought into the issue either by proponents of open carry who choose to gather in such venues or opponents who choose to boycott corporations that follow the letter of the law in allowing open carry.
While the tactical merits of choosing to carry a firearm openly vs. concealed is open for debate, the issue at hand is what implications doing so may bring to the open carrier. Even in the locales where open carry is expressly allowed by law, it cannot be denied that choosing to do so may bring attention to the open carrier. The attention may range simply from an inquisitive view of an indifferent citizen to the overreaction of arriving law enforcement officers having received a frantic call from an unduly alarmed citizen.
Assuming that you live in an area allowing such carry, I encourage you to use the utmost of restraint and courtesy in your interactions with all citizens and law officers. Should you be confronted by a citizen who confronts you in a less than friendly manner you would be wise to simply and calmly express the legality of open carry in one or two short sentences and take the earliest opportunity to excuse yourself from him or her. A statement such as, “Sir, I appreciate your concern but I can assure you that the law allows for a law abiding citizen such as myself to exercise the right to carry a firearm. You have nothing to fear from me.” Do not say anything that may reflect negatively upon you should your actions be called into question. At the same time, if the person is not hostile to your actions but only showing their inquisitiveness, I can see no reason why you should not take the time to enter into a meaningful and informative conversation with them.
If you carry openly long enough you are probably going to encounter a police officer who has either seen you while on patrol or been called to respond to a citizens report. Please keep in mind, if called by a citizen a police officer is really under obligation to speak to you. You should not take it as an affront to your rights when approached. While you may not be immediately informed of whether they had received a call or not, you would do well to interact politely with any officer and follow their directions explicitly. This is true even if they are approaching you of their own accord and not a citizen complaint. Based upon the attitude of the officer by whom you are approached, this may or may not be a good time to inform them of the law in your locale if it appears that they are unaware. While working patrol, I was keenly aware that I did not know all of the laws and was open to conversation with citizens who either led me to something I did not know or who were willing to listen to something I did know. However, I was never open to rudeness, accusations, or argumentative statements. While your job as a citizen is not to bend to every whim of an officer, I would assert to you that the public sidewalk is not the place to debate the merits of their stopping you. If, after the contact, you feel that you were affronted in some manner or your rights violated, don’t hesitate to follow-up with a call to the officer’s supervisor or an internal affairs unit. I cannot stress to you strongly enough though that taking up the issue with the individual officer during the contact is not likely to turn out well for you.
Sometimes when we choose to exercise our rights we must also accept the responsibility that comes with a choice that may appear controversial in the eyes of another. That may very well mean being prepared to defend yourself in court from an unjust accusation. I understand that it is not fair to have to do so but you must realize that the cost of exercising what is viewed by some as a controversial right is not always free. This is a good time to state that while I have carried a firearm openly in the public from time to time, such as when returning home from an IDPA match and running into a station to pay for gas instead of taking my weapon off, I generally make the decision to carry concealed. That is a personal decision based upon my assessment of tactics and therefore not a topic of discussion in legalities. I recognize that while carrying openly I subject myself to scrutiny that might not otherwise have come. In acknowledgment of this I have also taken note of the exact laws of my locale and take extra precautions to appear polite, unimposing, and non-confrontational while readying myself with an appropriate response to law enforcement and citizens alike. Should you make the choice to open carry where permitted by law, I would encourage you to do the same.
Joshua Scott has over 10 years of experience as a police officer, federal agent, military officer, firearms instructor, and court recognized use of force expert. He may be reached at [email protected] or through his website at http://www.OsageCombatives.com
You may have noticed that the issue of open carry has recently been in the spotlight. While some locales expressly prohibit the carrying of firearms in plain view of the public, others have protections that allow law abiding citizens to exercise such rights. Still others either remain silent or interpret current laws in an ambiguous fashion, leaving those who desire to carry a firearm in open view wondering what the implications may be. Some third parties that otherwise would not enter such a debate, such as the Starbucks chain of coffee shops, have been brought into the issue either by proponents of open carry who choose to gather in such venues or opponents who choose to boycott corporations that follow the letter of the law in allowing open carry.
While the tactical merits of choosing to carry a firearm openly vs. concealed is open for debate, the issue at hand is what implications doing so may bring to the open carrier. Even in the locales where open carry is expressly allowed by law, it cannot be denied that choosing to do so may bring attention to the open carrier. The attention may range simply from an inquisitive view of an indifferent citizen to the overreaction of arriving law enforcement officers having received a frantic call from an unduly alarmed citizen.
Assuming that you live in an area allowing such carry, I encourage you to use the utmost of restraint and courtesy in your interactions with all citizens and law officers. Should you be confronted by a citizen who confronts you in a less than friendly manner you would be wise to simply and calmly express the legality of open carry in one or two short sentences and take the earliest opportunity to excuse yourself from him or her. A statement such as, “Sir, I appreciate your concern but I can assure you that the law allows for a law abiding citizen such as myself to exercise the right to carry a firearm. You have nothing to fear from me.” Do not say anything that may reflect negatively upon you should your actions be called into question. At the same time, if the person is not hostile to your actions but only showing their inquisitiveness, I can see no reason why you should not take the time to enter into a meaningful and informative conversation with them.
If you carry openly long enough you are probably going to encounter a police officer who has either seen you while on patrol or been called to respond to a citizens report. Please keep in mind, if called by a citizen a police officer is really under obligation to speak to you. You should not take it as an affront to your rights when approached. While you may not be immediately informed of whether they had received a call or not, you would do well to interact politely with any officer and follow their directions explicitly. This is true even if they are approaching you of their own accord and not a citizen complaint. Based upon the attitude of the officer by whom you are approached, this may or may not be a good time to inform them of the law in your locale if it appears that they are unaware. While working patrol, I was keenly aware that I did not know all of the laws and was open to conversation with citizens who either led me to something I did not know or who were willing to listen to something I did know. However, I was never open to rudeness, accusations, or argumentative statements. While your job as a citizen is not to bend to every whim of an officer, I would assert to you that the public sidewalk is not the place to debate the merits of their stopping you. If, after the contact, you feel that you were affronted in some manner or your rights violated, don’t hesitate to follow-up with a call to the officer’s supervisor or an internal affairs unit. I cannot stress to you strongly enough though that taking up the issue with the individual officer during the contact is not likely to turn out well for you.
Sometimes when we choose to exercise our rights we must also accept the responsibility that comes with a choice that may appear controversial in the eyes of another. That may very well mean being prepared to defend yourself in court from an unjust accusation. I understand that it is not fair to have to do so but you must realize that the cost of exercising what is viewed by some as a controversial right is not always free. This is a good time to state that while I have carried a firearm openly in the public from time to time, such as when returning home from an IDPA match and running into a station to pay for gas instead of taking my weapon off, I generally make the decision to carry concealed. That is a personal decision based upon my assessment of tactics and therefore not a topic of discussion in legalities. I recognize that while carrying openly I subject myself to scrutiny that might not otherwise have come. In acknowledgment of this I have also taken note of the exact laws of my locale and take extra precautions to appear polite, unimposing, and non-confrontational while readying myself with an appropriate response to law enforcement and citizens alike. Should you make the choice to open carry where permitted by law, I would encourage you to do the same.
Joshua Scott has over 10 years of experience as a police officer, federal agent, military officer, firearms instructor, and court recognized use of force expert. He may be reached at [email protected] or through his website at http://www.OsageCombatives.com
