Career Soldier arrested carrying rifle while hiking
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tricolordad
Banned
They were told to harrass gun owners by the DA.
Master Control
New member
Both handled it unprofessionally.
Master Sergeant Grisham could have exercised his 5th Amendment right, simply state in a respectable and calm tone that He is exercising his constitutional rights by openly carrying his rifle, and concealed carrying his sidearm, he has not broken any law and he does not consent to any search and seizure. "END" conversation from there.
Talking rudely, raising your tone, does not end well.
The supreme court has mention that detention should not last longer than 15-20 minutes, If you keep mouthing off, it prevents the officer from conducting an investigation therefor he should arrest you for resisting a temporary detention.
However, police officers "SHOULD NOT" detain a person without being suspected of a crime unless he is certain that open carry is illegal, the officer can follow him, or also can approach a man with a gun and "ASK" what he's doing walking around with a gun.
"again, simply state You are exercising your constitutional right to keep and bear arms and would like to be sent on his way".
The officer should let you go, if not.. keep your mouth shut, let him do what he needs to do, record the incident if possible and take the complaint to both IA or file a civil suit, there's really nothing your mouth can do to change a mind of a uneducated officer. unfortunately that's just how it works
But do file that civil lawsuit after!
Master Sergeant Grisham could have exercised his 5th Amendment right, simply state in a respectable and calm tone that He is exercising his constitutional rights by openly carrying his rifle, and concealed carrying his sidearm, he has not broken any law and he does not consent to any search and seizure. "END" conversation from there.
Talking rudely, raising your tone, does not end well.
The supreme court has mention that detention should not last longer than 15-20 minutes, If you keep mouthing off, it prevents the officer from conducting an investigation therefor he should arrest you for resisting a temporary detention.
However, police officers "SHOULD NOT" detain a person without being suspected of a crime unless he is certain that open carry is illegal, the officer can follow him, or also can approach a man with a gun and "ASK" what he's doing walking around with a gun.
"again, simply state You are exercising your constitutional right to keep and bear arms and would like to be sent on his way".
The officer should let you go, if not.. keep your mouth shut, let him do what he needs to do, record the incident if possible and take the complaint to both IA or file a civil suit, there's really nothing your mouth can do to change a mind of a uneducated officer. unfortunately that's just how it works
But do file that civil lawsuit after!
Both handled it unprofessionally.
Master Sergeant Grisham could have exercised his 5th Amendment right, simply state in a respectable and calm tone that He is exercising his constitutional rights by openly carrying his rifle, and concealed carrying his sidearm, he has not broken any law and he does not consent to any search and seizure. "END" conversation from there.
Talking rudely, raising your tone, does not end well.
The supreme court has mention that detention should not last longer than 15-20 minutes, If you keep mouthing off, it prevents the officer from conducting an investigation therefor he should arrest you for resisting a temporary detention.
However, police officers "SHOULD NOT" detain a person without being suspected of a crime unless he is certain that open carry is illegal, the officer can follow him, or also can approach a man with a gun and "ASK" what he's doing walking around with a gun.
"again, simply state You are exercising your constitutional right to keep and bear arms and would like to be sent on his way".
The officer should let you go, if not.. keep your mouth shut, let him do what he needs to do, record the incident if possible and take the complaint to both IA or file a civil suit, there's really nothing your mouth can do to change a mind of a uneducated officer. unfortunately that's just how it works
But do file that civil lawsuit after!
Well stated......
GaT
New member
Yes, very well stated, but sometimes easier said than done, I bite my tongue a lot.
it happens, some people get nervous around LEO's.
I OC'd once in fairfax VA inside safeway and a police officer approached me to see ID, i didnt give him a hard time since he asked me nicely and it caught me by suprise, but i told him i really want to buy the stuff i need, if you want my ID now then i'll just have to decline at this time but if you walk with me, i'll share my ID with you.
So he walked beside me, i pulled out my drivers license and my CCW permit, he quickly glanced at them and we just walked talking about his BBQ secrets and he did share his opinion that my serpa holster sucks! and i said his leather holster sucked more! TRUE STORY! haha
The Police officers were responding to an usual situation because they had recieved citizen complaints. Master Sergeant Grisham was walking down a public road with an AR in a tactical sling, his mission was to draw attention and make a point and that is fine. But for him to say he was carrying the weapon to protect himself from lions and hogs and coyotes is just stupid. Bottom line is the cops did not know how to handle the situation and did a poor job. From my perspective, I am retired army (25 years), Master Sergeant Grisham's behavior was not much bettter, it was actually an embarresment. He whined, and refused to answer some straight forward questions with straight forward answers early on when the situation could have been defused. Yes the police should have made their inquiry and sent the MSG and his son on their way. But no one involved acted like they had a clue.
I listened to the "Gun Talk" podcast with the Sergeants interview. He mentioned that the contact started out friendly enough. Then the officer suddenly reach out and attempted to remove his AR without warning. As it was attached to a front sling he couldn't get it loose so threw him over the hood and pulled his handgun on him. Video started sometime after that.
BC1
,
This guy is a crybaby. An ignorant cop isn't negotiating on the side of the road. His anger and behavior is unacceptable. He only buys himself more trouble every time he opens his mouth. He could have talked with the cop and walked away with his gun and pride. Lawsuit? Not going anywhere. Also, the law doesn't allow you to claim self-defense to defend yourself against the police.
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