Now THIS is a LEO encounter!
- Thread starter cabrera
- Start date
Hammerhead
Outta my mind, back soon.
Seems to me that the officer(s) didn't hassle him more than was required, even giving up on the ID issue when he refused. I'd say +1 for the officer(s) for a good stop and a sense of humor.
Unfettered Might
Μολών λαβ&
You know, I've been teetering on the fence on this subject for a while now. My state doesn't have a stop and identify statue either, but do I really care if they want to ID me JUST to make sure i'm not a felon. Yes I know statistically felons would hide their firearm, but nothing like that is a guaranteed constant. If asked, I would probably comply with identification, but I wont say that anyone else should have to.
The parts I do have a problem with is him taking his weapon and frisking him for other weapons when no evidence existed that he had or was about to commit a crime. The SCOTUS even worded in their ruling on Terry stops, that the simple possession of a firearm does not, by itself, provide RAS that one is about to commit a crime. I don't care if it's for the officer to feel safe, if they want to feel safe, find a different job.
So all in all, I'd say the encounter went well. The LEO didn't try to intimidate the person for more information and once the person stated their rights and the lack of a state requirement to ID, the LEO respected those boundaries. He had a good demeanor and even cut up with the guy, shook the guys hand and left him alone.
The parts I do have a problem with is him taking his weapon and frisking him for other weapons when no evidence existed that he had or was about to commit a crime. The SCOTUS even worded in their ruling on Terry stops, that the simple possession of a firearm does not, by itself, provide RAS that one is about to commit a crime. I don't care if it's for the officer to feel safe, if they want to feel safe, find a different job.
So all in all, I'd say the encounter went well. The LEO didn't try to intimidate the person for more information and once the person stated their rights and the lack of a state requirement to ID, the LEO respected those boundaries. He had a good demeanor and even cut up with the guy, shook the guys hand and left him alone.
Unfettered Might
Μολών λαβ&
I agree it's stupid. But if your not the primary point of attack for a criminal, you would have time to load, so I guess it's better than nothing.
Treo
Bullet Proof
If that was your only option would you take it?
You do the best you can
I have to add that the fact that they are (apparently) both Marines changes everything . Being a Marine is like being a Mason you go the limit for a fellow Marine
uscg4good
New member
Ok, but what reason did the LEO have for making the stop in the first place? Just openly carrying a firearm is not reasonable articulable suspicion to stop someone, disarm them, and frisk them. The cop should have kept driving and found a REAL criminal somewhere. I'm so tired of seeing these stories of OCers getting harrassed for OC. It's proposterous.
uscg4good
New member
Oh please...how about they are both American citizens protected by the U.S. Constitution. Being a citizen means you stand by, defend, and uphold the document like any other man would. Oorahh!
Treo
Bullet Proof
Hate to break it to you but California law provides that an officer can do exactly that. In Califorina it is illegal to to openly carry a loaded firearm and the law also allows the police to inspect your firearm to ensure that you are in compliance W/ that statute.
I don't like it but it is the law
OldOwl
New member
Treo,
To me an empty gun is just a club. For that I would carry a walking stick with a thick shaft and a knurled handle.
SWEET! I have a BUNCH of sticks like that! I'll trade you for all your unloaded guns! :biggrin:
cabrera
New member
Desert Dude
New member
And I guess you always open carry every day in every place it is legal?
And you never look at someone who has a gun on his hip?
And you never wonder just what's up with the guy and his gun walking toward you?
Come on. When I spot a gun I go on defense. Automatically, without a doubt, every time.
If the police did not harass this guy it's a good thing, since they had no reason to. The police are learning just as we are.
I live in California and have one of the 45 thousand or so CCW permits. Let's take the good from this story and try not to insert all our rights and bold statements of why the police should not check this fellow out.
(Not directed at you) It's very easy to huff and puff on a computer. It's a different thing to walk down the street everyday with a gun on your hip. My hat's off to the OP and the LEO.
Treo
Bullet Proof
I don't always open carry but when I do it's a non event.
If I notice someone w/ a gun on his/her hip I'm generally pleased that some one else "gets it" It has never occurred to me to "go on the defensive"
uscg4good
New member
Completely agree!!
Desert Dude
New member
I always CC unless going on Base. It's a non event for me also. But remember, he was in California. Here it has been, and still is, a big event. I agree, it should not be. But it's getting much better. The Police are learning to deal with it. And open carriers are learning to deal with it.
I am generally pleased as well when I see open carry. But I am ALWAYS very cautious. "On defense" may sound a bit harsh, but I'm going home every night.
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