Watch HossUSMC Tell Oregon Police How the Law Works

opsspec1991

Active member
This is just one a many incidents that happen to law abiding citizens in this country.

Video:
 
My first question would have been to repeat what the cop said to me. In other words, I would have asked, "Is the only reason that you are stopping me is for open carrying?" As soon as they said, "yes", I'd let them know that they do not have the authority to do that and if I'm not being detained, then I will be on my way. If they then said that I was being detained, I would ask for what reason. If the cops every say because you are open carrying, go back to the fact that they do not have the authority to do that. Close, to what Hoss said, but not exactly.

Anyone who carries a firearm (OC or CC) needs to know case law Terry vs. OH. From this case, a police officer cannot detain you unless their is reasonable suspicion of committing a crime. Walking down the street open carrying in an open carrying state does not give LEO's reasonable suspicion of committing a crime.

However, loop holes do exist... if there were shots fired recently in that area and you just happen to be there... there's reasonable suspicion (RS)... if there was an armed robbery that happened near there, RS.... if any other crime happened near there recently with a firearm, RS. Therefore, if the officer that stops you doesn't give any sort of reason other than the fact you are carrying as the reason for your stop, throw Terry vs. OH at them and let them know they do not have reasonable suspicion to detain you and you will be on your way.
 
Yes, that was a great video. This is exactly why we need more open carry: we need to change the culture's attitude about this. Of course, cops don't like OC because they want a monopoly on force and are trained to view us mundanes as incipient criminals who jeopardize "officer safety." But I think the real problem is the people, the tattletales who see a non-cop with a firearm and then flip out. Cops respond to those calls and use those reports as justification for being intrusive. When common folks begin to see open carry as normal, cops will not harass OCers. In fact, cops will decrease in numbers - another reason cops don't like OC.
 

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