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Started By
Message
re: Open Carry - I have a question
Posted on 2/25/13 at 10:35 am to burgeman
Posted on 2/25/13 at 10:35 am to burgeman
quote:
I would want to see an id just to make sure he is not a felon or warrants
If that was the case I guess Cops can setup at an exit of any location and check everyones IDs as people walked out.
Cop can ask and you can refuse. Can be nice about it and still discus the current situation like two civilized people and then be on the way.
Posted on 2/25/13 at 10:53 am to Crawdaddy
quote:
I guess Cops can setup at an exit of any location and check everyones IDs as people walked out.
Posted on 2/25/13 at 10:57 am to Crawdaddy
quote:
Why would one give an ID for this if all was leagal?
Because he asked for it.
I get where you're coming from, but it's just a cop and they're hard wired to immediately ask for your ID 100% of the time they stop somebody for any reason. I've shown my ID to cops when they've asked for it when I was being legal. I don't like getting confrontation instantly out the gates.
Posted on 2/25/13 at 10:58 am to CBLSU316
I'm not a big fan of being asked for my papers on the street.
Posted on 2/25/13 at 11:06 am to DownshiftAndFloorIt
I will gladly show them my ID and my birth certificate if they will start checking everyone and shipping out those that dont have them.
Posted on 2/25/13 at 11:10 am to DownshiftAndFloorIt
quote:
I get where you're coming from, but it's just a cop and they're hard wired to immediately ask for your ID 100% of the time they stop somebody for any reason.
Problem is that we as citizens have allowed them to over step their authority by giving into whatever they say. Cops asks for your ID, simply refuse and walk away. If he has no reason to believe you may be breaking the law he can't just ID you for walking down the street.
quote:
I don't like getting confrontation instantly out the gates.
If you do as I stated above you will most likely have a confrontation, therefore I undersatnd why most just show them the ID. Point is, he's out of line for asking for the ID, but I can't fault most people for simply showing it to avoid any confrontation.
Posted on 2/25/13 at 11:17 am to treble hook
quote:
Problem is that we as citizens have allowed them to over step their authority by giving into whatever they say.
I agree.
Posted on 2/25/13 at 11:17 am to burgeman
quote:
I would want to see an id just to make sure he is not a felon or warrants
Can't we just assume he's not a felon and has no warrants?
Posted on 2/25/13 at 11:21 am to treble hook
quote:
Problem is that we as citizens have allowed them to over step their authority by giving into whatever they say. Cops asks for your ID, simply refuse and walk away. If he has no reason to believe you may be breaking the law he can't just ID you for walking down the street
I think the prob is, certain cops are on a power trip and will push the issue, even make up a reason they had to do so, if you werent doing anything wrong. Ive had a cop want to search my truck because I was "driving too close to the white line" at night. Not, crossing it, swerving over it or driving on it... driving close to it. I was taught to drive defensive and stay closer to the white than the yellow. He just saw a young guy on a Sat night and wanted a reason to harass me.
Posted on 2/25/13 at 11:49 am to Crawdaddy
quote:
If that was the case I guess Cops can setup at an exit of any location and check everyones IDs as people walked out. Cop can ask and you can refuse. Can be nice about it and still discus the current situation like two civilized people and then be on the way.
Are license and auto insurance checks proper? Can you refuse to show your id at these?
Posted on 2/25/13 at 12:01 pm to Ambassador
quote:
Are license and auto insurance checks proper? Can you refuse to show your id at these
Many say yes you can refuse. Reason being is what was done wrong to stop and ask for ID. If nothing is wrong, then no need to show ID.
Police need Reasonable Cause
In doubt, quickly ask in a polite manner, Officer did I do something wrong? Am I free to go? Are you detaining me?
This post was edited on 2/25/13 at 12:04 pm
Posted on 2/25/13 at 12:14 pm to CBLSU316
That law student is a douche. Sounds like he studied law cases for 3 days before doing this. I'm an avid gun owner but why is he looking for trouble
Posted on 2/25/13 at 12:47 pm to Crawdaddy
quote:
Reason being is what was done wrong to stop and ask for ID. If nothing is wrong, then no need to show ID.
This is my understanding. You are pulled over for speeding, now they can get ID, insurance, etc.
Now at a DWI checkpoint I have no idea. I still can't figure out how that's constitutional but that's another topic.
Posted on 2/25/13 at 12:51 pm to treble hook
quote:
Now at a DWI checkpoint I have no idea. I still can't figure out how that's constitutional but that's another topic.
Because you are operating a motor vehicle under a state issued license. They can check the status of that license at any time to make sure you're in compliance with the motor vehicle laws of the state.
Posted on 2/25/13 at 2:25 pm to WildTchoupitoulas
quote:
Because you are operating a motor vehicle under a state issued license. They can check the status of that license at any time to make sure you're in compliance with the motor vehicle laws of the state.
So even if I'm driving down the road minding my own business (doing nothing illegal) I can be stopped and have my liscence, registration, insurance checked?
Every time I've been stopped I was always given a reason by the cop. I was never pulled over and told you're being stopped so I can check your license. It always involved speeding or some other traffic law violation.
Posted on 2/25/13 at 2:29 pm to treble hook
quote:
So even if I'm driving down the road minding my own business (doing nothing illegal) I can be stopped and have my liscence, registration, insurance checked?
I'm pretty sure that's correct. You are engaging in an activity that is licensed by the state - operating a motor vehicle on a public road.
I'm pretty sure that's how I remember them deciding that random checkpoints were legal - at least in Louisiana.
I'm not a lawyer, and I didn't stay at a Holiday Inn, but I did get a good night's sleep. So take it for what it's worth.
Posted on 2/25/13 at 2:50 pm to CBLSU316
I don't open carry, but I respect that others have the right to do so. And for whatever reason, if I see a guy carrying a HOLSTERED handgun I don't feel concerned at all. Thugs just don't carry that way. I would feel concerned if I saw someone carrying the gun in his hand.
Now, as far as these videos of open carry advocates...Sometimes they come off as dicks, especially when the cop is being respectful and polite. But I don't like the idea of anyone stopping or detaining them, asking for I.D., etc, all for doing something that is completely legal.
I wish that so many citizens weren't alarmed at the sight of a many carrying a firearm, but some people are completely ignorant about guns. I think some people call the police for political reasons too. Regardless, I don't think I'll ever open carry because it's not worth the BS that goes with it.
Now, as far as these videos of open carry advocates...Sometimes they come off as dicks, especially when the cop is being respectful and polite. But I don't like the idea of anyone stopping or detaining them, asking for I.D., etc, all for doing something that is completely legal.
I wish that so many citizens weren't alarmed at the sight of a many carrying a firearm, but some people are completely ignorant about guns. I think some people call the police for political reasons too. Regardless, I don't think I'll ever open carry because it's not worth the BS that goes with it.
Posted on 2/25/13 at 3:56 pm to CBLSU316
Although I support the rights of those who are qualified to open carry, I don't open carry. In addition, I don't think I ever will open carry in public for the very same reasons seen in this situation-it just creates too many problems; in addition, I hope to never be in a situation where I need to pull my gun, but if it happens, I want the potential tactical advantage over the bad guy that CONCEALED carry affords me.
Re: the whole issue of the responding police officer asking for the open carry guy's ID, I don't have a problem w/ that. On one hand, the officer is responding to a complaint. I don't see how he could simply assume the OC is not a convicted felon; if he is a convicted felon, he's breaking the law by having a gun. I'm not a lawyer so I may well be wrong. I don't see it as abuse of authority for an officer responding to a complaint to ask for id in this situation. Some LEO may abuse their authority, but most are just trying to do a good job, frequently under adverse circumstances....
Re: the whole issue of the responding police officer asking for the open carry guy's ID, I don't have a problem w/ that. On one hand, the officer is responding to a complaint. I don't see how he could simply assume the OC is not a convicted felon; if he is a convicted felon, he's breaking the law by having a gun. I'm not a lawyer so I may well be wrong. I don't see it as abuse of authority for an officer responding to a complaint to ask for id in this situation. Some LEO may abuse their authority, but most are just trying to do a good job, frequently under adverse circumstances....
Posted on 2/25/13 at 4:09 pm to CBLSU316
open carry like that is stupid
Posted on 2/25/13 at 4:42 pm to bonescanner
quote:
Theres a fine line between following up on a complaint and being cordial about it or being a prick and abusing your authority. If I'm approached by an officer and he is respectful I have no problems letting him hold on to my weapon while he checks the situation. Just imagine the kick back if an officer ignores the complaint and that person goes in a store and kills someone. Most of the officers support the 2nd amendment and would rather not have to approach you, however they are in a sticky situation if there is a complaint from the public.
As I have said before, I agree with the right to open carry, but I think it is tactically unwise. My opinion nothing more so let's not make it about that. I do not ask to take weapons from people who legally posses them period. I always ask on traffic stops if there are weapons in the car people tell me they have them. With a valid conceal carry permit (required in AL for a vehicle) I check that and most of the time that is all there is to it. If the person is irate I get them out of their vehicle, but leave their gun. In AL someone open carrying a firearm is not illegal. If this is all I have is a complaint of someone open carrying, I will make a consentual contact with them. Layman's term is I will ask tell them we got a call and engage them in conversation. If they are cool we are done unless they have a really nice weapon that I might ask about. I will not ID them unless I have another reason to do so. People ask the cops to do things they cannot legally do all the time. Some cops get caught up in the moment of "having to do something", but most of us know better. These people that run around trying to get attention and videos while open carrying annoy me to no end, but it really annoys them when you [a uniformed officer] do not give them the reaction they are looking for.
quote:
That law student is a douche. Sounds like he studied law cases for 3 days before doing this. I'm an avid gun owner but why is he looking for trouble
What is fun is when someone like this runs into a cop that is also a law student. Some of us study more than others.
This post was edited on 2/25/13 at 4:45 pm
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