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Thread: Memorial Day Route 9 in central Connecticut University police open carry detainment

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    Memorial Day Route 9 in central Connecticut University police open carry detainment

    Approximately 40 min. ago I was stopped on Route 9 ID central Connecticut University police, the police officer said that I was brandishing a firearm I was riding a Harley-Davidson motorcycle with a tank top on. I was going approximately 65 miles an hour or whatever the speed limit happens to be on that road and he said that my firearm was not covered when I drove by him. He pulled me over and told me I was being detained, for brandishing a firearm. I gave him my registration for my motorcycle and my license, as he demanded it, he told me I was being pulled over for brandishing a firearm and demanded to see my permit and I told him he had no right to ask me for my permit because I was doing nothing illegal. Another officer pulled up and they held me for approximately 15 to 20 min., Illegally detaining me. They finally let me go and told me that I need to cover up my firearm that I cannot carry it open. my H&K firearm was returned. I told him as a former Marine he saw my Marine tattoo I was coming from the Iwo Jima Memorial to pay tribute to my fallen brothers, the forefathers of my training. One of the first things he said to me is you got a be a cop I said no I'm not a cop , at that point you could see his demeanor changed and he got really upset and I just Mykept my hands on the handlebar.


    other than the initial interaction I shot the whole incident on my iPhone camera in crystal-clear clarity and them telling me that I need to cover-up and that I am breaking the law and they simply enforce the law I engaged him and said that you were not enforcing the law because you weren't there is no law saying I have to conceal, and I have the whole incident on my iPhone camera, asking him if he thought it was reasonable to stop me because my covers were flapping while riding a motorcycle in that is that even reasonable, and whether I was open carrying or close carrying was of no relevance because I can carry any which way I want.


    I'm definitely pleading not guilty on this one!

    I need some assistance in some recommendations to move forward with this this is definitely a huge problem I got stopped coming from Marine Monument, on Memorial Day because I was riding a motorcycle in the CCS you officer on the highway saw my firearm. I feel totally demeaned right now.
    Last edited by Good Citizen; 05-29-2012 at 09:58 AM.

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    What statue did he cite you for...?

    Normally for a ticket I would say to write the DA under CT Practice Book Rule 36-11 and ask for an information to replace the ticket ... but I would need to know the exact statue cited first before making such a recommendation here.
    Last edited by davidmcbeth; 05-29-2012 at 12:23 AM.

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    Regular Member KIX's Avatar
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    Wait a minute........ sounds like you were in New Britain.

    The only way to legally carry in New Britain is open carry.

    We could use the video and officers name indeed.

    Seems like they don't know New Britain code 16-80.

    Jonathan
    www.ctpistolpermitissues.com - tracking all the local issuing authority, DPS and other insanity with permit issues
    www.ctgunsafety.com - my blog and growing list of links useful to gun owners (especially in Connecticut).

    Rich B: My favorite argument against OC being legal in CT is "I have never seen someone OC in CT".
    I have never seen a person drink tea from a coke bottle while standing on their head, that doesn't mean it is illegal.

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    Quote Originally Posted by KIX View Post
    Wait a minute........ sounds like you were in New Britain.

    The only way to legally carry in New Britain is open carry.

    We could use the video and officers name indeed.

    Seems like they don't know New Britain code 16-80.

    Jonathan
    I definitely was in New Britain, I was en route 9 All the Way down near the Stanley Street exit 28 (according to the ticket), or the one that leads to Stanley Street or if you take a left your at the police department. I don't know why central Connecticut campus officers pulled me over that far down, I was never on the campus. The video clearly indicates that they said they got me for brandishing and I need to cover up my firearm and I was in the town of New Britain. He gave me a $75 infraction for failure to carry pistol or revolver permit, (note he did not write concealed on it). He did not clearly write his name he wrote a one letter initial the shield number appears to be 48 of central Connecticut state University police.

    ticket for 29.35 b $75.00 fee this dude wrote totally unledgable.

    I had my permit it was an un lawful terry stop, i was told i was being detaied and he took my firearm from me berfore even asking if i had a permit, as soon i i answered im not a cop


    What should I foia: Any Suggestions would be appreaciated!

    any radio or phone transmissions
    any vidio or audio, from the crusier, if applicable
    any field notes
    any report if generated

    It's Paperwork time and i dont want to sleep on this! I want to esclate ASAP. Internal exteranl what ever, i think the photage is good, i not a pro but i was asertaive about telling them about my right and they were not enforcing any law, I think they got it as i drove off open OC and they dident do anything.
    Last edited by Good Citizen; 05-29-2012 at 10:24 AM.

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    Regular Member Rich B's Avatar
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    Since you have a charge pending, I would make the recommendation that this be done in private.

    Email inbound.
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    Regular Member KIX's Avatar
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    Quote Originally Posted by Rich B View Post
    Since you have a charge pending, I would make the recommendation that this be done in private.
    Absolutely. No need to tip your hat this early in public while the charges are pending.

    Jonathan
    www.ctpistolpermitissues.com - tracking all the local issuing authority, DPS and other insanity with permit issues
    www.ctgunsafety.com - my blog and growing list of links useful to gun owners (especially in Connecticut).

    Rich B: My favorite argument against OC being legal in CT is "I have never seen someone OC in CT".
    I have never seen a person drink tea from a coke bottle while standing on their head, that doesn't mean it is illegal.

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    Being charged with:

    Sec. 29-35. Carrying of pistol or revolver without permit prohibited. Exceptions. ...

    (b) The holder of a permit issued pursuant to section 29-28 shall carry such permit upon one's person while carrying such pistol or revolver.

    So, the only question here is one of law: does he have the right to demand to see your permit?
    If so, he wins
    If not, then the OP will have to prove he had his permit on him??

    If the right to see the permit does not exist then I would ask for an information or complaint to replace the ticket...under CT Practice Rule 36-11, shown below


    Sec. 36-11. Information and Complaint; Use
    All felonies shall be prosecuted by information.
    All misdemeanors, violations, and infractions shall
    be prosecuted by information or complaint. In all
    jury cases, and in all other cases on written
    request of the defendant, the prosecuting authority
    as of course shall issue an information in place
    of the uniform summons and complaint.
    (P.B. 1978-1997, Sec. 616.)

    One should note that FOIA cannot be used to get discovery done ... you can do a FOIA request for documents outside your case though, generally available to the public.
    Last edited by davidmcbeth; 05-30-2012 at 01:04 AM.

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    Quote Originally Posted by Good Citizen View Post

    [B][SIZE=4]I shot the whole incident on my iPhone camera in crystal-clear clarity
    .
    Did they pass the bill this year where you can tape the police w/o their consent? OP may have bigger problems with the taping if not.

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    Quote Originally Posted by Good Citizen View Post

    any radio or phone transmissions
    any vidio or audio, from the crusier, if applicable
    any field notes
    any report if generated
    Don't waste your time with a FOIA request for the above items ... you will get none of them ... via a FOIA request in this state.

    See 1-210(b)...


    And the OP should stop posting on a public forum .. enough info is here to ID him...
    Last edited by davidmcbeth; 05-30-2012 at 01:09 AM.

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    Regular Member KIX's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Did they pass the bill this year where you can tape the police w/o their consent? OP may have bigger problems with the taping if not.
    There was a bill to make it legal by matter of law..... I don't recall if that passed or not.

    But, either way, what law said a citizen couldn't?

    Jonathan
    www.ctpistolpermitissues.com - tracking all the local issuing authority, DPS and other insanity with permit issues
    www.ctgunsafety.com - my blog and growing list of links useful to gun owners (especially in Connecticut).

    Rich B: My favorite argument against OC being legal in CT is "I have never seen someone OC in CT".
    I have never seen a person drink tea from a coke bottle while standing on their head, that doesn't mean it is illegal.

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    Regular Member Rich B's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Did they pass the bill this year where you can tape the police w/o their consent? OP may have bigger problems with the taping if not.
    It was never against the law in the first place.
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    Will you be posting up the video?

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    Quote Originally Posted by danr71 View Post
    Will you be posting up the video?
    Good Citizen is free to do what he wishes, but he has been advised to not post the video especially while charges are pending.
    Connecticut Carry is dedicated to advancing and protecting the fundamental civil rights of the men and women of Connecticut to keep and bear arms for self defense of themselves and the state as guaranteed by the United States Constitution and the Constitution of Connecticut.

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    Quote Originally Posted by Rich B View Post
    It was never against the law in the first place.
    Yes, I have looked at CT law and it appears as if it only applies to telephonic call recordings ...

    In respect to a FOIA request for information (dashcam etc) I believe that I am still correct:

    from:

    http://scholar.google.com/scholar_ca...=en&as_sdt=4,7

    Our Supreme Court previously analyzed an earlier version of 1-19b (b) (1) that precluded any disclosure 17*17 pursuant to the act that would affect the discovery rights of litigants. In Gifford v. Freedom of Information Commission, supra, 227 Conn. 663-65, our Supreme Court held that an arrest report did not have to be disclosed to the public, pursuant to the act, while criminal prosecution relating to that arrest report was pending. It found that disclosure of the arrest report would expand the rights of the defendant under the laws of discovery and thereby "would affect the rights of litigants under the laws of discovery...." (Emphasis added.) Id., 663-64.
    Last edited by davidmcbeth; 06-01-2012 at 11:09 PM.

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    Quote Originally Posted by davidmcbeth View Post
    In respect to a FOIA request for information (dashcam etc) I believe that I am still correct:
    This is a police department's decision. The law does not stop them from disclosing the information.
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    Quote Originally Posted by Rich B View Post
    This is a police department's decision. The law does not stop them from disclosing the information.
    That's true .. they do not have to consider an exemption...I would not file a FIC case if denied though ...

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    How did Good Citizen make out on this, any new news yet?

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    Quote Originally Posted by danr71 View Post
    How did Good Citizen make out on this, any new news yet?
    I am not aware of any news yet. No court yet.
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    Quote Originally Posted by Rich B View Post
    I am not aware of any news yet. No court yet.
    If he filed a 36-11 request for an information to replace the ticket then a DA must review it & a DA would likely just drop the charge .. or issue one of those noi porissquilli (sp?) letters (ie we don't want to prosecute letter).

    I wonder if a permit revocation has occurred yet ... if this happens then it would be the last straw for me -- I would file a claim with the claims commissioner to ask for permission to sue the state.

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    Quote Originally Posted by davidmcbeth View Post
    I wonder if a permit revocation has occurred yet ...
    I am sure this is not the case. This is not a revocable offense in any way, shape or form.
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    Regular Member KIX's Avatar
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    Quote Originally Posted by Rich B View Post
    I am sure this is not the case. This is not a revocable offense in any way, shape or form.
    Yes, but that hasn't stopped them before. Remember the day you were with me at the BFPE, one citizen had his permit yanked for having an unregistered firearm. A firearm that goes back pre-1996 registration requirements. He wasn't legally required to register, yet firearm and license were pulled.

    He got it back, but still......
    Jonathan
    www.ctpistolpermitissues.com - tracking all the local issuing authority, DPS and other insanity with permit issues
    www.ctgunsafety.com - my blog and growing list of links useful to gun owners (especially in Connecticut).

    Rich B: My favorite argument against OC being legal in CT is "I have never seen someone OC in CT".
    I have never seen a person drink tea from a coke bottle while standing on their head, that doesn't mean it is illegal.

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    Quote Originally Posted by KIX View Post
    Yes, but that hasn't stopped them before.
    Do you have an example case where a permit was revoked for the infraction of not carrying a permit?
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    Quote Originally Posted by Rich B View Post
    Do you have an example case where a permit was revoked for the infraction of not carrying a permit?
    That's a tall order Rich ... the Board does not issue written rulings so that one can understand why a revocation occurred ... so to find a case if not immediately recalled would require listening to all the audio transcripts, an almost impossible task.

    But hey, if the OP writes back we'll know in his specific instance. Given that many revocations are not appropriate (because people who still have their gun rights for ownership should still have a permit ~ suitability should now be seen as a non-issue) nothing the PDs do would surprise me.

  24. #24
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    Quote Originally Posted by davidmcbeth View Post
    But hey, if the OP writes back we'll know in his specific instance. Given that many revocations are not appropriate (because people who still have their gun rights for ownership should still have a permit ~ suitability should now be seen as a non-issue) nothing the PDs do would surprise me.
    Again, we already know that the OP's permit was not revoked. There is no speculation involved.

    The OP has not had his day in court. Posting information about his case in public should not be encouraged.
    Connecticut Carry is dedicated to advancing and protecting the fundamental civil rights of the men and women of Connecticut to keep and bear arms for self defense of themselves and the state as guaranteed by the United States Constitution and the Constitution of Connecticut.

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  25. #25
    Regular Member KIX's Avatar
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    Quote Originally Posted by Rich B View Post
    Do you have an example case where a permit was revoked for the infraction of not carrying a permit?
    Dozens, probably hundreds if I took the time to look at all my case notes.

    I've posted this BFPE statement before on open carrying and breach of peace:

    http://www.youtube.com/watch?v=H9geV7WMxPw&feature=plcp

    In the case of him open carrying on his property, his permit was revoked. Was eventually returned to him at hearing. But yeah, it has happened PLENTY and will happen again.

    Jonathan
    www.ctpistolpermitissues.com - tracking all the local issuing authority, DPS and other insanity with permit issues
    www.ctgunsafety.com - my blog and growing list of links useful to gun owners (especially in Connecticut).

    Rich B: My favorite argument against OC being legal in CT is "I have never seen someone OC in CT".
    I have never seen a person drink tea from a coke bottle while standing on their head, that doesn't mean it is illegal.

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