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How to deal with a cop asking you about your OC Gun, under 21.

xtensity

Regular Member
Joined
May 30, 2012
Messages
11
Location
Raleigh
I am 19, I can pick up my PPP in 7 days according to the sherrifs office.

When I am open carrying, how do I deal with a cop asking about my gun when it is holstered?

I know this has probably been asked a hundred times but I am unsure on with underage.

I look very young, and I'm not the most buff guy either, most people take me to be 15-16 years old.


How would I handle the scenario of a cop approaching me, trying to ID me, whether aggressively, or passively?

I have always learned that I do not have to talk to police, and that, only really NEED to use these few phrases when engaging in conversation with a officer:

Am I being detained officer?
Am I free to go?
I do not consent to police searches.

This way a cop is very limited. He cannot arrest you for not answering his questions. If you are breaking the law then he is going to detain you. If you are not being detained then you are free to go.

Is this the best way to handle these scenarios? I mean, A traffic stop is one thing, but if a cop is approaching me in public, I don't want to be an ******* and just straight up act like he doesn't exist lol.

What do you all recommend?
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
First of all, you are not underage. You are merely too young at the moment for a concealed permit, which I'm guessing is why (among many other possible reasons) is why you are legally OCing instead of illegally CCing. Now if the cop specifically asks you if you are old enough to be OCing, answer him in one word or less. If he says he does not believe you it might be necessary to show him some proof of your age instead of being offered an all-expenses paid trip to the station to let them run your name and prints. You decide how you want to deal with the issue.

Positive attitude (you know you are doing nothing wrong so have no reason to act as if you did anything wrong) goes a long way. Be polite but be adamant about your rights being respected. (If the cop wants to violate your rihts the street is not the place to fight it out. A recording of the interchange will be good for your side when you follow through with your official complaint and possible lawsuit.)

While others may disagree, I do not like asking if I am being detained - it may give a cop an idea he had not already formed. I'll decide just how obvious it is that I am being detained and proceed from there. If I'm in cuffs, or up against he wall with my feet spread I'm probably being detained. If the cop is standing in an "interview stance" and asking me questions I'm probably not being detained. If I'm not being detained I'll just start walking away as if I had a specific place to be other than there with the cop. If he wants to change my mind he will let me know.

Cop asks me about my handgun in my holster. I mention how warm/cold/dark/bright it is. He wants to know why I'm carrying and I tell him what I had for supper. Cop asks me what's up with my smart-ass answers and I tell him I have no obligation to talk to him and obviously am choosing not to. That is all done with a smile and a pleasant voice. (Ys, I have been in training about that lately.;))

But that's just me. YMMV.

stay safe.
 

xtensity

Regular Member
Joined
May 30, 2012
Messages
11
Location
Raleigh
Asking if you are being detained has it perks.

A cop may try to question you and ask you to hold on, but if he says no you are not being detained then he can not knowingly stop you from going anywhere, beyond that point it will be harassment.

If he cannot produce a reason for detaining you then he is doing so illegally and you could go off of a kidnapping case. A cop can only detain if he has a reason, and if he says a reason that is not something that violates the law, then he is no different than a random citizen walking up and handcuffing you.

Cops are there to enforce the law. Not to harass suspect individuals, nor can they detain somebody for being 'suspicious'.
 
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