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Thread: Not sure on this.

  1. #1
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    Not sure on this.

    Hello all, recently joined the site but have been a read for awhile now. Anyway onto a little issue I'm having with an open carry incident that I feel has some unique circumstances.

    The other night ago I was getting home from work, got on the computer to see that a friend of mine was home from the service for leave. I decided I'd head down the road to see him since he was still awake.

    Now I have opened carried before at different times but most people I'm friends with are not aware of that fact.

    I was admittedly a bit tired when I arrived at his parents home, who I am also friends with due to the fact that we all are Civil War reenactors. Without thinking I unlocked my box with my mag, grabbed my pistol from it's place in plain open view, (Unloaded, action open, ) loaded it, racked the slide, made sure it was on safe, put in holster, clipped to my belt and got out. Everything was fine, I was tired and slipped a bit twice in the dark. We talked a bit, even handled the gun after it was cleared. They got tired so I took my leave and went to see someone else who I knew was still awake at that time.

    Now I have been informed through an individual who are also mutual friends with the other parties, that the parents who I have known for years are thinking of pressing charges and are furious that I had a loaded gun on the property. These are people I have carried REAL guns around for years (just because it shoots a blank powder charge when we use them for reenactments does not mean they are any less real) we have even shot a modern rifle on that property in the past, let alone the dozens of times I've been there with muskets, cap n ball revolvers and the like. Also they believe was intoxicated, which I was not in anyway. I personally think the issue's are from things involving personal issues with other individuals of the reenacting community.

    Any way my question is, was I in the wrong here in anyway legally?
    Last edited by sphen24; 06-11-2012 at 05:14 PM.

  2. #2
    Regular Member DocWalker's Avatar
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    Quote Originally Posted by sphen24 View Post
    Hello all, recently joined the site but have been a read for awhile now. Anyway onto a little issue I'm having with an open carry incident that I feel has some unique circumstances.

    The other night ago I was getting home from work, got on the computer to see that a friend of mine was home from the service for leave. I decided I'd head down the road to see him since he was still awake.

    Now I have opened carried before at different times but most people I'm friends with are not aware of that fact.

    I was admittedly a bit tired when I arrived at his parents home, who I am also friends with due to the fact that we all are Civil War reenactors. Without thinking I unlocked my box with my mag, grabbed my pistol from it's place in plain open view, (Unloaded, action open, ) loaded it, racked the slide, made sure it was on safe, put in holster, clipped to my belt and got out. Everything was fine, I was tired and slipped a bit twice in the dark. We talked a bit, even handled the gun after it was cleared. They got tired so I took my leave and went to see someone else who I knew was still awake at that time.

    Now I have been informed through an individual who are also mutual friends with the other parties, that the parents who I have known for years are thinking of pressing charges and are furious that I had a loaded gun on the property. These are people I have carried REAL guns around for years (just because it shoots a blank powder charge when we use them for reenactments does not mean they are any less real) we have even shot a modern rifle on that property in the past, let alone the dozens of times I've been there with muskets, cap n ball revolvers and the like. Also they believe was intoxicated, which I was not in anyway. I personally think the issue's are from things involving personal issues with other individuals of the reenacting community.

    Any way my question is, was I in the wrong here in anyway legally?
    Did they ask you to leave?

    If they did and you didn't then maybe trespass. If they didn't ask you to leave then how would you know they didn't want you to carry there?

  3. #3
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    No never asked to leave, never asked not to be there, never anything.
    Last edited by sphen24; 06-11-2012 at 05:23 PM.

  4. #4
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    Quote Originally Posted by sphen24 View Post
    No never asked to leave, never asked not to be there, never anything.
    From what it sounds like, you carried a weapon onto their property. They did not ask you to leave. They did not ask you to remove the weapon. That would be the same as entering a store which DOES NOT have Anti-Guns signs and them pressing charges. If they would have asked you to leave or to remove the weapon, and you REFUSED..then it's another story.

  5. #5
    Regular Member MyWifeSaidYes's Avatar
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    Quote Originally Posted by sphen24
    ...was I in the wrong here in anyway legally?
    No.

    And you are worried about 3rd hand information.

    Contact the parents when you are sober and politely ask them if they are upset with you.

    Do not prompt them. Do not mention your gun. Do not mention intoxication. Do not mention the 3rd party.

    Simply ask them if they are upset with you. If they say "Yes", then ask why.

    If they say "No", tell them that you talked to someone who thought they might be upset. Don't mention his/her name. Say "Thanks" and hang up.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  6. #6
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    Quote Originally Posted by MyWifeSaidYes View Post
    No.

    And you are worried about 3rd hand information.

    Contact the parents when you are sober and politely ask them if they are upset with you.

    Do not prompt them. Do not mention your gun. Do not mention intoxication. Do not mention the 3rd party.

    Simply ask them if they are upset with you. If they say "Yes", then ask why.

    If they say "No", tell them that you talked to someone who thought they might be upset. Don't mention his/her name. Say "Thanks" and hang up.
    Thank you for the advice, as well as the chuckle on my sobriety. I have recently been in contact with my lawyer, as well as with a personal family friend who is a LEO with many years experience, as well as an open carry advocate. I feel as of this time that the situation has been resolved and I am thankful for the knowledge of this community, as well as equally thankful for having the right to open carry.

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