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Tazered for Open Carry

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stainless1911

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From the description.

Who Tazes a man in a Cookie Monster shirt?
Police lapel camera. Cops taser and open carrying citizen in the neck for refusing to unholster his firearm to put it on the ground while police have guns drawn on him. He is charged with refusing to obey a police officer and unlawful carrying of a firearm because he would not draw his firearm to lay it on the ground. Rule #1 for open carry: Never touch you firearm while police are present. I would not have unholstered mine either.

Michael Hendricks, 45, didn't do anything wrong. He was working in a housing project known for gangs and violence, so he open carried his pistol that day. The police merely received a call about a man with a gun on his hip. This is how they treated him.

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If he would have drawn his holstered gun as they ordered, they would have executed him.
 
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thebigsd

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I didn't hear him say anything about not wanting to touch his gun. Not that it would of helped. Do you know the final resolution of this incident?
 

scot623

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No, I just heard about this.

Someone said the gun was in his hand, and he put it in his pocket. Whether holstered OC, or pocket CC, you do NOT touch your gun in the presence of LEO they will shoot you.

You say someone said the gun was in his hand but he wasn't shot. Then you say if you touch your gun in the presence of a LEO, you will be shot. Which is it?
 
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griffin

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From the cop's commands it sounds like he was holding the pistol. I can't find anything else about this on the web.
 

Raggs

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From the cop's commands it sounds like he was holding the pistol. I can't find anything else about this on the web.

I agree, a officer said "he put the gun in his pocket" which suggests he was open carrying in his hand. Probably lucky the officers didn't shoot him.
 
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Grapeshot

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Seriously, how can any judgement be made from that video - it is extremely lacking in definitive information.
 

Grapeshot

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Did I miss something? Did anyone here make a definitive judgment?

No, you were the first to mention it. A definitive judgment is final and not provisional and that is not what I said.

I questioned how with the lack of information any judgement could be made as a result of watching that video.

Definitive information = facts leading to a conclusion.

Not sure why you seem to think that we are limited to only responding to the comments of others.
 

Lasjayhawk

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OK stupid question, because I don't know. If OC in a holster, or even in your hand with the muzzle pointed down, and baring anything else, is "put the gun down" even a lawful order?

If I, as a LAC, see a cop with his gun drawn, yell put the gun down because I feel threatened, and if they don't can I taze them?

What I'm driving at is there needs to be a RAS of a crime being committed, or this is a minority report kind of thing.
 

Raggs

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OK stupid question, because I don't know. If OC in a holster, or even in your hand with the muzzle pointed down, and baring anything else, is "put the gun down" even a lawful order?

If I, as a LAC, see a cop with his gun drawn, yell put the gun down because I feel threatened, and if they don't can I taze them?

What I'm driving at is there needs to be a RAS of a crime being committed, or this is a minority report kind of thing.

From the article i posted it sounds as if a crime was being commited
 

stainless1911

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I do think they had RAS here, but in and of itself, OC is not RAC, even if it's in hand.

Consider LGOC for a minute. I know its off limits, but for the sake of this discussion and the legality of OC, it bears some relevance. If you are LGOC, we know it's legal. You are supposed to have it on a sling over your shoulder, but remember there is no law requiring it. Similarly, there is no law requiring one to have a pistol holstered either. Carrying either, in hand, is legal as there is no law against it. We know that brandishing would be (at least in Michigan) determined by a reading of the dictionary as there is no case law. If a person was not being threatening by carrying a firearm in hand, then they would be guilty of nothing, merely exercising a right.

Some may say that it is stupid, but then again, some think that carrying or even owning a gun is stupid as well. Perhaps the person had a reason for carrying in hand.
 
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