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Tazered for Open Carry

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scot623

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That wasn't the first or only time I carried in hand.

So, based on your statement that you WILL BE SHOT if you touch your gun in the presence of a LEO, wouldn't YOU expect to be shot on sight if a LEO see's you carrying your gun in your hand? (as you have done multiple times according to you)
 
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Grapeshot

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I'm asking you a legitimate question based on statements you've made. Nobody walks around with their gun in their hand but you, so I'm wondering if you expect to be shot when a LEO see's you.

And it is entirely off topic and makes personal argument beyond the context of the thread.
 

scot623

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And it is entirely off topic and makes personal argument beyond the context of the thread.

How is it off topic? The thread started was about a guy with a gun in his hand in the presence of a LEO. Sounds exactly on topic. Furthermore, the OP stated he carries in hand, and also stated a LEO would shoot if a person touches their firearm. If my question is topic, why didn't you site the OP for being off topic when he made those statements in this thread?

Are we not allowed to discuss issues here? I did not make any personal attacks whatsoever. Threads can't lead themselves in a free flowing direction here? Should I start a new thread to ask my question?
 

Grapeshot

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How is it off topic? The thread started was about a guy with a gun in his hand in the presence of a LEO. Sounds exactly on topic. Furthermore, the OP stated he carries in hand, and also stated a LEO would shoot if a person touches their firearm. If my question is topic, why didn't you site the OP for being off topic when he made those statements in this thread?

Are we not allowed to discuss issues here? I did not make any personal attacks whatsoever. Threads can't lead themselves in a free flowing direction here? Should I start a new thread to ask my question?

The thread was about a man who apparently/allegedly broke the law, did not follow the LEO's direction and was tazered as a result. Other posts with more information on this incident added to our knowledge.

That person is not known to be anyone from this forum. Turning possibly similar events into a personal opinion contest IS off topic and smacks of a vendetta when made in that manner. You are not talking about the facts of what happened - you are making it personal.

No threads are not encouraged to be "free flowing" here.
 

boyscout399

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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.

It's a matter of whether the officer can point to facts which make him believe that a crime is, has, or is about to be committed. If the officer can say, "the gun was not in a holster and in his hand, therefore I had a suspicion that he was about to shoot someone, which is a crime" Then the totality of the circumstances would indicate that the officer did in fact have RAS to make a detainment. Remember, RAS does not mean probable cause. You don't need to be 100% sure a crime has been committed. You only need a reasonable suspicion that a crime is about to be committed. The "reasonable officer" test would say that a if a reasonable officer sees a man carrying a gun in his hand after receiving a call of a man threatening people with that gun, then he's gonna suspect that person is about to commit a crime.
 

Tucker6900

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Good find Raggs, I knew there had to be more to the story.
Sounds like this wasn't a case of an inocent Open carrier being Tased for no reason at all.

I agree he was lucky they didnt shoot him.

I would take everything read on police one with a grain of salt. Not that the story isnt true, but I find every story there tends to be slanted in favor of the police.
 

Grapeshot

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Originally Posted by Grapeshot

No threads are not encouraged to be "free flowing" here.
good to know. That explains why our mods have been a bit heavy handed here lately compared to MGO and Michigan Open Carry's forum.

This raises some valid points Mr.Q. The purpose and function of moderators is to maintain control and the focus of the forum. Recognize too that we can't make everybody happy all of the time.

Threads do evolve and take on a different flavor from those originally intended. Most frequently they are left to seek their own level, particularly if they stay somewhat related to the OP. In some cases, it has been suggested that a new thread be started wherein the tangent subject could be better explored while keeping the original clean and focused.

The biggest threat IMO to good order has been when users divert from talking about the facts of an event/posting and make an issue of the personality or character of another member/user. Such does not have to be an obvious personal attack either - it can be accomplished by repetitive postings of a deeming nature, designed perhaps to embarrass or harass the another. This strains the everybody-is-welcome-here desire of the administration.

The men and women of the Michigan forum have been particularly good at getting the job done - lots of really good people here and the results are something of which you can all be proud.

Trust that this makes good sense and that we can all take and maintain the high road for the betterment of OCDO.
 

scot623

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Grapeshot. We aren't allowed to ask each other what we would do in certain situations? This thread is about being told by a LEO to put your gun down. (the reason why that order is being given is immaterial to the order). So with that being said, we have a poster who says he walks around with his gun in his hand. He has also said he expects a LEO to shoot if a OCer touches his gun. What is the issue with exploring that scenario??
 
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Raggs

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Grapeshot. We aren't allowed to ask each other what we would do in certain situations? This thread is about being told by a LEO to put your gun down. (the reason why that order is being given is immaterial to the order). So with that being said, we have a poster who says he walks around with his gun in his hand. He has also said he expects a LEO to shoot if a OCer touches his gun. What is the issue with exploring that scenario??

I think the mods are concerned that questioning the practices of certain individuals behaving in a questionable manner would end up becoming a personal attack and not simply a questioning of the questionable behavior.
 

John Pierce

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

I disagree with your last statement. RAS stands for "Reasonable and Articulable Suspicion [that a crime has been or is being committed]" and while OC is perfectly legal, a gun in the hand, depending upon circumstances, will satisfy many state's brandishing statutes.

OC in hand is FAR outside the bounds of how we want to portray open carry.


John
 

smellslikemichigan

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good to know. That explains why our mods have been a bit heavy handed here lately compared to MGO and Michigan Open Carry's forum.
not to mention the fact they seem to have gone rogue (given some of the statements i heard mr pierce make at the LAID dinner about allowing state sub-forums leeway in certain areas).
 

kubel

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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?

Perhaps he means to suggest that he IHOCs as long as there isn't a LEO nearby.

Since some may be implying that your question is a personal attack, you can ask it to me. I won't interpret such a question that way. My answer, yes, I expect that it's possible that I can get shot if I have a pistol in my hand, seeing as it would probably be brandishing.
 

SpringerXDacp

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Apparently, he put the gun in his pocket to avoid being shot. The cops wanted him to put in on the ground. If he did so, Im sure they would have shot him.

If they didn't perforate him for putting it in his pocket (assumed), why would you think he'd be vaporized for putting it on the ground when ordered to do so?
 
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