open carry bad encounter leo

nathan928 · Oct 1, 2012

well while i was walking to get a pack of smokes just a few mins ago and ran into a leo..i walked into the store and purchased my ciggarets and as im walking out he flags me down..as im walking t words him he proceeds to get out of his car and starts questioning me as to what im doing where im going and where im coming from.im polite tell him and ask what the problem was.he then begins to tell me that they had gotten a call of a man walking down the street with a gun and looks suspicious??anyways he asked for my id i said no i didn't commit a crime we hassle on that for a moment then says im going to perform a check on your weapon and make sure its not loaded he checks it, its loaded then asked me why is your gun loaded? i proceed to say that its the only way it works.bye this time there are 6 cops surrounding me.he then begins to tell me its against the law for me to carry a loaded mag in the magwell that it has to be in my pocket or the pouch designated on my holster.he then said he could place me under arrest for reckless handling of a fire arm, but cut me a break. anyways after all that i proceeded to walk home.anyways my question is is it against the law for me to open carry my firearm while loaded but not one in the chamber??im 20yrs old and to my understanding in the great state of ARIZONA im aloud to opencarry at the age of 18.was i in the wrong? canny anybody just answer this question about me carrying a loaded firearm at the age of 20..well that got my adrenalin pumping!! all and any reply's are helpful!

GWbiker · Oct 1, 2012

That LEO was upset with you because you didn't use spell check.

nathan928 · Oct 1, 2012

GWbiker said:
That LEO was upset with you because you didn't use spell check.

come on i don't need stupid answers like that

okiebryan · Oct 1, 2012

Sounds like you ran into a transplant from CA. I'll let others who are more familiar with AZ law than I am answer your questions, though. Glad you made it home safe and unperforated.

okiebryan · Oct 1, 2012

nathan928 said:
come on i don't need stupid answers like that

[video=youtube;C6cxNR9ML8k]https://www.youtube.com/watch?v=C6cxNR9ML8k[/video]

I actually LOL'd... but you know, on a board like this, people will lend your story much more credibility if you take the time to express yourself in a way that doesn't distract from your message.

pfries · Oct 1, 2012

I am sure others more tuned in tune with AZ laws will be able to cover this more in depth as I have not research AZ in a while.

I do need to get back for a visit.

State preemption should apply with your situation. A little research on your part can go a long way,

a simple misunderstanding of the law in certain circumstance can cost one quite a bit in legal fees and their gun rights in some states.

Don’t just stay safe, stay informed.

13-3108. Firearms regulated by state; state preemption; violation; classification; definition

A. Except as provided in subsection F of this section,

a political subdivision of this state shall not enact any ordinance, rule or tax relating to

the transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage,

licensing, registration, discharge or use of firearms or ammunition or any firearm or ammunition components or related accessories in this state.

papa bear · Oct 1, 2012

nathan928 said:
f u people

What was that all about?

okiebryan · Oct 1, 2012

Well, seeing how the OP deleted his post and replaced it with an epithet, I'm not only doubting his story, but now questioning whether he has the maturity level needed to safely and responsibly carry a firearm. OP, if you return to read this, please understand that it takes more than a firearm and a holster to be a good advocate for the lawful carry of a firearm. Also understand that we get a metric crapload of people coming here with fantastic stories, and many of them exit exactly as you did when asked about the incident.

Peace out.

nathan928 · Oct 1, 2012

papa bear said:
What was that all about?

i was asking a serious question and all i got back was smart remarks i was trying to delete it but idk how soo i guess it stays

okiebryan · Oct 1, 2012

Original post:

well while i was walking to get a pack of smokes just a few mins ago and ran into a leo..i walked into the store and purchased my ciggarets and as im walking out he flags me down..as im walking t words him he proceeds to get out of his car and starts questioning me as to what im doing where im going and where im coming from.im polite tell him and ask what the problem was.he then begins to tell me that they had gotten a call of a man walking down the street with a gun and looks suspicious??anyways he asked for my id i said no i didn't commit a crime we hassle on that for a moment then says im going to perform a check on your weapon and make sure its not loaded he checks it, its loaded then asked me why is your gun loaded? i proceed to say that its the only way it works.bye this time there are 6 cops surrounding me.he then begins to tell me its against the law for me to carry a loaded mag in the magwell that it has to be in my pocket or the pouch designated on my holster.he then said he could place me under arrest for reckless handling of a fire arm, but cut me a break. anyways after all that i proceeded to walk home.anyways my question is is it against the law for me to open carry my firearm while loaded but not one in the chamber??im 20yrs old and to my understanding in the great state of ARIZONA im aloud to opencarry at the age of 18.was i in the wrong? canny anybody just answer this question about me carrying a loaded firearm at the age of 20..well that got my adrenalin pumping!! all and any reply's are helpful!

davidmcbeth · Oct 1, 2012

nathan928 said:
im 20yrs old and to my understanding in the great state of ARIZONA im aloud to opencarry at the age of 18.was i in the wrong? !

I can answer this one without any knowldge of AZ law. They allowed you to leave; hence you can.

The cops asked you their standard 20 questions it looks like. Should have just answered: I'll answer any of your questions in court.

Then mosey on down the road.

pfries · Oct 1, 2012

okiebryan said:
Well, seeing how the OP deleted his post and replaced it with an epithet, I'm not only doubting his story, but now questioning whether he has the maturity level needed to safely and responsibly carry a firearm. OP, if you return to read this, please understand that it takes more than a firearm and a holster to be a good advocate for the lawful carry of a firearm. Also understand that we get a metric crapload of people coming here with fantastic stories, and many of them exit exactly as you did when asked about the incident.

Peace out.

I for one would not call his story “fantastic”; it was a mild encounter with a less than informed officer.

He came asking for clarification on the laws. Knowing them on the front end would have been ideal, and it appears he was aware of them;

however some officers will impose their own views/beliefs of the law. If you couple that with the average person, intimidation factor,

and stress of the encounter I can appreciate how someone could and very well would second guess their understanding of state statutes.

Looking for clarification is the mature and adult way to handle it.

The quantity of responding units stated in his original post would be the only piece I would personally question,

and under the stress of a given situation such as first LEO encounter, many people do not recount all details accurately, it is human nature.

When the opposing force has control the mind has a tendency to spin a perception that meets a level of justification of the perceived threat.

Ask the teen who jumped off the cliff into the water how high it was etc.

nathan928 · Oct 1, 2012

pfries said:
I for one would not call his story “fantastic”; it was a mild encounter with a less than informed officer.

He came asking for clarification on the laws. Knowing them on the front end would have been ideal, and it appears he was aware of them;

however some officers will impose their own views/beliefs of the law. If you couple that with the average person, intimidation factor,

and stress of the encounter I can appreciate how someone could and very well would second guess their understanding of state statutes.

Looking for clarification is the mature and adult way to handle it.

The quantity of responding units stated in his original post would be the only piece I would personally question,

and under the stress of a given situation such as first LEO encounter, many people do recount all details accurately, it is human nature.

When the opposing force has control the mind has a tendency to spin a perception that meets a level of justification of the perceived threat.

Ask the teen who jumped off the cliff into the water how high it was etc.

thanks buddie i was just making a long story short i figured i didn't need to put every last detail.

nathan928 · Oct 1, 2012

pretty much i was just wondering if i was in the wrong carrying a loaded firearm,and if the true meaning of open carry meant carrying my firearm in public not loaded..

davidmcbeth · Oct 1, 2012

nathan928 said:
the true meaning of open carry meant carrying my firearm in public not loaded..

Carrying loaded or not is carrying. I suggest you hit a law book instead of an internet forum of you want to know for sure....

Want to learn how to handle yourself with policemen? That's a personal decision for the most part.

Sorcice · Oct 1, 2012

Nathan. AZ has constitutional carry. Meaning its legal to open or conceal carry with no permit and loaded.. The cop like others have said sounds like a transplant from ca. Good luck and take a look at this vid:
http://m.youtube.com/#/watch?v=6wXkI4t7nuc&desktop_uri=/watch?v=6wXkI4t7nuc

Contrarian · Oct 1, 2012

Ill-informed cop

This forum is a wealth of good information, including reams of law references...browse and print those that apply to police interactions and open carry.

Knowledge is one of the only advantages we have.

Fallschirjmäger · Oct 1, 2012

"...he then said he could place me under arrest for reckless handling of a fire arm, but cut me a break..."

I'd have Insisted that Officer Friendly not "cut me any breaks" or I'd report him for malfeasance. I suspect that 90.7% of the time, "I'll cut you a break, This Time" and "my Supervisor would Insist I arrest you, but I'mma gonna be nice" is just Officer Friendly trying to intimidate someone because what they are doing isn't Actually Illegal.

Citizen · Oct 1, 2012

Fallschirmjäger said:
I'd have Insisted that Officer Friendly not "cut me any breaks" or I'd report him for malfeasance. I suspect that 90.7% of the time, "I'll cut you a break, This Time" and "my Supervisor would Insist I arrest you, but I'mma gonna be nice" is just Officer Friendly trying to intimidate someone because what they are doing isn't Actually Illegal.

+1 The cop was bluffing. He knew it was an illegal weapon seizure. Another example is the traffic-stop cop who tells you he clocked you at 18 MPH over the speed limit when you were actually only doing 5 over. He picks a number that will scare you so you later feel grateful when he lets you off with a warning. Of course, he didn't pick 20MPH over the speed limit because in some states that's reckless driving and he might have to arrest you. I got $5 that says the OPs encounter was a fishing expedition.

A person "looks suspicious" walking down the street? Give me a break. That was either a total lie or a total excuse. The police might have gotten a call. But, they know mere looks cannot be suspicious. There must be facts that justify reasonable suspicion, no hunches allowed. See Terry v Ohio and subsequent case law.

These cops were fishing. And, if the OP report is complete and accurate, they violated the OP's rights by the weapon seizure and inspection.

I urge a formal written complaint to the internal affairs commander of the department involved. Stick to the facts. Stick to the law. Show them you know the law on search and seizure so they have to tell themselves, "Oh, damn. Here is a citizen that really does know the law. Now we gotta be careful." Get it on paper to start a history.

* You can access Terry v Ohio, and some videos on exercising your rights during a police encounter here: http://forum.opencarry.org/forums/s...-Your-4th-and-5th-Amendment-Resources-Here!!&

MKEgal · Oct 1, 2012

AZ is Constitutional Carry.
A reference I like is www.handgunlaw.us Click on a state to open a PDF of laws, which also has links to the state's own website(s) so you can verify the information.
Always verify. In fact, one of the forum rules is to cite to authority. That makes it easier for other people to learn & understand, and shows that the info isn't from some teenager sitting in his basement spewing feces.

okiebryan said:
people will lend your story much more credibility if you take the time to express yourself in a way that doesn't distract from your message.

What they said. Works in pretty much every situation.
Texting or talking with peers, maybe your original approach works fine.
Time, place, situation.

okiebryan said:
now questioning whether he has the maturity level needed to safely and responsibly carry a firearm.
...Also understand that we get a metric crapload of people coming here with fantastic stories

+1 on both of these.
Can't be hotheaded if you're armed, or you're on the fast track to losing your freedom & rights because you've hurt someone you shouldn't have.
And there have been LOTS of trolls who come in with creative writing, then disappear.

open carry bad encounter leo

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