Freedom1Man
Regular Member
More than likely...been trying to workout how to incorporate a built-in taser/capacitor with a suit of chainmail. "Pat this down...hehehe"
Al foil with the chainmail shorts out tazers.
More than likely...been trying to workout how to incorporate a built-in taser/capacitor with a suit of chainmail. "Pat this down...hehehe"
CLICK HERE TO SIGN THE DAILY NEWS ONLINE PETITION TO BAN ASSAULT WEAPONS.
One thing that could affect that is whether having your license is an affirmative defense or keeps concealed carry from being a crime in the first place. Courts have ruled that if having the license is an affirmative defense, the officer may ask to see them. Heck, he can arrest you for concealed carry and let you assert your affirmative defense in court!
Know your State law. Ask the specific question: Is all concealed carry illegal, with the license being an affirmative defense, or is the law written so that only CC without a license is illegal.
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OC:
If it is not readily visible to the naked eye, or, at most, to the lens-enhanced eye, it is not "in public" and a reasonable expectation of privacy is retained.
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I like this idea, but I fear the courts will give it little validty. The scanners and groping for a certain type of travel look in the same non-public places. My money says the special needs exception to the warrant clause is where the courts might [STRIKE]create[/STRIKE] find another loophole where rights don't exist.
If I remember correctly you posted a case in Alabama(?) that said exactly what you are saying.
The Florida judges seemed to rule differently, although they allow some CC and OC for hunting etc. This case was a man on public transportation, where CC permit and CC are required.
Looks like different states will rule differently, our state law on showing upon demand to officer is very similar to Florida, I would hope our state would rule similarly.
The case IIRC was in Georgia. Georgia's law is written in such a way as the carry, regardless of license, is a crime. One can then defend himself in court by producing a license. Also, if produced at the time of a stop and presented to a reasonable LEO, arrest can be avoided.
A guy got on a train after an officer spotted him holstering up at his car. The cop popped him. The defendant claimed that the officer had no RAS for the stop since he couldn't know whether or not the carrier had a license. The court disagreed, saying that the mere act of carry was RAS of a crime, since the presence of the lack of a license is not an element of the crime, only a defense to it.
In Alabama, CC without a license is the crime, so carry, in and of itself cannot provide RAS. The lack of a license is an element of the crime, so the officer must also have RAS that the carrier has no license.
Every carrier should check his State law to determine if the lack of a license is an element of the crime (good law) or merely a defense to the crime (bad law).
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In NYC, that's pretty much everyone, unless they're wearing a gov't uniform.JoeSparky said:WOW, it will ONLY detect "guns carried by criminals
WI law says that if the officer is "acting in an official capacity and with lawful authority" someone who is carrying concealed (or in an area where a license is required) a licensee must present carry & driver's licenses.sudden valley gunner said:Florida law says ... that you must present your papers upon demand.
Complete the phrase...: "against unwarranted search or seizure", which appears to apply here, since the police are seeing things not exposed to public view. Sorta like the TSAsses.Citizen said:The 4A doesn't say citizens have a right to privacy. It says we have a right to be secure in our persons, houses, papers, and effects...
marshaul said:What if you lined your clothes with tin foil
carolina guy said:Chainmail.
Clothes with micro wires woven in?Tolerance said:make a cloak of that emergency blanket stuff
SNIP Complete the phrase...: "against unwarranted search or seizure", which appears to apply here, since the police are seeing things not exposed to public view. Sorta like the TSAsses.
The case IIRC was in Georgia. Georgia's law is written in such a way as the carry, regardless of license, is a crime. One can then defend himself in court by producing a license. Also, if produced at the time of a stop and presented to a reasonable LEO, arrest can be avoided.
A guy got on a train after an officer spotted him holstering up at his car. The cop popped him. The defendant claimed that the officer had no RAS for the stop since he couldn't know whether or not the carrier had a license. The court disagreed, saying that the mere act of carry was RAS of a crime, since the presence of the lack of a license is not an element of the crime, only a defense to it.
In Alabama, CC without a license is the crime, so carry, in and of itself cannot provide RAS. The lack of a license is an element of the crime, so the officer must also have RAS that the carrier has no license.
Every carrier should check his State law to determine if the lack of a license is an element of the crime (good law) or merely a defense to the crime (bad law).
The law changed a few years ago; at this time "unlicensed possession" is now an element of the crime and must be proven by the police/prosecution rather than an "affirmative defense" which must be presented by the defendant at time of trial. In simpler language, carry is now a presumed legal activity, similar to driving a car and officers may not legally demand authorization to carry without a reason to suspect illegality.Do you know if the GA law has been tested post McDonald/Heller?
Does this mean that charges can not be filed post arrest, or that a LEO must have RAS via another "offense" to check for a endorsement?Unlawful use of weapons--exceptions--penalties.
571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly: ,snip>
(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
4. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to sections 571.101 to 571.121 or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state. <snip>
Fixed a hole in the law that "criminalized" OC in those political subdivisions that ban OC if you inadvertently "openly displayed" your firearm while retrieving your billfold at the gas pump.Open display of firearm permitted, when.
571.037. Any person who has a valid concealed carry endorsement, and who is lawfully carrying a firearm in a concealed manner, may briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self defense.
If you have a valid endorsement you may have a opportunity to display it later. This would save you the $35 if the LEO is not a revenue collector and is a peace officer. M.U.L.E.S. will inform the LEO that you have a valid endorsement if they run your DL. In MO "sterile carry" is not unlawful if you are in a jurisdiction that does not ban OC, or provide for OC via a endorsement, and you are not engaged in a activity that requires a valid DL.Duty to carry and display endorsement, penalty for violation--director of revenue immunity from liability, when.
571.121. 1. Any person issued a concealed carry endorsement pursuant to sections 571.101 to 571.121 shall carry the concealed carry endorsement at all times the person is carrying a concealed firearm and shall display the concealed carry endorsement upon the request of any peace officer. Failure to comply with this subsection shall not be a criminal offense but the concealed carry endorsement holder may be issued a citation for an amount not to exceed thirty-five dollars.
WI law says that if the officer is "acting in an official capacity and with lawful authority" someone who is carrying concealed (or in an area where a license is required) a licensee must present carry & driver's licenses.
There are half a dozen cameras on top of private fences in my neighborhood. They are pointed down the road and apparently watch every car that passes. I'm trying to decide how beat to disable them without trespassing. I'm thinking black clothes and a bright NV light source and a can of spray paint.
Paintball marker?