Thread: NOT the way to Open Carry....
I called this one correctly. GB and Brown County simply humored the OC guys and sent them on their merry way..
If you are going to OC, please use a sling that does not sweep everyone around you and allows you to maintain positive control of your weapon....
Last edited by Interceptor_Knight; 10-09-2013 at 08:26 PM.
Last edited by S&W500; 10-09-2013 at 09:28 PM.
OC of a pistol in a holster doesn't compare. Even a shoulder holster covers the trigger guard.
Do you think hanging a pistol from a neck lanyard would be a responsible way to carry it in public? I don't. This is comparable to carrying a rifle in the manner displayed in the video from the OP.
I never implied that all rifle OC is negligent. Rifle OC where the muzzle sweeps passersby is decidedly negligent, however.
Last edited by marshaul; 10-09-2013 at 09:36 PM.
I will be certain to watch all of the videos from now on before inserting my foot in my mouth.
Last edited by Interceptor_Knight; 10-09-2013 at 10:34 PM.
Brandishing requires hands - on anyways. Guns don't mysteriously discharge.
From the brief clip it IMHO those gentlemen broke no laws. Had they I am certain my brethren lawmen would have arrested or cited them.
The only debate here is whether that was or was not a justifiable F.I. stop. I was not there and the clip doesn't show everything before. So on that issue I offer no opinion.
OK, well if there's no brandishing stature in WI, then so be it.
For some context, let's consider Virginia's brandishing law:
http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-282A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured.
And my dictionary:
I would describe this manner of carrying as "waving" or even "flourishing". I don't care to cite (sorry), but I seem to recall instances where the threatening reference to a non-held firearm has been successfully prosecuted as brandishing. So I don't think the "hands on" rule is hard and fast, depending on how the law is worded.brandish |ˈbrandiSH|
verb [ with obj. ]
wave or flourish (something, esp. a weapon) as a threat or in anger or excitement.
As to aggression, it's clear that reckless endangerment is aggressive. Whether this constitutes reckless endangerment is up for debate. I would argue that it does.
To do so, I'd like to respond to davidmcbeth's remark:
A shoulder holster does allow the gun to sweep passersby, but it also protects the trigger from being contacted.
It seems to me that this mode of carry inherently violates one rule of gun safety, and does nothing to address another. If the gun is loaded, it's an accident waiting to happen.
Any number of things can snag in an exposed trigger guard, carrying during daily routines. This mode of carry is not safe.
I am not comfortable being swept with a self-defense weapon which is (therefore) presumably loaded.
If the law doesn't address it, then so be it. I will, however, engage in the rigorous shunning of anyone who threatens my safety with careless handling of weapons.
For the record, I didn't say this guy should be prosecuted. I merely opined that, were he, and were I on the jury, I'd wouldn't be uncomfortable convicting. That's a fact, it's my judgment, and I won't apologize for it.
How difficult is it to sling the rifle properly, anyway?
As far as I am concerned, you can carry a rifle all day. Just don't point it at me (or allow it to be pointed at me), OK?
Last edited by marshaul; 10-09-2013 at 11:38 PM.
Unlike the Appleton event the police didn't take up 40 minutes of their time trying to trump up charges.
Maybe they are learning from their mistakes and the fact the it can cost them money.
Different departments I know.
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It is possible that the cant of the AR was a result of retrieving his ID, if carried in the back pocket.
The above link includes a photo where the AR is slung in a "more safe" manner.
My only gripe is the shotgun dude. One big azz shotty to be carrying around, what seven, maybe eight feet long that thing is. Probably a 100 round tube mag. Weighs about 56.3 pounds, at least. Though, it could make a usable crutch if a leg injury is sustained.
Contrarywise, Wisconsin also mandates >50% blaze-orange on hunters and their unintentional targets, to the point that my blue-haired neighbors are sure that they will be instantly killed (by a scion no less) on stepping outdoors under-dressed in blaze-orange. Locally, we have 'Jack Hagen's' law, a mandate beyond the department of Doing Nothing Right, of shotgun hunting only - the local hunters so little trusted with long range weapons.
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