Results 1 to 18 of 18

Thread: What law applies when someone harrasses you about your gun?

  1. #1
    Regular Member
    Join Date
    Jul 2013
    Location
    Oklahoma City
    Posts
    11

    What law applies when someone harrasses you about your gun?

    Does anyone on here know what law applies, and what does it say, when someone harasses you for carrying a gun?

    Not long ago, an older gentlemen started yelling at me in the parking lot of Braum's, saying things like "Are you going in there to rob the place?" I was between him and the store, he was a good 25-30 feet away, so I just ignored him and went on into the store. He also came into the store. I kept an eye on him, and didn't have any more issues, although I heard him launch into an anti-gun rant at the lady at the register as I walked out of the store.

    This event makes me want to be prepared should someone decide to make a bigger issue out of me carrying a gun. It seems whatever law applies to someone preventing you from going about your business would apply here, but I don't know what law that is or where to find it.

    Thanks.
    Last edited by Av8r115; 07-08-2014 at 06:05 AM.

  2. #2
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,610
    I find that people with bad manners who rant against RKBA in public do more to help our cause than they might ever imagine. The target (pun intended) audience just isn't drinking the Kool-Aid anymore.

    I tend to smile and laugh at them while continuing with what I was doing - frustrates them in no small way

    As to the legal question, unless there is actually a physical threat, I don't know of any law that would apply. The property owner can ask the offender to leave of course - disturbing the peace might be a consideration.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  3. #3
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    Location
    North Chesterfield VA
    Posts
    10,682
    In Oklahoma there are a variety of charges to select from:

    http://www.stopstreetharassment.org/...R-Oklahoma.pdf

    Find the one(s) you like, read the specific law to make sure it will fit, and enter the location of your local magistrate into your GPS as the cops may or may not agree with your assessment that someone needs to be arrested/cited.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  4. #4
    Regular Member Glock 1st fan's Avatar
    Join Date
    Nov 2012
    Location
    United States
    Posts
    310
    Quote Originally Posted by skidmark View Post
    In Oklahoma there are a variety of charges to select from:

    http://www.stopstreetharassment.org/...R-Oklahoma.pdf

    Find the one(s) you like, read the specific law to make sure it will fit, and enter the location of your local magistrate into your GPS as the cops may or may not agree with your assessment that someone needs to be arrested/cited.

    stay safe.
    In this instance its unlikely any charges would be filed since it was very brief. The only law I can really think of would be disturbing the peace if he continued to cause a scene after police arrived but from experience I can tell you most likely police will shoo him away and in most cases the offender would grumble a little but would not want to unseat some cash or jail time so most will leave.

    You did absolutely right by just not entertaining the uneducated.

  5. #5
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,153
    • Disturbance by Loud or Unusual Noise Okla. Stat. Title 21, § 1362 It is illegal in Oklahoma to willfully cause a disturbance in a public place through:
      • Loud noise
      • Abusive, violent, obscene or profane language
      • Threatening violence
      • Fighting or quarreling

    • Disturbing the Public Peace Okla. Stat. Title 21, § 22
      Willfully engaging in acts that “outrage public decency” or “grossly disturbs the public peace” is illegal in Oklahoma.
    • Offensive Language Okla. Stat. Title 21, § 1363
      It is illegal to use profane, violent, abusive, and insulting language toward another person when it is intended to make that person angry or disturb the peace.
    • Soliciting Prostitution Okla. Stat. Title 21, § 1029 Soliciting, inducing, or enticing someone to commit prostitution is illegal in Oklahoma.
    • Stalking Okla. Stat. Title 21, § 1173 Stalking is illegal in Oklahoma. A person can be convicted of stalking if, on more than one occasion, s/he follows or harasses another person in a way that would cause a “reasonable” person to feel frightened, intimidated, threatened, or harassed and actually causes the person to feel these emotions.
    • There is always TipSubmit.com and CrimeReports.com
    http://www.stopstreetharassment.org/wp-content/uploads/2013/12/SSH-KYR-Oklahoma.pdf

    Ya gotta remember that they will not read beyond their Pinocchio-noses.
    I am responsible for my writing, not your understanding of it.

  6. #6
    Regular Member
    Join Date
    Nov 2012
    Location
    NEOK
    Posts
    53

    Laws

    I'm a little vague on the fine line for things like harassment or stalking, but assault (verbal) or battery (physical) seams pretty clear-cut to me. I don't think you could talk the DA into charging anyone on anything else, and really why would you want to?
    just make sure you're using a good retention holster in case you meet a nut job with less self control than usual, and carry a pen cam. The image quality ain't the best but it's good enough for court and just might save your hide.

    The other posters are right about him actually drawing good attention because it shows the public that the idiots are unreasonable and you're just a normal good citizen.. Heck, I overheard part of a discussion in a restaurant this week when a guy was complaining to his wife about me bringing guns in and she basically told him to shut up.

  7. #7
    Regular Member Glock 1st fan's Avatar
    Join Date
    Nov 2012
    Location
    United States
    Posts
    310
    Quote Originally Posted by Jayne&Vera View Post
    I'm a little vague on the fine line for things like harassment or stalking, but assault (verbal) or battery (physical) seams pretty clear-cut to me. I don't think you could talk the DA into charging anyone on anything else, and really why would you want to?
    just make sure you're using a good retention holster in case you meet a nut job with less self control than usual, and carry a pen cam. The image quality ain't the best but it's good enough for court and just might save your hide.

    The other posters are right about him actually drawing good attention because it shows the public that the idiots are unreasonable and you're just a normal good citizen.. Heck, I overheard part of a discussion in a restaurant this week when a guy was complaining to his wife about me bringing guns in and she basically told him to shut up.
    Believe it or not Ive had people complain about me wearing a uniform and carrying a firearm. Stupid people come in all forms, shapes and sizes

  8. #8
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,153
    Quote Originally Posted by Glock 1st fan View Post
    Believe it or not Ive had people complain about me wearing a uniform and carrying a firearm. Stupid people come in all forms, shapes and sizes
    And uniformed occupations.
    I am responsible for my writing, not your understanding of it.

  9. #9
    Regular Member Glock 1st fan's Avatar
    Join Date
    Nov 2012
    Location
    United States
    Posts
    310
    Quote Originally Posted by Nightmare View Post
    And uniformed occupations.
    Very true. Its one reason people should stay up to date on the laws. There are bad in every occupation. I just overlook that myself and go about my business.

  10. #10
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Its called defamation...if any applies. Ask them for their name and address where to send the complaint to...they'll shut up.

  11. #11
    Regular Member OC Freedom's Avatar
    Join Date
    Feb 2014
    Location
    ADA County, ID
    Posts
    603
    Quote Originally Posted by Grapeshot View Post
    I find that people with bad manners who rant against RKBA in public do more to help our cause than they might ever imagine. The target (pun intended) audience just isn't drinking the Kool-Aid anymore.

    I tend to smile and laugh at them while continuing with what I was doing - frustrates them in no small way

    As to the legal question, unless there is actually a physical threat, I don't know of any law that would apply. The property owner can ask the offender to leave of course - disturbing the peace might be a consideration.
    +1 and also I never involve LEO's if it can be helped. Remember the slogan of "protect and to serve" is really "harass and arrest".

  12. #12
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,610
    Quote Originally Posted by OC Freedom View Post
    +1 and also I never involve LEO's if it can be helped. Remember the slogan of "protect and to serve" is really "harass and arrest".
    That paints with too broad a brush - we don't do that here.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  13. #13
    Regular Member
    Join Date
    Jul 2011
    Location
    northern wis
    Posts
    3,195
    I prefer to let the other person make a fool of them selves.

    If the other person carries on long and loud enough they could be charged with DC.

    Even better if you record their foolishness.

    Same for hunter harassment we had a gal that live next to a large track of public land every time we would be parked at the access she would come out rant a rave and get very DC,

    A short video of her getting in our faces resulted in her being charged. She eventually sold her place and left not to long after.

    Just going about your business as in the OP post works a lot of the time.
    Last edited by Firearms Iinstuctor; 07-10-2014 at 06:55 AM.
    Personal Defensive Solutions professional personal firearms, edge weapons and hands on defensive training and tactics pdsolutions@hotmail.com

    Any and all spelling errors are just to give the spelling Nazis something to do

  14. #14
    Regular Member OC Freedom's Avatar
    Join Date
    Feb 2014
    Location
    ADA County, ID
    Posts
    603
    Quote Originally Posted by Grapeshot View Post
    That paints with too broad a brush - we don't do that here.
    No offense was intended Grapeshot.

    I have many personal relationships currently and in my past with LEO's which has removed my rose colored glasses long ago. My statement was just my opinion based on interaction, experience, and friendships that I have with police officers and deputy sheriffs.

  15. #15
    Regular Member
    Join Date
    Feb 2008
    Location
    Oklahoma City, Oklahoma, USA
    Posts
    580
    Very good OP. I've had a few comments but nothing to that degree. The info posted in response was great.
    AD1(AW) USN (ACT) 12/07/1997-10/02/2011
    TSgt USAFR 10/03/2011-?
    Owner-Bullbuster Taxidermy
    Kids who hunt and fish, don't steal and deal

  16. #16
    Regular Member HPmatt's Avatar
    Join Date
    Aug 2013
    Location
    Dallas
    Posts
    1,597
    Was he visiting OK from Texas? Can't OC here yet. Maybe he was jealous.

    Or p'haps you were wearing an OU or OSU t-shirt - that would make a Texan mad too.
    Like waving a red cape in front of a bull....

    S/O I would do as you did - ignore but keep an eye on. Let him make a fool of himself.
    I like the idea of smiling at him, with perhaps shaking your head from side-to-side like you know the guy is off his rocker.
    “Men live without other security than what their own strength and their own invention shall furnish them"
    -Thomas Hobbes 1651

  17. #17
    Regular Member Maverick9's Avatar
    Join Date
    Apr 2013
    Location
    Mid-atlantic
    Posts
    1,505
    The worst you can do is to talk to them. Just keep quiet go about your business. In fact you can get in your car and drive away.

    I'd consider getting out my cellphone and either film them or pretend to do that. It usually shuts people up when they know they are on camera acting out.

    Do not get close to them. If they start getting close to you, leave, or say "I'm calling 911 now, what's your name?".

    Good luck and hope that never happens to people.

  18. #18
    Campaign Veteran MSG Laigaie's Avatar
    Join Date
    Jan 2011
    Location
    Philipsburg, Montana
    Posts
    3,137
    Quote Originally Posted by Grapeshot View Post
    I find that people with bad manners who rant against RKBA in public do more to help our cause than they might ever imagine. .
    This is very much Truth.

    Recently, the Whatcom County Chapter of Washington Open Carry attended the annual Pride festival, here in Bellingham, the City of Subdued Excitement. We had an info booth and we were doing brisk business. A surly gentleman kept moving around us taking pictures. He then went to the event coordinators and complained about our armed presence. He even had expurgated copies of an ordinance prohibiting OC at "music festivals". He carried copies to each other vendor in hopes of garnering support, but got none. He called 911, the Chief and Deputy Chief showed up, stopped by and said, :Nothing to see here, let's move along." and then they left.

    The gentleman was correct about the ordinance, but left out(by mistake of course) the fact that it has to be in excess of two thousand People, and we were well below that number. Also, the "fest" must be five hours or more.

    The Event managers asked the gentleman to leave after numerous complaints. They also modified their rules to limit the event to for hours in order to "Keep any of us from not bringing our guns." I thought they had a great attitude.
    Last edited by MSG Laigaie; 08-18-2014 at 12:27 PM.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •