Open Carry & Disorderly Conduct

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So, plenty of people have asked the question... If I'm open carrying and someone becomes alarmed and the police are called. At which point does someones sense of security trump my right to bear arms?

What I've gotten from the general consensus is that it doesn't. Disorderly conduct would most likely be the charge an officer would use; however, what I'm looking for is any specific legal reasoning as to why this holds true and if there's any existing case law to back it.

Anyone?

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The deciding factor is what state you are in, followed by preemption statutes.

I suggest that you post your concern in portion of OC.org dedicated toDelaware goings-on, and see what turns up.

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By its nature, openly carrying a gun isn't disorderly conduct. It only crosses that threshold when you start intentionally scaring folk with it, by brandishing, or pointing at your gun during an argument, or some other specific act designed to scare someone. The problem arises with individual cops choosing to interpret the law on their own when coupled with something that's "out of the ordinary," as I think of it. There are genuine incidents of disorderly conduct, such as a raving derelict on a street corner is spouting off nonsense as loudly as he can, or a drunk trying to pick a fight. Unfortunately, the DC laws I've seen are so broadly written that a cop has very, very, very wide latitude in grabbing someone off the street and charging them with DC as a tactic to end some conduct or situation he or she simply doesn't like.

Will a disorderly conduct charge stick for walking around town and OCing a gun? No. Will a cop threaten it if some soccer mom gets scared? "Certainly not" all the way to "definitely," depending on the area of the country you're in; it's at their prerogative until you get before a judge. And the crux of the question: will it actually happen? I've lived in the most liberal spot of Colorado for several years, walked in front of many cops (including groups of them), had some anti-gunners give me unwanted hassle, but in the end, I've never had a single problem where someone's asked me to leave a store or where a cop has given me guff, and certainly haven't been threatened with DC or something of that nature. It's not something I worry about.

Addendum - I cross-checked "carrying a handgun" and "disorderly conduct" on Lexis-Nexus for Delaware and got 0 hits from the appeals circuit, so it seems that no charges have stuck for it in your neck of the woods. I assume that going on the precept that anyone convicted of it would at least file an appeal, whether or not it was accepted.

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Disorderly Conduct in Delaware is defined as:

'Intentionally' calling public inconvenience and alarm or creates a risk of: engaging in fighting, making unreasonable noise, disturbing a lawful assembly, obstructing traffic, congregating and not dispersing with others, creating hazardous or physically offensive condition which serves no legitimate purpose.

That's paraphrased, but a fairly accurate jist. I think that 'intentionally' part is the catch... It's not my intent to cause alarm, I'm simply being prepared.

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IF OC is legal where you will be carrying then who cares. They complain and as long as you are within the law most likely you will be ok. Make sure you know where it is legal and where it is not. This is your right to exercise. Are you going to let someones hurt feelings get in the way of that?

Or you will be one of those folks we all talk about when the cops made a bad choice and harrass or arrest you and you become the next police overstepping ther duty news story.

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Not sure if disorderly conduct = disturbing the peace, but where I grew up in Nebraska, thats what you would likely be chraged with. An Omaha cop actualy said, "If you are openly carying, you are disturbing someones peace". Fortunatly, the Omaha cheif of police came out and said that was not true, but that atitude remains all across Nebraska. Good thing I live in Colorado now!

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hogleg wrote:

IF OC is legal where you will be carrying then who cares. They complain and as long as you are within the law most likely you will be ok. Make sure you know where it is legal and where it is not. This is your right to exercise. Are you going to let someones hurt feelings get in the way of that?

Or you will be one of those folks we all talk about when the cops made a bad choice and harrass or arrest you and you become the next police overstepping ther duty news story.

Click to expand...

Hogleg,

Simply because, where I live -- yes, it's lawful; however, it's practically unheard of. Never in my lifetime have I seen someone open carry in this state outside of a gun ship or range. I want to have a suitable argument prepared in case I find myself in a cell.

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Wynder wrote:

hogleg wrote:

IF OC is legal where you will be carrying then who cares. They complain and as long as you are within the law most likely you will be ok. Make sure you know where it is legal and where it is not. This is your right to exercise. Are you going to let someones hurt feelings get in the way of that?

Or you will be one of those folks we all talk about when the cops made a bad choice and harrass or arrest you and you become the next police overstepping ther duty news story.

Click to expand...

Hogleg,

Simply because, where I live -- yes, it's lawful; however, it's practically unheard of. Never in my lifetime have I seen someone open carry in this state outside of a gun ship or range. I want to have a suitable argument prepared in case I find myself in a cell.

Click to expand...

Look at it this way. If it is indeed, fully legal in your state and you are arrested and jailed while lawfully exercising your rights, you may have a large enough lawsuit on your hands to bring about an early retirement. If enough of such suits are filed and won, the good citizens will quickly get tired of their tax monies being spent on illegal pursuits by zealous prosecutors and may decide that said officials should be making sandwiches instead of destroying good citizens lives.