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Thread: Open Carrying and Charged with Disturbing the peace

  1. #1
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    Im just curious could an officer legally charge you with disturbing the peace for OC and could you be convicted.

  2. #2
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    Seems like it'd be an "aggravating factor" if you did certain things that counted as DTP.

    EG, someone walking along the street at night OCing is not DTP.

    Someone drunk, hoopin' and hollerin' is likely DTP.

    Someone drunk, hoopin' and hollerin' while OCing is even more likely DTP.

    OCing here is usually viewed by default as in the context of law abiding citizens' actions, but I think it could (and should) be viewed differently with regard to anyone who is breaking the law.

    PS, I realize public intoxication, carrying while intoxicated, disturbing the peace, and so on are all different charges...however, someone who is clearly not fit to carry and who is carrying and committing other infractions is, in my estimation, disturbing the peace.

    freedom of speech : yeling "fire" in a crowded theater :: right to keep and bear arms : carrying/operating arms drunkenly or irresponsibly

    all rights have reasonable limitations, namely with regard to infringing upon or impinging on the life, liberty, and pursuit of happiness of other law-abiding citizens.

    So in short, not if you behave yourself.

  3. #3
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    PPS, they "can" charge you with anything, but are less likely to do so if you are polite. So, without bending too much to the will of the state, it is best to remain polite.

  4. #4
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    burninsteeda04 wrote:
    Im just curious could an officer legally charge you with disturbing the peace for OC and could you be convicted.
    Carrying openly is not a crime, nor does it, by itself, create a condition for a crime.

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