Godscreation
Regular Member
imported post
I wrote to the Huntersville's Police chief, inquiring his knowledge of OC. If you hate how I wrote this letter, sorry, it's already sent. If you like it, feel free to copy it and put in the appropiate names for your town. I just sent it out, so when (or if) I get a response I will post his response here in this forum. Here is the letter to the chief of police.
Chief Potter:
My name is David; I am 22 years old and a resident of Huntersville. I am writing to you out of concern for my 4[sup]th[/sup] amendment and my 2[sup]nd[/sup] amendment rights. As you may or may not know, the state of North Carolina allows the open carry of a firearm without a license or permits as long as it is in plain view and not concealed. Additionally North Carolina statute14-409.40 says:
- Statewide uniformity of local regulation
(b) “Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts.”
With this in mind, I have read stories from around the nation in the newspaper and have seen news footage of citizens who were unlawfully detained, searched, had their weapons and ID seized till they finally came to the conclusion that the citizens were not breaking any laws. The following links are just some examples of what I fear may happen to me as well as many other law abiding, honest citizens of Huntersville:
http://www.thetimes-tribune.com/articles/2008/06/24/local_news/19797629.txt
http://www.youtube.com/watch?v=dV1GlD1aOjE
We can see from the first article that these men were being peaceful with their families eating dinner when officers ordered them out of the restaurant, had them lean against the wall while their weapons were seized and their ID’s checked. The other link, the video, is one of Utah citizens who are complaining that they are being unreasonably stopped by law enforcement officers for simply exercising their 2[sup]nd [/sup] amendment rights. Carrying a firearm in the open is a right that is protected by the Constitution of the united States as well as our state Constitution of North Carolina.
Finally, I point to the US Supreme Court which ruled in the case of “Florida vs JL” that:
“An anonymous tip that a person is carrying a gun is not, without more, sufficient to justify a police officer's stop and frisk of that person.”
Simply receiving a call that someone has a gun is not enough probable cause warrant a stop and search of a person
Are your officers aware of this? If they see someone like me carrying a firearm in the open, are they trained to realize that I am not breaking any laws? If you receive a call of a man with a gun, are your officers and dispatchers trained to ask the right questions such as “are they threatening anyone?” “Are they waving it around to scare people?” “Is it in a holster?” Questions such as these as to inquire if the person with a gun is going armed to the terror of the people or simply exercising a right is essential for your officers to respond appropriately.
Thank you for reading this and I hope to hear from you soon, as do many other citizens in the surrounding area of Huntersville. We appreciate what you do and realize you have a large responsibility. I know some of your officers personally and I can say that they truly do meet your department's slogan "Honor, Professionalism, Dedication".
Sincerely from a concerned citizen
David G.
I wrote to the Huntersville's Police chief, inquiring his knowledge of OC. If you hate how I wrote this letter, sorry, it's already sent. If you like it, feel free to copy it and put in the appropiate names for your town. I just sent it out, so when (or if) I get a response I will post his response here in this forum. Here is the letter to the chief of police.
Chief Potter:
My name is David; I am 22 years old and a resident of Huntersville. I am writing to you out of concern for my 4[sup]th[/sup] amendment and my 2[sup]nd[/sup] amendment rights. As you may or may not know, the state of North Carolina allows the open carry of a firearm without a license or permits as long as it is in plain view and not concealed. Additionally North Carolina statute14-409.40 says:
- Statewide uniformity of local regulation
(b) “Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts.”
With this in mind, I have read stories from around the nation in the newspaper and have seen news footage of citizens who were unlawfully detained, searched, had their weapons and ID seized till they finally came to the conclusion that the citizens were not breaking any laws. The following links are just some examples of what I fear may happen to me as well as many other law abiding, honest citizens of Huntersville:
http://www.thetimes-tribune.com/articles/2008/06/24/local_news/19797629.txt
http://www.youtube.com/watch?v=dV1GlD1aOjE
We can see from the first article that these men were being peaceful with their families eating dinner when officers ordered them out of the restaurant, had them lean against the wall while their weapons were seized and their ID’s checked. The other link, the video, is one of Utah citizens who are complaining that they are being unreasonably stopped by law enforcement officers for simply exercising their 2[sup]nd [/sup] amendment rights. Carrying a firearm in the open is a right that is protected by the Constitution of the united States as well as our state Constitution of North Carolina.
Finally, I point to the US Supreme Court which ruled in the case of “Florida vs JL” that:
“An anonymous tip that a person is carrying a gun is not, without more, sufficient to justify a police officer's stop and frisk of that person.”
Simply receiving a call that someone has a gun is not enough probable cause warrant a stop and search of a person
Are your officers aware of this? If they see someone like me carrying a firearm in the open, are they trained to realize that I am not breaking any laws? If you receive a call of a man with a gun, are your officers and dispatchers trained to ask the right questions such as “are they threatening anyone?” “Are they waving it around to scare people?” “Is it in a holster?” Questions such as these as to inquire if the person with a gun is going armed to the terror of the people or simply exercising a right is essential for your officers to respond appropriately.
Thank you for reading this and I hope to hear from you soon, as do many other citizens in the surrounding area of Huntersville. We appreciate what you do and realize you have a large responsibility. I know some of your officers personally and I can say that they truly do meet your department's slogan "Honor, Professionalism, Dedication".
Sincerely from a concerned citizen
David G.
