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Thread: walmart in slidell leo told me open carry was illegal

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    I saw an off duty leo and asked him what was his opinion on open carry and he said what is open carry so I explained it and was told it was illegal without a carry license and I would be arrested. I showed him a email from the public.affairs office at the state police that said it was legal and the off duty leo said the state police are wrong so I asked him to cite the law that said that he replied with I am the law and if you want to try me go put on your handgun and see who gets thrown to the ground and goes to jail. I am thinking of emailing his chief or going down to the station any help on what to say or bring or anybody want to try and carry in walmart in slidell I don't have a handgun yet

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    ryan26 wrote:
    I saw an off duty leo and asked him what was his opinion on open carry
    You lost me at "asked him."

    What do people NOT understand about "don't ask, don't tell" doctrine?

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    what is the don't ask don't tell doctrine

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    ryan26 wrote:
    what is the don't ask don't tell doctrine
    Don't ask a LEO about the legality of anything. They then won't tell you something wrong.



    Basically, don't ask LEOs about open carry. The odds (as indicated in many posts on this forum) are they really don't know what is and isn't legal when it comes to open carry.

    I don't blame them, totally, most have never encountered a legally armed citizen openly carrying a weapon.

    There are exceptions, I would expect every LEO in Norfolk, VA to know what is and isn't legal when it comes to open carry (too bad they still don't seem to know).



    If you are going to open carry in the municipality that the LEO you spoke with works, make sure you know of a good lawyer and can afford to fight the charges. I'd rather you carry concealed (legally) than plea guilty to a crime you did not commit because you could not afford to fight the charges.

    You could also open carry in a group. A group will garner more attention and require more than one officer who doesn't know the law. There may just be another officer who responds who does know the law and will educate the ignorant LEO.



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    ryan26 wrote:
    what is the don't ask don't tell doctrine
    more broadly, don't ask for permission to carry, concealed, or openly, from anyone - commercial establishments, government buildings, or police officers.

    if you ask permission, you put the person/entitiy on the spot to "approve" your conduct.

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    ryan26 wrote:
    I saw an off duty leo and asked him what was his opinion on open carry and he said what is open carry so I explained it and was told it was illegal without a carry license and I would be arrested. I showed him a email from the public.affairs office at the state police that said it was legal and the off duty leo said the state police are wrong so I asked him to cite the law that said that he replied with I am the law and if you want to try me go put on your handgun and see who gets thrown to the ground and goes to jail. I am thinking of emailing his chief or going down to the station any help on what to say or bring or anybody want to try and carry in walmart in slidell I don't have a handgun yet
    well right there is the perfect opportunity to bring them into line through a 42 USC suit, as well as for false arrest.

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    suntzu,

    What are you referring to "42 USC ssuit"?

    Thanks,

    spp1

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    Why not go ahead and OC in all these places, let us know how it turns out?
    Who knows, you may end up with a new motorcycle, or two !!!
    BE SURE TO CARRY A DIGITAL VOICE RECORDER AND HAVE IT RECORDING CONTINUOUSLY WHILE OPEN CARRYING!!!



    I can understand someone being unaware (coming here after getting harassed) and then told to carry a DVR, but you have been forewarned, if you don't carry one and you get harassed, the first thing that comes to my mind is "dumbass".

    Now, if you do have a DVR and get the whole thing recorded, I'll do a :celebratefor you

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    seaplanepilot1 wrote:
    suntzu,

    What are you referring to "42 USC ssuit"?

    Thanks,

    spp1

    http://www4.law.cornell.edu/uscode/42/1983.html

    42 USC 1983:

    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.



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    ryan26 wrote:
    I saw an off duty leo and asked him what was his opinion on open carry and he said what is open carry so I explained it and was told it was illegal without a carry license and I would be arrested. I showed him a email from the public.affairs office at the state police that said it was legal and the off duty leo said the state police are wrong so I asked him to cite the law that said that he replied with I am the law and if you want to try me go put on your handgun and see who gets thrown to the ground and goes to jail. I am thinking of emailing his chief or going down to the station any help on what to say or bring or anybody want to try and carry in walmart in slidell I don't have a handgun yet
    BE SURE to get them on audio or audio/video doing this....


    and locate yourself a good lawyer..it seems like costly litigation is the only thing they understand.


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    ryan26,

    I carry around a folder with a copy of the Baton Rouge Advocate story about Mark and the Gonzales PD, a summary of 42 USC 1983, and several other pertinent laws. If any police officer gets as huffy as the one you described here, I will give them copies of both the Advocate story and the summary of 42 USC 1983 and tell them to proceed at their own risk.

    I haven't needed it yet, but "it's better to have it and not need it than to need it and not have it." (I know I've heard that somewhere....)

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    I carry around a folder with a copy of the Baton Rouge Advocate story about Mark and the Gonzales PD, a summary of 42 USC 1983, and several other pertinent laws.
    I'm sure it won't hurt, but they're gonna tell you "We ain't in Gonzales!" Unless ofcourse you are in Gonzales.:?.


    Edited for content.

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    mark edward marchiafava wrote:
    Ryan,
    You seem to be a anti-OC cop magnet. All these episodes and you never OC?
    Why not go ahead and OC in all these places, let us know how it turns out?
    Who knows, you may end up with a new motorcycle, or two !!!
    That's what I was going to say. But he has to get his own plate from DMV.

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    mark edward marchiafava wrote:
    Bill,
    Would you believe I'm STILL waiting for my plate? Reckon they're gonna drag their feet getting it to me? The DMV woman said it would take 2 - 4 months. I suspect it'll be 4 instead of 2.
    They're waiting for your SSN.

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    mark edward marchiafava wrote:
    Bill,
    Would you believe I'm STILL waiting for my plate? Reckon they're gonna drag their feet getting it to me? The DMV woman said it would take 2 - 4 months. I suspect it'll be 4 instead of 2.
    If they would have left it up to GPD you would be in Angola and could have made your own.

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    charlie12 wrote:
    mark edward marchiafava wrote:
    Bill,
    Would you believe I'm STILL waiting for my plate? Reckon they're gonna drag their feet getting it to me? The DMV woman said it would take 2 - 4 months. I suspect it'll be 4 instead of 2.
    If they would have left it up to GPD you would be in Angola and could have made your own.
    Man that's wrong ! LOL !

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    ...cops are the last ones I'd ask about any law...they aren't lawyers...and are historically ignorant about law...the years I policed, I had arguments with supervisors and had to read them the law often...they were surprised....no re-training back then...you put out the effort or you didn't know....

    why strike up the conversation and provoke the officer if you weren't carrying? Cops get sick of "Can I shoot 'em if..." type conversations....you'd promote OC a lot more with a friendly howdy....

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