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Thread: A few questions

  1. #1
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    I'm new to opencarry.org here, and have a few questions related to how I should handle myself once I get my permission slip and start myself on my adventure OCing.

    A friend of mine is a cop and basically told me if he saw someone (not me cause he knows me) open carrying around our town he'd stop 'em pretty much consider them a "viable threat to my life", disarm them, pat down for the permit and anything else, run the permit and gun numbers to make sure it's not stolen, ect. ect.

    My cousin had the same thing happen to him a few years ago, got stopped three times in the same day, disarmed, searched, considered a "viable threat" and everything discribed above, needless to say he doesn't OC anymore and rarely CC's.


    Now to my questions,

    How do I handle that type of situation when I come across it? (Besides comply and not get shot)

    How far do I comply? with everything or until I know I'm not going to get shot?

    What are my legal rights, as far as being disarmed, questioned, and searched just for carrying within the law?

    Does anyone else get into this situation a lot?

    How should I handle the "There are enough of us patrolling you don't need to carry on your hip, your a target now" speil that I was told I'd get?

    It's a little discouraging in mississippi with all the technical crap that contradicts Article 2 sec 12 of our constitution to carry because of the "holster is concealed" crap.

    Does anyone know the case law that says that a holster is concealed? I've heard about it and found a few references on this forum to it but I can't find anything substantial.


    Sorry if this is a little lengthy, just kindof want to get most of what I'm concearned about, because most of the family and friends tell me it's not worth the trouble with the cops to open carry, conceal carry and shutup about it. I've gotten into quite a few 'it's legal to do this' or 'your going to get shot by cops because your a threat now' disagreements.

    Any help would be apreciated.

    Thanks from a guy who wants to OC,
    Johnny, B

  2. #2
    y8urp
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    "How should I handle the "There are enough of us patrolling you don't need to carry on your hip, your a target now" speil that I was told I'd get?"


    If there are so many police patrolling and they are so effective at preventing crime then why is there still so much crime? And statistics show crime to be increasing? When the average crime takes seconds, the police are only minutes away. The Supreme Court ruled that law enforcement is not responsible for protecting individual citizens.

    I shoud think police would be more endangered by the many felons carrying concealed weapons than by anyoneopenly and lawfully carrying. Let's face it - how many criminals or those intent on committing a crime openly carry a weapon? None - they don't waant anyone to know. They want the element of surprise on their side!

    These LEOs are wastingeveryone's time whenthey should be"patrolliing". These are either uneducated and poorly trained LEOs or they wish to impose their own misguided opinions on the citizenry. Unfortunatelysome of today's LEOs are either very poorly trained or have had no training at all (many small town forces simply can't afford it or don't retain officers long enough to train them properly). Others come out of academy thinking they are the law and can do whatever they want. I am sure the majority of LEOs do not fall into these categories, but the ones that do give the whole lot a black eye. I apologize if I have offended those LEOs who are fine, upstanding citizens and good, competent officers. That is not my intent. I only aim to point out that not all LEOs are.

  3. #3
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    First thing's first: get a digital voice recorder with long recording time, long battery life, and the ability to easily copy files to your PC. I use this one and recommend it. Keep it in your pocket recording everything as you go about your business while OCing.

    Any police encounter should begin with the following question from you: "Am I being detained, officer?" If the answer is "no", ask "am I free to go?" In theory, any officer with even the most basic grasp of the English language will understand that if you are not being detained, you are free to go. However, I have listened audio recordings of LEO encounters that have me wondering...I blame public schools.

    Now, if the officer says he is indeed detaining you, I do not know Mississippi law regarding disarmament during police encounters. As such, if/when I am ever placed in such a situation, I will tell the officer "I consent to no searches", but I would not stop the officer from removing the firearm from my holster, apart from telling him to be VERY CAREFUL NOT TO SHOOT ME IN THE FRIGGIN' LEG while removing my XDm from my Serpa. That way, if it turns out MS law does not say the police can disarm me during encounters, I have my voice on record saying I don't consent, and can use that if I need to pursue legal action.

    If anyone knows MS law regarding disarmament during police encounters, speak up.

    How should I handle the "There are enough of us patrolling you don't need to carry on your hip, your a target now" speil that I was told I'd get?
    Just ignore any spiel the officer gives you. It has no bearing on whether you are legally carrying. Getting into a debate with an officer on the merits of OC is just pissin' into the wind. It won't end the encounter any sooner, and will probably just make the LEO angry when you begin clouding the issue with facts.

  4. #4
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    I'll have to look into the DVR

    I know you guys must get these questions alot but thanks for you time in answering.

    I know mississippi's laws (from what I've been reading) are contradicting and confusing but thanks for this advice.

    I have to agree with y8urp, those that let things go to their head and let their opinions take precident give the lot a black eye, but hopefully with what this website and the OC movement is doing more people will be open to this right. I know after coming to this site I'm looking forward to carrying on my hip (with a permission slip because of mississippi's screwed up case laws on 'partially conceale' )

    Thankfully,
    Johnny B

  5. #5
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    IIRC Unless the officer in question has a Reasonable Articulable Suspicion (RAS) that you have committed or are committing a crime he has no grounds to stop you. This is a violation of federal law as outlined in Terry v Ohio and is a violation of your civil rights "under color of law". I suggest you become intimately familiar with state laws concerning firearms carry and be ready... just in case.

    It also doesn't hurt to cruise the other forums. You can learn a lot that way.

    I am not a lawyer, nor did I sleep at a Holiday Inn Express last night.
    "All that is required for evil to prevail is for good men to do nothing." - Edmund Burke


    "I like people who stand on the Constitution... unless they're using it to wipe their feet." - Jon E Hutcherson

  6. #6
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    Just ignore any spiel the officer gives you. It has no bearing on whether you are legally carrying. Getting into a debate with an officer on the merits of OC is just pissin' into the wind. It won't end the encounter any sooner, and will probably just make the LEO angry when you begin clouding the issue with facts.
    +1

    Do not physically resist, but do not consent (helps to know your rights and the laws)and be sure to have everything recorded. Let the courts figure out who was in the wrong...If it comes to that.

    Your appearance, attitudeand demeaner will make a big difference on whether or not you will ever be harrassed.

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