Mis-Information about OC with a CCW

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Today during a conversation at work, a visitor noticed my sidearm and we started a conversation. He brought up that he has a CCW but doesnt carry much.

When I told him I had one as well and I carry everywhere, he said, "You arent supposed to carry openly if you have a CCW, they can take away your permit for that!".

I proceeded to tell him that he was wrong but he didnt believe me. At which point I called 311 and was told that its perfectly legal to OC with a CCW.

Where do people get this info? Im thinking its retarded CCW instructors giving out bad info.

-Geoff

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Lots of the CCW instructors prefer to teach their opinions about the law than the law itself. Many of those are current or former LEO.

When I took my class a number of years ago, the Clark County Sheriff conducting the class proceeded to tell me and the rest of the class that OC was not "legal" it just wasn't "illegal" and that I could still be arrested for it.

I told him there was no law making the bologna sandwich he was eating "legal." It was not "illegal," but he might still be arrested. As is frequently the case, he failed to see the point and preferred to continue in his ignorance (and arrogance).

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Yep, CCW instructors being stupid are the main cause. The reasons listed for denial of a permit are the only reasons that a permit might be pulled.

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+1 more reason to print cards

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Just because something is legal doesn't mean you wont get arrested for it

We make the assumption that those who knows the law are police officers, but often they are poorly informed.

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False arrest is both a criminal offense as well as being civilly actionable.

Officers make arrests in ignorance at their own peril.

I know good cops. They don't make arrests on a guess or a hunch. They know, or they check with someone who does know before they put themselves, their department, and the rights of their fellow citizens at risk.

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My father is a retired trooper and my brother is an active state trooper. There are two "good cops" I know very well. Stories both have told me show me just how hard a job they have, and I respect the job they do. One recurring theme is they do not want to arrest you. It may be the first time you've encountered a cop in months, but you're their 20th civilian/suspect today. They could care less about putting you (specifically) in jail, only catching the bad guy.

So I agree that 95%+ of cops will not falsely arrest someone and/or will check with a superior first if they are unsure, but it raises a good point......when false arrests DO happen, what's the next step?

There is no "Citizen Review Board" in Las Vegas and the sheriff has a LOT of power.....

How often do false arrests occur?
How often are they taken to court?
What is the percentage of wins/settlements?
How many in Las Vegas in the last 12 months?
Have there been any successful lawsuits against LVMPD for false arrest?

Tim

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"False Arrests are criminally actionable.. etc"

Yes, but you have to prove it is a false arrest.

Scenario:

1) You are doing open carry, the officer takes away your gun, says that you are under arrest for disturbing the peace.
2) He files a disturbing the peace (you were loud, yelled at him, swore at him) and resisting arrest. You get a nice little knock on the head during your resisting.

None of this actually happened; but this is what he files.

"Disturbing the Peace" is the most common arrest in the United States right now, and almost every Civil Rights Advocate points out that its used when there is no specific crime done. In open carry states, it is used for arresting legal gun-owners when the police need an excuse to arrest someone they detained.

"generally defined as the unsettling of proper order in a public space through one's actions"

Let's assume 99% of the police have good intentions:
That means 1% do not
It means there are still a % that are poorly trained
There are a % that are scarred shitless of people with guns, and the first time they are faced with a situation they will panic.

I am a huge supporter of Law Enforcement, and most of the Uniformed Officers in any form of public safety, let's make that clear. I am also a huge supporter of the General Public, our rights to carry a weapon, and to defend ourselves.

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You never know where it comes from. Some misinformed CCW instructors will teach stuff like that. Law enforcement officers will say that kind of stuff too. They may or may not know what the law is.

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Yep, my CCW instructor specifically stated this as well, but I knew it to be BS when he said it. I questioned, but he clearly indicated that I was breaking his stride.