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Thread: When an Detains you, asks why you are carrying a gun...

  1. #1
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    Two things to remember:

    1) Do not talk, ever. Ever
    2) If they do not let you go, remain calm and ask them only that they have a supervisor come to the scene. Most supervisors know the gun laws in the State of Nevada.

    best,
    Pace

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    Pace wrote:
    Two things to remember:

    1) Do not talk, ever. Ever
    2) If they do not let you go, remain calm and ask them only that they have a supervisor come to the scene. Most supervisors know the gun laws in the State of Nevada.

    best,
    Pace
    I haven't been checking all the threads. Did it happen to you?

  3. #3
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    some one should create a " what to do" guide when approached by LEO during OC.

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    Mike In Reno wrote:
    some one should create a " what to do" guide when approached by LEO during OC.
    when stopped by LEO you should say" HELLO"
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  5. #5
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    How about " Hello, can I help you?"

  6. #6
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    i would ask "Am i Being detained" if not, then im free to go, have a nice day sir....

  7. #7
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    "I have the right whereas you do not?"

  8. #8
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    Mike In Reno wrote:
    some one should create a " what to do" guide when approached by LEO during OC
    OC is a tough call. I contacted Karen Fraley, who was at that time Reno's Deputy City Attorney and Legal Advisor to the Reno Police Department. She may still hold that position. I sent her an e-mail regarding open carry in Reno and this is the response that she sent to me:

    "Firearms are regulated by the State of Nevada and local jurisdictions
    may only regulate the unlawful discharge of a firearm within the City
    limits. I am unaware of any state statute that would prohibit an
    individual carrying a firearm in a holster openly displayed. There are,
    however, state statutes prohibiting firearms in certain locations. You
    may wish to refer to NRS for further.

    Businesses can, of course, regulate whether firearms are permitted
    within their businesses.

    I think you can expect an officer to talk to you should one see you
    walking down the street with a firearm in a holster. It is also highly
    likely that citizens would call in to report an individual with a
    firearm, causing a police response. Normally, those who wish to be
    armed obtain a CCW permit and simply carry it concealed, which causes
    much less concern on the part of citizens and officers."

    Karen S. Fraley
    Deputy City Attorney
    Legal Advisor - Reno Police Department

    She encouraged applying for a CFP and acknowledged that OC would be met with LEO intervention. I was surprised to read about the encouragement to obtain a concealed firearms permit, but it became logical when they want to discourage open carry. Most jurisdictions are probably pissed off because of the preemption law. Until open carry is banned, there is nothing the local jurisdictions can do. Even Clark County is being met with huge resistance now.

  9. #9
    Regular Member BBJCaptain's Avatar
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    Las Vegas Metro PD has just rolled out a new mandatory training program for all POST officers (both regular metro and corrections). The training must be completed by November 1 for commissioned employees below the rank of Deputy Chief. The training is an elective for all other employees (administrative, dispatch, etc).

    The purpose of the training is to familiarize officers with Nevada law regarding the legality of open carry, and to clarify the department's policy on the proper response to citizens exercising their second amendment rights.

    I've reviewed the training material and scenarios, and feel that it is a fair and balanced view of the law.

    The training gives officers 3 "what-if" scenarios to review, and highlights what is and is not reasonable articulable suspicion to perform a Terry stop. At more than one point, the training stresses that the open carry of a gun - in and of itself - is NOT cause for anything other than a consensual encounter.

    It makes the point that random "registration" checks are not allowed, and that any articulable suspicion must be based on the totality of the circumstances. If the firearm is all you have, you don't have anything.

    The three scenarios are:

    Man with a gun call on the strip at night. (There are other factors besides the gun. Gang dress/paraphernalia, potential under-age drinking, perhaps "known" to the officer to be a prior felon, etc.)

    Man with a gun call, walking his dog - walks through a resident's back yard. (Gun alone is not RAS, but wearing a stocking cap in hot weather, may have trespassed on the caller's property, etc may provide RAS for issues other than the firearm.)

    Group with guns on Fremont Street Experience. This is a nearly textbook example of an OCDO gathering. It describes a group of people from 35-60yo, open carrying, but not engaging in any other suspicious or potentially illegal behavior.

    In all three scenarios, the training discusses what peripheral issues may or may not create RAS/PC for a detention, but it continues to stress that the presence of an openly-carried firearm is not RAS alone.

    It makes mention of groups potentially "baiting" the officers to see how they will respond. It specifically deals with civil rights violations. It also makes the point that criminals do not normally carry weapons openly in a holster.

    All in all, I thought it was fair, accurate (with some minor points under review), and should be a big help in educating local LE personnel.

    I believe OCDO was directly and indirectly a part of the impetus for this training, and I'm proud to say that rather than escalated harassment as we've seen in other parts of the country - our local LE leaders have stepped up by providing fair and balanced training to the officers on the street.

    Kudos to LVMPD!

    P.S. The training specifically cites the US vs. Ubiles decision that possession of a firearm alone is not RAS. http://openjurist.org/224/f3d/213/un...v-kahli-ubiles

  10. #10
    Regular Member Vegas Rick's Avatar
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    Any idea how North LV can be similarly evolved? Like sending them something about Metro program? I always OC and had no problems so far, but it's always good to be proactive.

    (BTW: "Group with guns on Fremont Street Experience. This is a nearly textbook example of an OCDO gathering. It describes a group of people from 35-60yo, open carrying, but not engaging in any other suspicious or potentially illegal behavior." --- oh, no, I'm DISSED ... I'm 67, not 60. I worked hard to get that extra 7 years and oughta' get credit! )
    "Let your gun be your companion on all your walks."
    -- Thomas Jefferson
    who might have wished he carried my .45ACP G-36 1+6+1

  11. #11
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    Hmm, this is old news. It came out last August and was due to be completed by all Metro officers by November 1, 2009.

    See this thread:

    http://opencarry.mywowbb.com/forum36/30420.html

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