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Thread: Would you ask a LEO where you cannot OC in your city?

  1. #1
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    In Billings, MT, I OC everywhere, except where I know it's illegal. However, I'm unsure if I can be OC in a city park. Who would you ask? Do you know?

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    You might try going to the local library and seeing if they have a copy of the city ordinances and look it up youself. Or go to City Hall.

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    hell no dont ask a cop. theyll tell you what they want or what they "think" is right. if you cant read the law for yourself (which is ok, it took me years to finally understand how they write it) then ask an attorney that specifies in firearms. or call the NRA and ask to speak to a lawyer? iv never done or heard of that but i would assume the NRA would help

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    Montana has preemption... http://data.opi.mt.gov/bills/mca/45/8/45-8-351.htm

    and the only places prohibited by state are http://data.opi.mt.gov/bills/mca/45/8/45-8-328.htm

    So if OC is permitted...then it is permitted in a city park...and said City can not make ordinances banning it.
    States dont have rights. People do.

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    I would never ask an OC question to a LEO who I didn't know (and didn't know me) I'd want to know the right answer.

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    Regular Member Jero1987's Avatar
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    Personally I would never ask an LEO a law related question. In my experience they generally do not know the law, and have in the past said that they "Just go by what they are told by their superiors."

    Either ask a lawyer, (I have in the past and only been charged a $30 consultation fee), or search your states code.

    *Addition* I always carry a printout of open and concealed carry laws for my state. A short copy in my wallet and a long printout in my glove compartment. It at least helps educate, not only mistaken LEOs, as well as people with questions.

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    Jero1987 wrote:
    *Addition* I always carry a printout of open and concealed carry laws for my state. A short copy in my wallet and a long printout in my glove compartment. It at least helps educate, not only mistaken LEOs, as well as people with questions.
    Yeah, that's probably the best thingthat can people do.

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    It's generally accepted that LEO's are not a reliable source of legal advice. You could ask a lawyer, but he may charge you for his time and get it wrong anyway.

    Your best bet is to read the relevant codes yourself. OCDO's members should be able to steer you in the right direction, but in the end, you alone are responsible for knowing the law. Where it's vague you have to decide for yourself how to interpret it. I'd err on the side of caution but it's your mind to make up.

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    Regular Member Jero1987's Avatar
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    Tomahawk wrote:
    ....Where it's vague you have to decide for yourself how to interpret it. I'd err on the side of caution but it's your mind to make up.
    This is one of the most frustrating things about reading law code.

    For example,
    § 18.2-283. Carrying dangerous weapon to place of religious worship. If any person carry any gun, pistol, bowie knife, dagger or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place he shall be guilty of a Class 4 misdemeanor.
    What ever happened to common sense law making? Can we not just make it clear?


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    Jero1987 wrote:
    Tomahawk wrote:
    ....Where it's vague you have to decide for yourself how to interpret it. I'd err on the side of caution but it's your mind to make up.
    This is one of the most frustrating things about reading law code.

    For example,
    § 18.2-283. Carrying dangerous weapon to place of religious worship. If any person carry any gun, pistol, bowie knife, dagger or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place he shall be guilty of a Class 4 misdemeanor.
    What ever happened to common sense law making? Can we not just make it clear?

    Thats similar to this one in PA where even the attorney general wont answer whether or not a PA license to carry is a lawful purpose

    18 Pa.C.S. § 912: Possession of weapon on school property (a) Definition.--Notwithstanding the definition of "weapon" in section 907 (relating to possessing instruments of crime), "weapon" for purposes of this section shall include but not be limited to any knife, cutting instrument, cutting tool, nunchuck stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury. (b) Offense defined.--A person commits a misdemeanor of the first degree if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school. (c) Defense.--It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.
    States dont have rights. People do.

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    I asked a watch commander for information on the CA PC 626.9 school zones. He was as helpful as he could be and explained to me how his officers determine if you are in a school zone or not. But because each officer and watch comander make their own decisions on how to measure/enforce the law he would not tell me where he thought i was safe. Because i would then be able to say "well Sgt Joe told me i could"
    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

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    Regular Member Deanimator's Avatar
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    In my personal experience, cops are a reliable source of INCORRECT information on the law. Within the past few months I've had a couple of cops tell me things, that had they acted on them, would probably have resulted in a 1983 Federal civil rights suit against them that they couldn't POSSIBLY have won.

    If you want to know firearms law in your area, ask a well informed lawyer or your local gun rights organization.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

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