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Say I'm walking around with a sweatshirt which is covering the top half of an empty holster, but a police officer can still see that I am wearing a holster. What can a police officer legally do?
My guesses and responses:
1. Detain you for suspicion of carrying a concealed weapon.
Can a police officer detain you without any knowledge that you aren't permitted to carry a concealed weapon?
2. Stop you to ask to perform an (e) check.
Can a police officer stop you to perform an (e) check if he isn't sure a weapon is present? If I were to remain silent, what recourse would a police officer have at that point?
3. Arrest you for a violation of PC 148.
Maybe they'd be angry that you'd walk around with an empty holster. Maybe they would think the only reason you would do that would be to delay a police officer. I would argue that carrying an empty holster is a sign of protest over our lost second amendment rights. A prosecutor might argue that a covered holster where a bystander couldn't see that the holster was empty is not speech.
Say I'm walking around with a sweatshirt which is covering the top half of an empty holster, but a police officer can still see that I am wearing a holster. What can a police officer legally do?
My guesses and responses:
1. Detain you for suspicion of carrying a concealed weapon.
Can a police officer detain you without any knowledge that you aren't permitted to carry a concealed weapon?
2. Stop you to ask to perform an (e) check.
Can a police officer stop you to perform an (e) check if he isn't sure a weapon is present? If I were to remain silent, what recourse would a police officer have at that point?
3. Arrest you for a violation of PC 148.
Maybe they'd be angry that you'd walk around with an empty holster. Maybe they would think the only reason you would do that would be to delay a police officer. I would argue that carrying an empty holster is a sign of protest over our lost second amendment rights. A prosecutor might argue that a covered holster where a bystander couldn't see that the holster was empty is not speech.