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Greensboro police and OC?

tarzanman1988

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I just joinned this forum and have recently begun OC with my Glock19, olive drab, in a Fobus holster...always carry very OPEN and nowhere near concealed. I waseating at an establishment in greensboro and the police were called(by someone unknown)...the officer came and detained me and asked for my identification. I cooperated (of course) andshowed him somei.d....i thik he checked to see if i was wanted andalso ran my serial number to see if my gun was stolen. he then thanked me for my cooperation and he talked to the manager of the restaurant and i guess exsplained the situation. Pretty easy encounter overall.Is this the norm for the greensboro police? any thoughts?
 

Ruger

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I too recently started OC'ing in Greensboro, but haven't gone many places with the gun. So far, just Sam's Club & the neighboring Wal Mart (W. Wendover), as well as Party City (Bridford). From what I've heard, GPD responses vary, but it sounds like the officer handled it well in this situation. I'm curious - which restaurant were you in when this occurred?
 

tekshogun

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Yeah, actions will vary with GPD depending on who the responding officers are or what the situation is.

When you say detained, were you handcuffed, asked to step outside, did he/she remove your firearm to check the serial number?

Before you read this, I must tell you that I am not critizing you in any way, just noting some things for you to think about for future encounters. I will tell you that you were not supposed to be detained unless there was reasonable suspicious that a crime had been, was being, or was about to be - committed. Any removal of your firearmor asearch of your gun's serial number must be consented to and giving I.D. in that situation is not allowed except with your consent. I take it you did consent. That is fine, you didn't do anything wrong so you typically will come out ok in that situation. How you may needto react in those situations can vary depending on conditions.

You'll find people here that, for the education of police and the general public, will challenge any voluntary giving up of information, I.D. (unless it is a traffic stop), searches/seizures, and harrassment in general. If a cop insists on taking anything from you, you can refuse consent but let them know that you will not resist. So if they really want to remove your gun or your ID (again, if not a traffic stop) or anything else, do not consent but make it known that you will not resist either. This is not exactly refusing to cooperate as there is no investigation going on. If you give them consent to check you out and find something that may be wrong or out of place, then an investigation has begun and you must cooperate with the exception of telling them anything outside of the presence of a lawyer. Don't incriminate your self (this is possible even when you've done nothing wrong). Someone correct me if I'm wrong, we are still required to give at least our name if we're stopped outside of a traffic stop, correct?

If you are not being detained, unless you want to make conversatoin with the conversation, then there is no conversatoin.

You will also find people that will generally just go with the flow and to get done with a situation quicker, will consent (not cooperate) to the officer's requests.

I can tell you from experience that Greensboro PD are, for the most part, very professional and very cordial people but they will still ask you questions, ask you for information, paper work, ID's, and to seize (temporarily at least) or search your person or property. Remember, a detainment needs some proof of a crime. Openly carrying, per se (by it self), is not a crime.

With all that said, you still handled your self fine. Your situation did not get out of control and you were sent on your way. Did you finish eating or did that whole experience completely interrupt your moment?
 

chiefjason

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tarzanman1988 wrote:
and also ran my serial number to see if my gun was stolen.   

Do you realize he cannot legally do this? YOu were doing nothing illegal were you? What reason did he have to believe your gun was stolen? Because it was a firearm? Look into Terry v Ohio, and realize there is no firearm exception to Terry. Did you ask if you were detained or assume so? I would contact the department and asked if running serial numbers was SOP for them. It usually is and it is wrong, IMO. If it is someone needs to inform them that they cannot treat otherwise law abiding citizens like suspected criminals. It's a pet peeve of mine.

If he did not threaten you with further action then he new full well that OC was legal. Once you were cleared your weapon should be considered clear by proxy. What does he need to run the #s for other than to fish for something about you. It's ridiculous.

Google fu for Terry V Ohio

http://www.google.com/search?client=safari&rls=en&q=Terry+v+ohio&ie=UTF-8&oe=UTF-8
 

tarzanman1988

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he told me he was checking my id and gun's serial number to make sure i was of legal age to possess the gun, which is fair i think as i have only recently turned 21 and even now look slightly younger than that. He also said they routinely run the serial numbers on all firerms they encounter, due to stolen guns being so rampant...i guess even if i bought it from someone, it could still be stolen some time in the past. thanks for the input folks.
 

chiefjason

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tarzanman1988 wrote:
he told me he was checking my id and gun's serial number to make sure i was of legal age to possess the gun, which is fair i think as i have only recently turned 21 and even now look slightly younger than that.  He also said they routinely run the serial numbers on all firerms they encounter, due to stolen guns being so rampant...i guess even if i bought it from someone, it could still be stolen some time in the past.  thanks for the input folks.

Are you OK with him finding out you are legal and still assuming your gun is not? I can understand the ID if you look young. Once it is established that you are legal, it's a non issue. Lots of people steal cars, no they cannot check my VIN because they want to. Lot's of people steal lots of things but no they cannot search anything of mine without some serious cause. I work in an area know for drugs, gangs, and homeless folks, those are all irrelevant if I am not breaking the law. You only have the rights that you stand up for. Again, big pet peeve of mine. Educate yourself here and elsewhere about what your rights are. Without knowledge you can be talked into lots of things that put you in jeopardy. And the #'s run was an attempt to find something on you, believe it. Do you think they would have just let you turn the gun over and walk away?

Good job keeping your cool. Just learn from it for the next interaction.

Check into JL v Florida, it applies strongly here. An anonymous tip of a gun is not enough for a Terry stop.

http://www.google.com/search?client=safari&rls=en&q=jl+v+florida&ie=UTF-8&oe=UTF-8
 
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