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Thread: OC issue in Gaston County

  1. #1
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    Hey guys im new to the forums, a friend pointed me in this direction.

    Ok so here is my story. I was out at the local saki eating with the lady, and in walks city pd. I was sitting with my pistol, secured in its holster, on the outside in plain view. He walks right past my table and doesnt say a word. I continue to eat with the lady, and about 20 minutes later we go to leave. The officer follows us outside and says hey buddy can i talk to you a minute. I turn around and say "yes sir?" He then reaches and pulls my gun from my holster and says "whats this?" I reply "my firearm, that i legally perchased, i have the reciept in my wallet if you wish to see if." He looks me up and down and asks "why are you carrying it??" i reply for "self protection, and as far as i know NC is an OC state, and there is nothing illegal about it." He proceeded to tell me it is an OC state but there is a law about terrorizing the public. He proceeded to unload my XD and had it back, he told me to get a CCW.

    I was at first highly annoyed at his behavior, but after going down to the police station to get my extra mag back that he forgot to handover, i learned that the teenage brats sitting behind us had called 911 and just told them there was a guy with a gun. So i understand his agression.

    So what should i do about OC? i really want to OC , and yes i am getting my CCW.

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    I would have a word with his superior about why your property was illegally seized. He observed you and saw you were doing nothing wrong according to your account. He had no reason to take your firearm, period. They like to push the officer safety issue, but to just snatch it when you are doing nothing wrong is unprofessional IMO.

    And refer them the the NC Supreme Court.

    State v Huntley, what GATTTOTP is.

    http://www.guncite.com/court/state/25nc418.html

    State v Kerner, why we can OC.

    http://www.guncite.com/court/state/107se222.html


    State v Speller, more pro OC, right to bear arms means OC.

    http://www.guncite.com/court/state/86nc697.html


    BTW, when did the LEO's get to tell me how to or where to spend my money or how to live. The "get a CCP" comment was uncalled for. Let us know how it goes.

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    You should stay highly annoyed. There may have been a MWAG call but he observed you for 20 minutes. Well long enough for him to establish your demeanor. Reaching over and disarming you is utterly ridiculous at this point. If I were you I would accept nothing less than his superiors having him personally apologize for his behavior to you and your lady friend. Or tell them you could retain an attorney and have him discuss the matter with them.

    http://policechiefmagazine.org/magaz...ssue_id=122005

    Chief’s Counsel: Responding to Gun Possession Reports
    By John M. Collins, Esq., General Counsel, Massachusetts Chiefs of Police Association, Shrewsbury, Massachusetts



    gipper72488 wrote:
    I was at first highly annoyed at his behavior, but after going down to the police station to get my extra mag back that he forgot to handover, i learned that the teenage brats sitting behind us had called 911 and just told them there was a guy with a gun. So i understand his agression.

    So what should i do about OC? i really want to OC , and yes i am getting my CCW.

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    You might want to consider the purchase of a retention holster. Just a thought.

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    buzzsaw wrote:
    You might want to consider the purchase of a retention holster.Â* Just a thought.
    If they have trained with it, it will not matter. I had a HP take my G19 out of a Serpa holster in a flash. There was nothing I could have done without physically assaulting him. But I was asking him if he wanted me to put it in the truck anyway, so I was expecting it. He was investigating an accident that I was in.

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    Sorry to hear about your bad experience...

    One question though--does that Sushi restaurant sell beer or saki? If they do, it is actually illegal to carry there. I've never been in a Japanese restaurant that DOESN'T serve alcohol, but I hear they exist...

    Just a thought...

    But anyway, if it turns out that you ARE 100% in the right, I'd recommend filing a formal complaint, and perhaps calling the AG and having them review the REAL wording and requirements for GAttTotP with the local LEA. Once they realize that an illegal arrest might result in a big hit to their department's pocketbook, they might change their tune.

    Good luck. If I'm ever in Gastonia, I'll have to stop and get some sushi--while OCing. I LOVE sushi, but all the good sushi bars out here in the eastern part of NC seem to serve alcohol...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
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    I do not believe they serve alcohol there. I have never seen anyone consuming there. They are more like a fast food restaruant. I will ask next time i go. When the officer was talking to me he never mentioned it. I also talked to another tonight, and he agreed that he had no right to take my firearm or tell me not to carry without a CCW. I also got his card so that if i ever have an issue again, I just show them and say, give him a call, he told me everything im doing is legal.



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    I'm not understanding how he got to your gun. Did he just make a grab for it? Did you know you were being followed by him and realize it was an officer? I can't believe anyone would just grab someone's gun like that, very easy way to get hurt. You need to talk to his supervisor, you need to find out who it was. He cannot take your property like that unless you volunteer it.

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    That is scary, I live in Gaston County and OC all the time. I have never run into a police officer that had a problem with it. You should have filed a complaint immediatley about him illegally seizing your property.
    I'm glad that did not happen to me. It would have gone much differently. Probably for the worse. No LEO has the right to tell you to get a CCP.

    Funny, I have been looking at sub compacts and narrowed my choices down to two pistols. Then all of a sudden I thought, why? I can OC pretty much everywhere I can CC... So I decided to put a hold on dropping 1200 bucks for the time being.

    Now for your question, you should continue to OC. It's legal, it's your right, it's what you want to do.

    Anyone have a link to that NC pamphlet? It's a good thing to carry around and if you ever see that LEO again you could hand him one if you are brave. ^_^

    I'm very interested in that officer's name.



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    I cant remember his name exactly, officer burry, buefurd, something along those lines.He isa K9 unit. Im going to continue OC as much as possible.

    And yes it could have been a bad day, My pistol is the springfield XD .40 subcompact. (no it was not concealed) It has the grip safety and the manual safety on the trigger itself. He already had the grip safety pushed down the way he pulled it out, It would have really sucked if the trigger would have caught on my jeans, or the edge of the holster.

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    gipper72488 wrote:
    It would have really sucked if the trigger would have caught on my jeans, or the edge of the holster.
    Depends on if it was a flesh wound or not

    You could have been a very rich man

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    Sam wrote:
    That is scary, I live in Gaston County and OC all the time. I have never run into a police officer that had a problem with it. You should have filed a complaint immediatley about him illegally seizing your property.
    I'm glad that did not happen to me. It would have gone much differently. Probably for the worse. No LEO has the right to tell you to get a CCP.

    Funny, I have been looking at sub compacts and narrowed my choices down to two pistols. Then all of a sudden I thought, why? I can OC pretty much everywhere I can CC... So I decided to put a hold on dropping 1200 bucks for the time being.

    Now for your question, you should continue to OC. It's legal, it's your right, it's what you want to do.

    Anyone have a link to that NC pamphlet? It's a good thing to carry around and if you ever see that LEO again you could hand him one if you are brave. ^_^

    I'm very interested in that officer's name.

    I would be interested in the link for the NC OC cards or pamphlets too.

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    I live in Gastonia. I generally shoot at shooters express, or firepower in charolette

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    I also shoot at shooter's. (lqtm that sounds funny)

    I'll have to look up Firepower.

    Maybe you can help me vote for an OC dinner closer to us. =) Last one was too far for me. =(

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    Firepower has a better selection than shooters in my opinion. But the only reason i go there is when i go to shoot with my buddy. He works security as presby hospital, so he gets free range time there.

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    gipper72488 wrote:
    Hey guys im new to the forums, a friend pointed me in this direction.

    Ok so here is my story. I was out at the local saki eating with the lady, and in walks city pd. I was sitting with my pistol, secured in its holster, on the outside in plain view. He walks right past my table and doesnt say a word. I continue to eat with the lady, and about 20 minutes later we go to leave. The officer follows us outside and says hey buddy can i talk to you a minute. I turn around and say "yes sir?" He then reaches and pulls my gun from my holster and says "whats this?" I reply "my firearm, that i legally perchased, i have the reciept in my wallet if you wish to see if." He looks me up and down and asks "why are you carrying it??" i reply for "self protection, and as far as i know NC is an OC state, and there is nothing illegal about it." He proceeded to tell me it is an OC state but there is a law about terrorizing the public. He proceeded to unload my XD and had it back, he told me to get a CCW.

    I was at first highly annoyed at his behavior, but after going down to the police station to get my extra mag back that he forgot to handover, i learned that the teenage brats sitting behind us had called 911 and just told them there was a guy with a gun. So i understand his agression.

    So what should i do about OC? i really want to OC , and yes i am getting my CCW.
    LEO's need to start treating people with more respect. I wonder how he would feel if I walked up to him and tried grabbing his pistol out of his holster...

    His opinion isn't law, even though he thinks it is. You need to get that 'cammando's' name and file a complaint.

    I'd be calling my lawyer... and i'd invest in some sort of recording device, be it just audio or audio/video. Regardless, somebody needs an attitude adjustment.

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    I think when someone calls 911 and say's there is someone with a gun they should ask IS IT HOLSTERED? But thats my opinion.

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    Sam wrote:
    I also shoot at shooter's. (lqtm that sounds funny)

    I'll have to look up Firepower.

    Maybe you can help me vote for an OC dinner closer to us. =) Last one was too far for me. =(
    I agree. I would like to participate in a OC supper sometime.

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    Here is the thread with the NC OC pamphlet in it. Make sure you download the last version. There were some revisions.

    http://opencarry.mywowbb.com/forum41/37190.html

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    chiefjason wrote:
    Here is the thread with the NC OC pamphlet in it. Make sure you download the last version. There were some revisions.

    http://opencarry.mywowbb.com/forum41/37190.html
    Thanks.

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    chiefjason wrote:
    I would have a word with his superior about why your property was illegally seized. He observed you and saw you were doing nothing wrong according to your account. He had no reason to take your firearm, period. They like to push the officer safety issue, but to just snatch it when you are doing nothing wrong is unprofessional IMO.

    And refer them the the NC Supreme Court.

    State v Huntley, what GATTTOTP is.

    http://www.guncite.com/court/state/25nc418.html

    State v Kerner, why we can OC.

    http://www.guncite.com/court/state/107se222.html


    State v Speller, more pro OC, right to bear arms means OC.

    http://www.guncite.com/court/state/86nc697.html


    BTW, when did the LEO's get to tell me how to or where to spend my money or how to live. The "get a CCP" comment was uncalled for. Let us know how it goes.

    The other issue I would press is that if you were a threat to the officers safety or those who called 911, he wouldn't have waited until you left to disarm you. He also would have called for backup.

    In the discussion with the supervisor, I would ask what the SOP (standard operating procedure) is for this situation. I would also ask how he plans on making sure it doesn't happen again (phrase it more like "what type of training program do you paln to implement to ensure that other law abiding citizens rights are not violated").

    I would also mention that the officer snapping your loaded firearm out of the holster is a good way for an accidental discharge to occur.......

    4th amendment violation in my book.


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    Hey OP,

    Any updates available?

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    I havent had any more problems. I spoke with officer Atkins with gastonia PD, and he said that the other officer over reacted. Im avoiding filing a complaint for now, As i will be applying to Gastonia PD for the upcoming BLET class

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    Cool beans!

    Good luck!

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