Just got the cops called on me

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So I was out of cigarettes and decided to walk two blocks to City Stop. On my way back I was about a quarter of the way when I see a car pull very slowly up to the curb going my direction, every time I got a little bit closer to the car the car pulled up a little farther ahead of me. I wasn't sure what was up so I crossed the street so I would have some distance between me and the car.

The car then stopped at the curb and as I walk by I see a man driving with his cell phone to his ear and a woman in the passenger seat, both of them with their eyes glued to me.

about 3 minutes later a metro cop drives by me then flips a Bitch and pulls up next to the curb about 20 feet ahead of me. He turns on his lights and announces over the PA for me to stop walking and keep my hands in view.

When he got out of the car he just walked up to me, asked for my ID which I said I would not give him, but stated my first middle and last name and that I was a Nevada resident. He then asked me why I was carrying a firearm to which I then stated that I would exercise my constitutional right to remain silent. He then went to his car and asked that I keep my hands in plain sight. While he's in the car the guy who called the cops drove up on the other side of the road, parked and got out of his car walking up on me very aggressively swearing and shouting that "My punk ass was going to go to jail" and "How dare I carry a gun in his neighborhood." At this point the police officer got out of his car and told him to be quiet and go stand in front of his car. He walked over to me and said, "Your name was clear of any wants or warrants, since you haven't broken any laws you are free to go."

Now as I'm walking away this guy who called the cops on me started in on the cop saying, "WTF, he's got a gun and your just going to let him go?" The police officer again told him that unless he wants to receive a citation to "Shut up and listen" and began to educate the guy on Nevada firearms laws. I don't know exactly what was said after that because I was too far away.

I do know this, I think Metro handled the situation fairly and professionally as I was only detained for about 5 minutes, he didn't disarm me or even handcuff me, they didn't grill me with questions, they didn't even ask for my blue card. I assume that's because I have a Nevada ID card and I have my firearms registered in Clark county that he could get my picture and registration info on his computer and see that I'm legit. I guess all he was concerned about was weather I was legally allowed to possess a firearm.

Funny, I think.

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It sounds like you handled that situation very well. To be honest I probably would have been a little freaked out, especially after that @#$% started cursing at you.

Based on his actions, it sounds as though he was harassing you( the ignorant/rude citizen).

He may have inconvenienced you a little bit, but you can sleep softly knowing that he is probably throwing a @#$%-fit about it as we speak and it has ruined his entire day.

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well this guy was well over 6 foot tall and I estimate him to be about 250 lbs, a significant size disparity that had he done that outside the presence of a police officer I would have drawn on him, But since there was a police officer on the science I just kept my mouth shut and let him handle it. Besides I saw that the officer was on top of the situation before he said a word to me.

My guess is that this was a metro cop that probably supports and agrees with our right to open carry but has a duty to answer the call that his dispatcher assigned him.

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Sounds like a win to me!!!

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Nevada carrier wrote:

well this guy was well over 6 foot tall and I estimate him to be about 250 lbs, a significant size disparity that had he done that outside the presence of a police officer I would have drawn on him...

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You would have drawn a gun on a manfor 'very aggressively swearing and shouting that "[Your] punk ass was going to go to jail" and "How dare[you] carry a gun in [my] neighborhood?"'

Why?

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Because he was being aggressive and there was an enormous size disparity. I guess that's one of those things that words don't describe well. I may not have actually drawn on him, I probably would have just placed my hand on the pistol grip and told him not to come any closer and gone from there. I guess I shouldn't say what I would have done because none of can truly say what they would really do in hypothetical situations. So I retract my previous statement as quoted.

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Nevada carrier wrote:

HankT wrote:

Nevada carrier wrote:

well this guy was well over 6 foot tall and I estimate him to be about 250 lbs, a significant size disparity that had he done that outside the presence of a police officer I would have drawn on him...

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You would have drawn a gun on a manfor 'very aggressively swearing and shouting that "[Your] punk ass was going to go to jail" and "How dare[you] carry a gun in [my] neighborhood?"'

Why?

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Because he was being aggressive and there was an enormous size disparity. I guess that's one of those things that words don't describe well. I may not have actually drawn on him, I probably would have just placed my hand on the pistol grip and told him not to come any closer and gone from there. I guess I shouldn't say what I would have done because none of can truly say what they would really do in hypothetical situations. So I retract my previous statement as quoted.

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You seem uncertain.

Not a good sign...

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Did you wave by to him and thank him for trying to ruin your night? Did you happen to notice his license plate? Next time if something like that happens again and it's an out of state plate, they are required to get NV plates in 30 days. 'Cause it sounds like he's from an anti-gun state. Would have been sweet if he would have been the one getting sighted after calling the cops.:monkey

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Well I can't really tell what my perception of the threat would have been absent the presence of a police officer. That's not the scenario I was in. Look we all like to talk about what we would have done or will do in hypothetical situations, but the truth is, life and death decisions are made in fractions of a second in real time, not on an internet forum.

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Sabotage70 wrote:

Did you wave by to him and thank him for trying to ruin your night? Did you happen to notice his license plate? Next time if something like that happens again and it's an out of state plate, they are required to get NV plates in 30 days. 'Cause it sounds like he's from an anti-gun state. Would have been sweet if he would have been the one getting sighted after calling the cops.:monkey

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There are a lot of time share resort clubs in the area. I do recall that it looked like a very new Chevy, could have been a cobalt possibly a rental, no way to know for sure but it did have Nevada plates. After being excused by the officer, I saw no need to make any wise cracks that would draw any further attention to me and just wanted to be on my way.

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Nevada carrier wrote:

Well I can't really tell what my perception of the threat would have been absent the presence of a police officer. That's not the scenario I was in. Look we all like to talk about what we would have done or will do in hypothetical situations, but the truth is, life and death decisions are made in fractions of a second in real time, not on an internet forum.

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Some guy swearing and shouting at you is not necessarily a "lifeand death" situation.

You pull out the ole pistola just because somebody is swearingat you and is really BIG and....well, you justmight regret it.

NC, have you ever heard of something calledHPCSD[suP]©[/suP]?

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Nevada carrier, in the future you may want to choose your words more carefully. However, I understand what you were trying to get across. At any rate, it sounds like things went well. Good!

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Nevada carrier wrote:

When he got out of the car he just walked up to me, asked for my ID which I said I would not give him, but stated my first middle and last name and that I was a Nevada resident. He then asked me why I was carrying a firearm to which I then stated that I would exercise my constitutional right to remain silent.

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I have but one critique for this.

If you are going to exercise your rights, exercise ALL of them. Although NV does have a Stop and Identify statute, it doesn't apply unless the detaining officer has RAS of criminal activity. There was no need for you to supply your name and residence. A hoplophobic bliss-ninny calling the cops with his knickers in a twist because you had the temerity to be in possession of a visible sidearm is NOT RAS of criminal activity.

But... the call was yours to make and you seem to be satisfied with the result, which is what counts.

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Nevada carrier wrote:

Sabotage70 wrote:

Did you wave by to him and thank him for trying to ruin your night? Did you happen to notice his license plate? Next time if something like that happens again and it's an out of state plate, they are required to get NV plates in 30 days. 'Cause it sounds like he's from an anti-gun state. Would have been sweet if he would have been the one getting sighted after calling the cops.:monkey

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There are a lot of time share resort clubs in the area. I do recall that it looked like a very new Chevy, could have been a cobalt possibly a rental, no way to know for sure but it did have Nevada plates. After being excused by the officer, I saw no need to make any wise cracks that would draw any further attention to me and just wanted to be on my way.

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I understand on being a smart a$$. Could have still waved and wished him a good night. Glad the cop handled it good and sent you on your way.

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If you are going to exercise your rights, exercise ALL of them. Although NV does have a Stop and Identify statute, it doesn't apply unless the detaining officer has RAS of criminal activity. There was no need for you to supply your name and residence. A hoplophobic bliss-ninny calling the cops with his knickers in a twist because you had the temerity to be in possession of a visible sidearm is NOT RAS of criminal activity.

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I agree with you but I'm of the opinion that arguing RAS is something to be done by a lawyer in a court of law not by a suspect at the scene of an arrest or investigation. Had the information I provided led to any charges being filed, My lawyer can argue to have any evidence gathered as a result of my statement excluded based on your argument.

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Nevada carrier wrote:

If you are going to exercise your rights, exercise ALL of them. Although NV does have a Stop and Identify statute, it doesn't apply unless the detaining officer has RAS of criminal activity. There was no need for you to supply your name and residence. A hoplophobic bliss-ninny calling the cops with his knickers in a twist because you had the temerity to be in possession of a visible sidearm is NOT RAS of criminal activity.

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I agree with you but I'm of the opinion that arguing RAS is something to be done by a lawyer in a court of law not by a suspect at the scene of an arrest or investigation. Had the information I provided led to any charges being filed, My lawyer can argue to have any evidence gathered as a result of my statement excluded based on your argument.

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I hear this a lot and I understand the reasoning, but I have a problem with it. A violation of rights CANNOT be undone. Should I just lie back and enjoy a treatment of hickory shampoo administered by an overzealous LEO with the thought in mind that I can just sue them later? What if I wind up dain bramaged or dead? Where's MY recourse then? Will a court unscrable my brains or bring me back to life?

No. The time to stand against illegal actions is in the instant. Don't argue RAS...DEMAND that they provide you with RAS of criminal activity the instant they stop you...BEFORE they can get around to asking you any questions. Put THEM off step, and on the defensive in the encounter.

Guard your freedoms jealously, vehemently, and yeas even belligerently if the situation calls for it.

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I'm of the thought that a person should only volunteer as much information as they feel comfortable with. He reserved most of his rights, but provided his name. He certainly didn't have too, but there is no reason why he shouldn't, had he thought it would help the situation.

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As I said before, the call was his to make, and he seems satisfied with the outcome. That's all that really matters.

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I know that we can always fight it, but there have been many cases of the police trumping up charges because a "subject" was belligerent or refused to provide information or... the list goes on...
:cuss:
Here is the rub, you can REFUSE to give them anything, and oops you happened to get a Jerk cop (who doesn't like citizens with guns) instead of the good cop who it seems you got... they can detain you for up to 60 minutes (even if it is for a trumped up charge) Tazer you and Cuff you , give you all kinds of crap, arrest you because you resisted (they have a pissed of complainant probably ready to testify that you pulled the gun on the cops, even though you didn't) And then have to pay a lawyer and fight to get your name cleared (Innocent til proven guilty??? In a perfect world YES...) You could get a judge that is also ANTI gun and running for a liberal senate seat after his Judicial seat is up and decides to make an example of you.... MORE legal fees... In the end IF justice prevails, you can get off and prove that your rights were violated and maybe get some kind of compensation....

OR you could comply with their request and be let go and go about your business...

Now it is going to depend on what you want to do at the time that it happens! If your tired, you want to go home and watch TV and chill... give up the necessary info and be on your way. If you feel like scrapping, and standing firmly in your rights at that moment then by all means DO IT!

I for one can tell you that I have been in BOTH mindsets... Sometime even if I know I am right and I know they CAN'T legally ask me for something (but in reality it's not really going to hurt to give it to them) I would go ahead and give them my name and tell them "Hey I know I did nothing wrong, I know I am legal carrying my firearm openly and I know if this was to go to court the judge would have no choice but to rule in my favor because I am fully within the law. BUT honestly officer, I am tired and I just want to be done with this, so here is my name, you will find that I have a legal NV ID, my gun is Legally registered in Clark County and I am fully within my rights to carry openly. Can I please go now?" :?

Sometimes it is easier to just suck it up and disarm a potentially volatile situation by meeting the cop half way... then fine go to LVMPD and file a complaint later, at least at that point you will likely be walking away unharmed and with your gun...

NOW... I know there are people here going to say "BULLS#*T stand your ground!" and that is fine too, but remember EVERY action has an equal or greater REACTION... when you decide to stand your ground be ready because sometimes standing for our rights can be a horribly PAINFUL and extremely LONG and even EXPENSIVE legal process!

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flagellum wrote:

I'm of the thought that a person should only volunteer as much information as they feel comfortable with. He reserved most of his rights, but provided his name. He certainly didn't have too, but there is no reason why he shouldn't, had he thought it would help the situation.

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I concur. Consider it from the LEO's side for a moment. He/she has to, repeat HAS TO, make an on-the-spot judgment call that you are a law abiding citizen and not a loose cannon. I like the approach of calmly and politely letting the LEO know you know your rights and yet are still willing to give your name up in order to help him/her make the call your way.

Then wait and see what that gets you. If the LEO starts pressing for more and being a jerk, that's for sure the time to go strong and insist on your rights.

It's an imperfect world, sometimes it's best to be a bit tolerant instead of inflexible. I'm not saying just give up everything - drivers' license, blue card, credit cards, cash on hand, favorite shirt, etc. - just that the LEO needs something to hang the judgment call on other than your pretty face.

Like them or not, like it or not, we need LEO's out there helping us protect ourselves.