Anyone (else) been charged with Carrying a Concealed Weapon while OCing?

After getting charged with carrying a concealed weapon this weekend while OCing, I was wondering if anyone else had had this problem. The arresting officer said the only way to OC was to have your gun/holster strapped to the top of your head so that it would be visible from 360 degrees. Yep, seriously.

calynn said:

After getting charged with carrying a concealed weapon this weekend while OCing, I was wondering if anyone else had had this problem. The arresting officer said the only way to OC was to have your gun/holster strapped to the top of your head so that it would be visible from 360 degrees. Yep, seriously.

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IF the is truly the law, then it seriously NEEDS TO BE CHANGED!

JoeSparky said:

IF the is truly the law, then it seriously NEEDS TO BE CHANGED!

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This NOT the law here, and this is not a typical LEO response in NC. There are multiple laws that need to be amended/removed, but OC as a whole typically goes over pretty well.

calynn, I know we have talked a little via pm, please keep us updated here on the forum.

Also, I will be sending you another pm momentarily.

Officer Barney Fife there's gonna try and push his weight around, The charge won't stick and I'd sue the pants and badge off him. In order for a firearm to be considered concealed, it doesn't have to be visible from 360 degrees it just has to be visible when looking at the area where the gun is and has to be identifiable as a firearm. It won't stick.

J_Oliver said:

Officer Barney Fife there's gonna try and push his weight around, The charge won't stick and I'd sue the pants and badge off him. In order for a firearm to be considered concealed, it doesn't have to be visible from 360 degrees it just has to be visible when looking at the area where the gun is and has to be identifiable as a firearm. It won't stick.

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You're right, it won't. That doesn't change the fact that it's going to cost calynn a ridiculous amount of money.

As you said, "sue the pants and badge off him." He should know better, and probably does.

I would try to get a meeting with a magistrate or DA. The show them stuff like this and ask why they insist on going against the NCSC.

State v Huntley

But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (p.423)offence. For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime. He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.

http://www.google.com/url?url=http:...untley&usg=AFQjCNHJF_gtD6vweBDMlZjESiTOavrc0w



State v Kerner

This constitutional guaranty was construed in State v. Speller, 86 N.C. 697, in which it was held that the distinction was between the "right to keep and bear arms" and the "practice of carrying concealed weapons." The former is a sacred right based upon the experience of the ages in order that the people may be accustomed to bear arms and ready to use them for the protection of their liberties or their country when occasion serves. The provision against carrying them concealed was to prevent assassinations or advantages taken by the lawless; i.e., against the abuse of the privilege.

http://www.google.com/url?url=http:...kerner&usg=AFQjCNFKFiFEEexVGOXy37dRNPN36wQBtQ


The cop is wrong. Get it tossed then sue.

Caylnn this happen in Cameron? I live near Cameron and oc a lot never had a problem. Keep us posted

chiefjason said:

I would try to get a meeting with a magistrate or DA.

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The magistrate says that the reason the didn't try to bring me to the jail for falsification of records (they seriously didn't believe I got a permit from the SD) was because he wouldn't have signed off on anything of the sort.

Yeah guys, I'm glad to hear the support. I knew I was right, but sometimes that doesn't matter.

It wouldn't have been that big of a deal, if he would've admitted he was wrong (the arresting officer). Even the Senior Investigator of the PD told them not to charge me with it and that he would be happy to be subpoenaed on my behalf. Either way, they seized my gun (pissed) until my court date at the earliest, which is late December.

I'm not the lawsuit type at all, but this place was so out of hand, I'm really considering it.

Aberdeen PD was the agency, occurred at Thomas Tire.

I've written it up, waiting to be cleared by my attorney to release details.

calynn said:

After getting charged with carrying a concealed weapon this weekend while OCing, I was wondering if anyone else had had this problem. The arresting officer said the only way to OC was to have your gun/holster strapped to the top of your head so that it would be visible from 360 degrees. Yep, seriously.

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Gind a good attorney who can get these charges quashed and then sue for violation of the 4th amendment ( I assume you were arrested, cuffed, etc.). The law here is "clearly established," see State v Kerner (state cannot require permit for open carry) so you should not have a qualified immunity problem.

Aberdeen police department - law enforcement code of ethics

Posted on their website....

AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice.

I WILL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in observing the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

I WILL never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without force or violence and never accepting gratuities.

I RECOGNIZE the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession...Law Enforcement.

Someone local should email the head of the PD and ask them their opinion on open carrying.

Northerner said:

Posted on their website....

AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice.

I WILL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in observing the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

I WILL never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without force or violence and never accepting gratuities.

I RECOGNIZE the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession...Law Enforcement.

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You think that's funny? Try reading their "Core Values" section of the website. (http://www.townofaberdeen.net/core_values.htm)

It makes no mention whatsoever of enforcing the law.

mekender said:

Someone local should email the head of the PD and ask them their opinion on open carrying.

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Michael Connor
Chief of Police

If you have any questions or concerns, please contact me at (910) 944-9721 or mikeconnor@aberdeenpolice.com.

good luck to the OP. Sounds like you have a pretty open and shut case. Sucks that you will have to go through this mess, but it should result in at least one power hungry cop learning (a hopefully expensive) lesson.

I never have liked Aberdeen

Aberdeen huh?
Interesting.
I'll be OCing there next week.

Good luck with the charge (though I'm sure everything will work out).

....

calynn said:

The magistrate says that the reason the didn't try to bring me to the jail for falsification of records (they seriously didn't believe I got a permit from the SD) was because he wouldn't have signed off on anything of the sort.

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I have looked at my Mom's permit and my permit (Both issued by Carter at different times) And the Signature looks about the same. So I have an idea he was the one too sign mine So the Magistrate could be wrong.
If its the same magistrate that was there in 08 He has been known too be wrong...

sultan62 said:

You think that's funny? Try reading their "Core Values" section of the website. (http://www.townofaberdeen.net/core_values.htm)

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And I quote, from said page:

[FONT=Arial, Helvetica, Sans Serif] PROTECTION OF LIVES AND PROPERTY [/FONT]​

[FONT=Arial, Helvetica, Sans Serif] The protection of lives and property is our primary responsibility and it is for that purpose that we exist.(1) We must protect all persons against those elements in society, which seek to harm and/or deprive our citizens of their rights to life, liberty and the pursuit of happiness. We will apply all our resources to the prevention of crime and the apprehension of criminals. We have an obligation to provide the perception of a safe environment and secure neighborhoods, streets, parks, schools, businesses and homes.[/FONT][FONT=Arial, Helvetica, Sans Serif](2)[/FONT]

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[FONT=Arial, Helvetica, Sans Serif]


[/FONT][FONT=Arial, Helvetica, Sans Serif](1)[/FONT] Apparently the people who write the copy for the APD have never heard of "Warren v. DC". Not only is protection of individual citizens NOT their "primary responsibility", they have, by definition of the SCOTUS, "no duty or legal obligation" to do so.

Local PDs are essentially a private security force, under the employ of the corporation that is their employer--the municipality. They exist to keep order among the public, to protect the property of the municipality, and to guard the safety of public officials. They are tasked with INVESTIGATING crimes--AFTER they happen, and with apprehending suspects as determined by the DA or prosecutors office. That is their ONLY legal obligation or duty. Period.

[FONT=Arial, Helvetica, Sans Serif](2)[/FONT] Notice that phrase in red... "PERCEPTION of safety". They are not tasked with actyally providing REAL safety. They are functionally incapable of doing so, and legally under no obligation to do so. But they are admitting right here, that they are essentially there just to make people FEEL safe... Sad, truely sad...

And it seems like they think the way to ensure their population "feels safe" is to intimidate people who exercise their 2A rights, and threaten them with false arrest, filing false charges, and raping and pillaging their Constitutional Rights...

Get a good lawyer. Right now. Even if they never return your firearm, you should get enough of a judgement (DO NOT take a settlement)--AFTER you WIN the case--to buy several new replacements...

Get a good lawyer.

And one more thing. I know this should have nothing to do with an incident like this but what do you look like? Young, middle-aged, old? Black, white, hispanic, native American? Long hair or short hair?

I'd be willing to be that you don't look ANYTHING like me (middle-aged, slim, clean-cut white guy) which unfortunately may explain the attitude you experienced...

mekender said:

Someone local should email the head of the PD and ask them their opinion on open carrying.

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If you can, just leave them be... I wanna blindside them. If not, please don't refer to this situation.

Dreamer said:

Get a good lawyer. Right now. Even if they never return your firearm, you should get enough of a judgement (DO NOT take a settlement)--AFTER you WIN the case--to buy several new replacements...

Get a good lawyer.

And one more thing. I know this should have nothing to do with an incident like this but what do you look like? Young, middle-aged, old? Black, white, hispanic, native American? Long hair or short hair?

I'd be willing to be that you don't look ANYTHING like me (middle-aged, slim, clean-cut white guy) which unfortunately may explain the attitude you experienced...

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In the process of finding a good one now. I'll post up a pic later, but I'm 20 about 5'8", short hair, clean shaven... I was wearing my NC STATE hoodie though, with jeans and boots. I really don't think it would've mattered though what I was wearing.

To clear up any confusion, I was not driving and I was carrying a Smith & Wesson 4006 in a Blackhawk SERPA holster -- it doesn't get more visible than that!

calynn said:

If you can, just leave them be... I wanna blindside them. If not, please don't refer to this situation.



In the process of finding a good one now. I'll post up a pic later, but I'm 20 about 5'8", short hair, clean shaven... I was wearing my NC STATE hoodie though, with jeans and boots. I really don't think it would've mattered though what I was wearing.

To clear up any confusion, I was not driving and I was carrying a Smith & Wesson 4006 in a Blackhawk SERPA holster -- it doesn't get more visible than that!

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Here is 3lawyers in that area that is good.

http://www.superpages.com/bp/Southe...ices-L0091175956.htm?&rwtab=1#BPinfoContainer

I was told Costanza is the go to man in moore county now.


http://www.vancamp-law.com/CM/Custom/Attorneys.asp

I know people Personally who use Eddie Meacham He is a good criminal Defense lawyer.


I know a guy personally who was charged with murder in moore county his Attorney was James Van camp The out come was better than expected Mr van camp is another good one.
http://www.vancamp-law.com/CM/AttorneyBios/JamesVanCamp.asp

Just some of the lawyers off the top of my head in that area I know too be good.
Not sure what their price range is.

Van-camp and Meechum work together. Know the work of both of them, looking for a specific 2nd amendment strong attorney at the time... and might've found one! Thanks for the advice though!