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Disturbing the Peace while Open Carry

Warren Drouin

Regular Member
Joined
May 27, 2011
Messages
125
Location
Medford, Oregon, United States
Has anyone ever got a arrested or got a ticketed for disturbing the peace while open carry. I ask this because a lot a police say they can use that law and arrest me?

I know the law of Oregon on disturbing the peace law. It says INTENTIONALLY on the disturbing the peace law. Yet, I have read many stories of people that open carry in other states that got arrested and fined for that law. They even went to court to sued the police and lost.
 

Teddybearfrmhell

Regular Member
Joined
Mar 12, 2010
Messages
348
Location
Cottage Grove, Oregon, USA
can the mere presence of a firearm create a disturbance? OR would there need to be other circumstances that would lead to the arrest of anyone, whether or not they were armed.

sounds like somene is getting info so that they can start pushing buttons....

probably the best course of action is to have an attourney research the issue, you will need one soon anyway.....
 

gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
Has anyone ever got a arrested or got a ticketed for disturbing the peace while open carry. I ask this because a lot a police say they can use that law and arrest me?

I know the law of Oregon on disturbing the peace law. It says INTENTIONALLY on the disturbing the peace law. Yet, I have read many stories of people that open carry in other states that got arrested and fined for that law. They even went to court to sued the police and lost.

can the mere presence of a firearm create a disturbance? OR would there need to be other circumstances that would lead to the arrest of anyone, whether or not they were armed.

sounds like somene is getting info so that they can start pushing buttons....

probably the best course of action is to have an attourney research the issue, you will need one soon anyway.....

This is precisely the question at hand. The mere presence of a firearm does not constitute RAS. A mere report of a man with a gun is not grounds for a Terry stop. Florida v. J. L., 529 U.S. 266 (2000). Therefore, under which Oregon Statute could there possibly be a violation. Short of any other behavior??
 

Teddybearfrmhell

Regular Member
Joined
Mar 12, 2010
Messages
348
Location
Cottage Grove, Oregon, USA
This is precisely the question at hand. The mere presence of a firearm does not constitute RAS. A mere report of a man with a gun is not grounds for a Terry stop. Florida v. J. L., 529 U.S. 266 (2000). Therefore, under which Oregon Statute could there possibly be a violation. Short of any other behavior??

my point exactly! the presence of a firearm in and of itself can NOT cause a disturbance..... a disturbance can only be caused by the actions of the individual.
 
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