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Thread: Told I'll be cuffed

  1. #1
    Regular Member CDT COX's Avatar
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    Told I'll be cuffed

    TITLE EDIT: Told I'll be cuffed


    Thanks in advance


    A couple of minutes ago I left the gas station in my Jeep and the owner (real nice guy, we talk whenever I'm in there, we'll call him Mike) came out and flagged me down. He started off, 'Hey man I don't mind that you carry in here, but the rent-a-cop, came in here the other day and told me that you can’t have it in places that have a alcohol license and that if he saw you, he said he was going to put you in the cuffs'. Mike and the rest of the locals refer to him as the rent-a-cop because he's the only LEO for our town and works 19 hours so the town doesn't have to give any benefits. Mike continued to say that he doesn't care because he knows me and that I carry for the right reasons and that someone else must have told the cop. He likes that I carry and has a 12ga with folding stock under the counter I told Mike that the law says "sold and consumed" and refers to places that sell for consumption on premises like a restaurant or bar and that it's legal for me to carry in his store. I said that I'd continue to carry in his store if he didn’t mind and that if I had to discuss it with the cop then I would. He said again that he doesn't care and it’s fine for me to continue. I said take it easy and stay safe and rode off.


    1st: I am right concerning the sold and consumed aren't I?
    2nd: ^^because this is true, how should I deal with the cop?

    I've decided that if I'm in there and the cop comes in and says something, I'll only give the required name and address if asked and will stand my ground. If he tries to cuff me for doing nothing wrong, I won’t resist and will sort it out if and when he arrests me.
    Last edited by Grapeshot; 06-30-2012 at 09:00 PM. Reason: correct title

  2. #2
    Regular Member Resto Guy's Avatar
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    Maybe have "Mike" give Mr. rent-a-cop a copy of the state laws concerning the issue. And keep a copy on hand.

  3. #3
    Campaign Veteran Schlitz's Avatar
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    Why do We The People constantly having to print out and carry laws to show to LAW enforcement officers. Shouldn't they know this crap? Preaching to the choir...I know...
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

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    Quote Originally Posted by CDT COX View Post
    I'll only give the required name and address if asked and will stand my ground
    Yeah that's not required and I wouldn't give it. You make your own decision but I want to make sure you know there is no requirement even if you are detained legally, and carrying in a place that sells alcohol to be consumed elsewhere certainly does not warrant any detainment whatsoever

    If a cop gets it in his or her head that they want to arrest me for something plainly lawful, I'm just shutting up and going for the ride. I'll let them be educated down the road when more intelligent heads get a hold of the case.

    If you want to avoid anything like that, you could simply print out the relevant portion of NC statutes, highlight the actual law for him, and send it to him certified mail. That is all the effort I would put in to his education and having proof of your conveying the information could be very useful if he decided to move on you anyway.
    "In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot." - Mark Twain

    I don't bother with pragmatic statistics while discussing my constitutional rights. The issue is far less complex, to me. Free men should be able to act like free men.

  5. #5
    Regular Member Resto Guy's Avatar
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    Quote Originally Posted by Schlitz View Post
    Why do We The People constantly having to print out and carry laws to show to LAW enforcement officers. Shouldn't they know this crap? Preaching to the choir...I know...
    Because too many don't know the laws they are supposed to be enforcing. Sucks, doesn't it.......


    I sometimes drive a classic car with a vintage tag on it. The law allows that, but in my glove box is a printed copy of that law for for those cops who don't know the law.

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    I would for sure send him a copy of the laws. I would also keep on OCing.

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    Regular Member paramedic70002's Avatar
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    Send him an invitation

    I'm feeling like a Smartsass today:


    Dear Officer XXXX,

    I understand you have been telling people I am going to get cuffed if you see me at XXX store. There are a few things you need to know.

    1. You can keep your threats about cuffing me to yourself. If you believe I, or anyone, is breaking the law involving a firearm, you should make the arrest.

    2. If you have a problem with something I am doing that you think is illegal, how about manning up and talking to ME.

    3. You might want to double check the law you THINK I am violating before you take action. I'll help, it is Code section_______. In case your reading comprehension fails you, the key phrase you are looking for is "...AND CONSUMED."

    4. So that there's no lingering ambiguity, I'll be at XXX store on _________. Feel free to stop by. If you desire to arrest me, I will not resist. I will however subsequently report the incident to the FBI for criminal prosecution (Title 18 USC Sections 242, 14141), and file a civil suit (Title 42 USC Section 1983), for "civil rights deprivation under color of authority" that should drain the bank accounts of XXX town and you personally.

    Sincerely,



    CC: Mayor, Town Manager, Town Attorney, XXX newspaper, XXX TV station
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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    Wink

    Quote Originally Posted by paramedic70002 View Post
    i'm feeling like a smartsass today:


    Dear officer xxxx,

    i understand you have been telling people i am going to get cuffed if you see me at xxx store. There are a few things you need to know.

    1. You can keep your threats about cuffing me to yourself. If you believe i, or anyone, is breaking the law involving a firearm, you should make the arrest.

    2. If you have a problem with something i am doing that you think is illegal, how about manning up and talking to me.

    3. You might want to double check the law you think i am violating before you take action. I'll help, it is code section_______. In case your reading comprehension fails you, the key phrase you are looking for is "...and consumed."

    4. So that there's no lingering ambiguity, i'll be at xxx store on _________. Feel free to stop by. If you desire to arrest me, i will not resist. I will however subsequently report the incident to the fbi for criminal prosecution (title 18 usc sections 242, 14141), and file a civil suit (title 42 usc section 1983), for "civil rights deprivation under color of authority" that should drain the bank accounts of xxx town and you personally.

    Sincerely,



    cc: Mayor, town manager, town attorney, xxx newspaper, xxx tv station

    love it!!!!!

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    Quote Originally Posted by merit4242 View Post
    love it!!!!!
    Me too!!!! LOL

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    Quote Originally Posted by paramedic70002 View Post
    I'm feeling like a Smartsass today:


    Dear Officer XXXX,

    I understand you have been telling people I am going to get cuffed if you see me at XXX store. There are a few things you need to know.

    1. You can keep your threats about cuffing me to yourself. If you believe I, or anyone, is breaking the law involving a firearm, you should make the arrest.

    2. If you have a problem with something I am doing that you think is illegal, how about manning up and talking to ME.

    3. You might want to double check the law you THINK I am violating before you take action. I'll help, it is Code section_______. In case your reading comprehension fails you, the key phrase you are looking for is "...AND CONSUMED."

    4. So that there's no lingering ambiguity, I'll be at XXX store on _________. Feel free to stop by. If you desire to arrest me, I will not resist. I will however subsequently report the incident to the FBI for criminal prosecution (Title 18 USC Sections 242, 14141), and file a civil suit (Title 42 USC Section 1983), for "civil rights deprivation under color of authority" that should drain the bank accounts of XXX town and you personally.

    Sincerely,



    CC: Mayor, Town Manager, Town Attorney, XXX newspaper, XXX TV station
    If it were me....I would add a few things.

    Notice to the Agent is Notice to the Principle
    Notice to the Principle is Notice to the Agent

    Then I would get that Notarized then go to the Recording Office and Record it.
    Then it is on the Public Record.
    Then send it to them.
    Life is tough, its tougher when your stupid.

    http://www.itsnotthelaw.com

    Feds: U.C.C. 1-308, State: U.C.C. 1-207, Both: U.C.C. 1-103.6

  11. #11
    Regular Member Resto Guy's Avatar
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    Is your latest incident tied to the saga linked below?


    http://forum.opencarry.org/forums/sh...-Statues/page3


    How did it get resolved?

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    Quote Originally Posted by Smith45acp View Post

    If a cop gets it in his or her head that they want to arrest me for something plainly lawful, I'm just shutting up and going for the ride. I'll let them be educated down the road when more intelligent heads get a hold of the case..
    +1

    And make sure you RECORD any meetings with the rent a cop

  13. #13
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    sounds like we need an OC event during this rent-a-cop's patrol.

  14. #14
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    I'd be up for up for that.

  15. #15
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    Quote Originally Posted by Resto Guy View Post
    Is your latest incident tied to the saga linked below?


    http://forum.opencarry.org/forums/sh...-Statues/page3


    How did it get resolved?
    Yes, Please update the other thread! We are anxiosly waiting!

  16. #16
    Regular Member CDT COX's Avatar
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    Today I stopped by to buy some gas, OC of course. Rent-a-cop wasn't there. I gave Mike the OC pamphlet that has the prohibited areas including the "both sold and consumed". Told him if the rent-a-cop comes in let him have a look at it. Will update my other thread.

  17. #17
    Regular Member ADulay's Avatar
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    Quote Originally Posted by CDT COX View Post
    Today I stopped by to buy some gas, OC of course. Rent-a-cop wasn't there. I gave Mike the OC pamphlet that has the prohibited areas including the "both sold and consumed". Told him if the rent-a-cop comes in let him have a look at it. Will update my other thread.
    Perfect.

    Nicely done.

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  18. #18
    Regular Member CDT COX's Avatar
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    *UPDATE*

    I've continued to OC at this store no problem. I walk a dog and ride a bike while OC around town all the time and I know the cop has seen me a couple of times. He's driven by slow and stared at me and I just look right back at him. I'm sure it chaps his ass that he knows that I know he can't do anything. I've commented to my dad that I think he is all talk and isn't going to say anything to me.

    Today I rode my bike up to the store because I needed to get some snacks for later. The cop was parked outside of the store. Hmmm, the stage is set! I decided to take a lap around the block, 1) to completely tuck in my shirt so there could be no dispute over the fact that it was open carry and 2) to decide if it was worth missing the Super Bowl if the cop made good on his threat to cuff me and take me in. I figured ESPN will show all the good replays for the next week anyway so it was time to see what, if anything, the cop would do. I rode up to the store strong side facing and parked my bike. I put down the kickstand and got out my phone to pretend look at while waiting for the cop to make his move. He backed out of his spot, rode by and left. I walked in made my purchase and left no problem.

    Guess he was just trying to scare me into not carrying.

  19. #19
    Regular Member Dreamer's Avatar
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    Good on you!!!

    Resistance IS Victory!
    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."
    --Barry Goldwater, 1964

  20. #20
    Regular Member SGB's Avatar
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    Quote Originally Posted by Dreamer View Post
    Good on you!!!

    Resistance IS Victory!
    "It's easier to avoid conflict than it is to survive it" - SGB

  21. #21
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    Awesome!

  22. #22
    Regular Member Fallschirmjäger's Avatar
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    Down Texas way there's a saying about "All hat, no cattle", I guess we can now add another blowhard officer to that list.
    Last edited by Fallschirmjäger; 02-05-2012 at 07:03 PM.

  23. #23
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    That's great news to hear! Some people like to use their status to push others around. Glad this guy was all bark and no bite, or is it all bark behind your back? Carry on!

  24. #24
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    Quote Originally Posted by Schlitz View Post
    Why do We The People constantly having to print out and carry laws to show to LAW enforcement officers. Shouldn't they know this crap? Preaching to the choir...I know...
    Here is the essential problem. You need a minimum of 7 years of university education to argue the law in a courtroom, but you only need a high school diploma to enforce the law at gunpoint.

    There are thousands of unemployed lawyers in this country. Maybe we need to jack up cops' salaries a bit and start hiring lawyers as cops?

  25. #25
    Regular Member CDT COX's Avatar
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    New Update:

    I just got back from 14 weeks of Infantry OSUT. My brother told me that since I've been gone, a 'gun buster' sign has been posted at this store. Not sure what I missed while I was gone but I'm going to check it out in the morning.

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