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Thread: First time open carry in the Martinsburg area

  1. #1
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    First time open carry in the Martinsburg area

    Hello everyone,

    First post here and also first time of open carrying. I decided to try it out at night with less people in the stores just to get a feel for it and as to not cause that big of a scene on the first time, because it does cause a scene around this area.

    First off I left my mothers house after helping her with a few things and when I left, to my surprise, there was a DUI check point at the end of the development on rt9. I had my 9mm SR9 on the passengers seat in plain sight. I stopped at the check point and the officer saw my pistol and asked if it was loaded, I said yes. He ran my license and such and asked a few question pertaining to drinking and then handed me back my papers and said have a nice night.

    Second off I went to a local gas station to get gas. I holstered my pistol before exiting the car, pumped gas and then went inside to pay. There were numerous people inside the store and not one seemed to mind. The cashier looked directly at my holstered pistol and did seem a little nervous, but not alarmed. As a matter of fact he wasn't going to card me for my tobacco purchase until I showed it to him at will, as to easy his nervousness. I then left the store.

    Third off was Walmart. People in general seemed a little more uneasy at the sight of my open carry in Walmart, mainly employees of the store, they seemed to take a double look at me. I walked through the store at a normal speed and picked up the things I needed and headed for the check out. As I was standing in line to check out I only had a few items and the lady in front of me told me I could jump in front of her. She noticed my pistol and smiled as I said thank you and moved ahead of her in line. The cashier smiled and replied very well when I asked her how she was doing this evening. I payed up and left the store. As I was leaving I saw a group of employees standing outside the store all talking and pointing at me as I walked by them. I did not hear what was said but one can only assume.

    Finally I got in my car and unholstered my pistol. As I drove through the town of Martinsburg to go home I noticed at least three MPD cars headed towards walmart with lights not on. So altogether nothing really happened that was unexpected and I am certainly going to continue to open carry around the area and I posted this to let everyone in the area know they should as well.

    Thanks for reading.
    Justin M.

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    Glad you had a good experience!

    My husband and I both OC every time we come to Martinsburg/Shepherdstown area to visit family. Most people don't seem to notice, and the few that do are nervous but so far, un-confrontational. I recommend carrying a recorder, if you don't already, just in case.

  3. #3
    Regular Member Motofixxer's Avatar
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    Quote Originally Posted by MilProGuy View Post

    The account of your encounter with the LEO at the DUI checkpoint was especially encouraging.


    Which part was encouraging? The illegal and unlawful checkpoint, detention absent RAS, the demand for ID absent RAS, or the deprivation of his right to travel?


    I won't criticize someone's choice in action and response, because that is a personal choice. But "encouraging" is not what comes to mind.
    Last edited by Motofixxer; 10-01-2011 at 11:48 PM.
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    Quote Originally Posted by PistolPackingMomma View Post
    Glad you had a good experience!

    My husband and I both OC every time we come to Martinsburg/Shepherdstown area to visit family. Most people don't seem to notice, and the few that do are nervous but so far, un-confrontational. I recommend carrying a recorder, if you don't already, just in case.
    I plan on doing so, because the city police here are not the most professional. I wish they were more like the state troopers or the county police in which I can joke with and they all seem to be easy going. Just yesterday a state trooper came into my place of business and I offered HIM a pink version of one of my products and he laughed and said; "I don't think that will go over too well." I'm not here to bash officers of the law because I think, in general, they are just like you and I and respect our rights and want those rights to be upheld just as much as we do. It's the few bad ones in the group that give them a bad name and the same going for people who carry openly. We all need to be professional in our OC just as an officer needs to be professional.

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    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by Motofixxer View Post
    Which part was encouraging? The illegal and unlawful checkpoint, detention absent RAS, the demand for ID absent RAS, or the deprivation of his right to travel?


    I won't criticize someone's choice in action and response, because that is a personal choice. But "encouraging" is not what comes to mind.
    All of it was encouraging to me.

    I didn't know that DUI checkpoints were illegal.

    If folks don't break the law by drinking and driving under the influence, they have nothing to worry about at a DUI checkpoint.

    I never have had a cause for concern at one of the checkpoints; and I rather appreciate the law enforcement agencies who conduct them.

    Perhaps they'll prevent some drunk from causing an accident and taking innocent lives.

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    Regular Member Motofixxer's Avatar
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    Quote Originally Posted by MilProGuy View Post

    I didn't know that DUI checkpoints were illegal.

    If folks don't break the law by drinking and driving under the influence, they have nothing to worry about at a DUI checkpoint.

    I never have anything to worry about at a DUI checkpoint. But if you know and understand RAS...Reasonable Articulable Suspicion. Then you would understand why they are illegal. They have no cause to stop you. They haven't observed you doing anything. But you are forced to stop if not...well you know what happens then. They are conducting random searches for cause, which are illegal. Would you have any problem with them sitting at every intersection asking to see your DL to make sure you have it. Cuz you know you might hurt somebody with your car if your not properly licensed. You would have a problem with it, everyone would. When they have free reign to stop you randomly and demand you prove yourself innocent and show your papers, it's a slippery slope to well...lets just say a not very nice society

    "Stopping an automobile and detaining its occupants constitute a "seizure" within meaning of the Fourth and Fourteenth Amendments, even though purpose of stop is limited and resulting detention is quite brief." [Delaware v. Prouse, 440 US 648]

    "When officers detained defendant for the purpose of requiring him to identify himself, they performed a "seizure" of his person subject to the requirements of the Fourth Amendment." [Brown v. Texas, 443 US at 47]

    "The Fourth Amendment, of course, applies to all seizures of the person, including seizures that involve only a brief detention short of traditional arrest." Davis v. Mississippi, 394 U.S. 721 (1969); Terry v. Ohio, 392 U.S. 1 , 16-19 (1968).

    "Whenever a police officer accosts an individual and restrains his freedom to walk away, he has `seized' that person," id. at 16 , and the Fourth Amendment requires that the seizure be "reasonable." United States v. Brignoni-Ponce, 422 U.S. 873, 878 (1975

    Traffic infractions are NOT crimes. Traffic charges are ex parte (From a one-sided or strongly biased point of view) and do not support the presumption that speeding is unsafe. See Jim Crockett Promotion, Inc v City of Charlotte, 706 F2d 486, 490-491 (CA 4, 1983).

    "No State government entity has the power to allow or deny passage on the highways, byways, nor waterways… transporting his vehicles and personal property for either recreation or business, but by being subject only to local regulation i.e., safety, caution, traffic lights, speed limits, etc. Travel is not a privilege requiring, licensing, vehicle registration, or forced insurances." Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 169 N.E. 22.

    "Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government." [Brenninger V. U.S. 338 US 160]
    Last edited by Motofixxer; 10-03-2011 at 03:41 AM.
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    Why were you unholstering and reholstersting?

    Handling your firearm more than is necessary is a sure fire recipe for a negligent discharge.

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    Quote Originally Posted by MilProGuy View Post
    All of it was encouraging to me.

    I didn't know that DUI checkpoints were illegal.

    If folks don't break the law by drinking and driving under the influence, they have nothing to worry about at a DUI checkpoint.

    I never have had a cause for concern at one of the checkpoints; and I rather appreciate the law enforcement agencies who conduct them.

    Perhaps they'll prevent some drunk from causing an accident and taking innocent lives.
    Too many years in the service I suspect.

    The point is the unlawful detention of US citizens from freely moving about the country under the guise of public safety. I suspect the LEOs could have been on the road looking for drunk driver and have a better outcome. These checkpoints really don't improve safety and are intrusive to a free people.

    As Doug would opine "safety is the tyrants tool...for who could be against safety."
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    Quote Originally Posted by Shallnotbeinfringed View Post
    Why were you unholstering and reholstersting?

    Handling your firearm more than is necessary is a sure fire recipe for a negligent discharge.
    Well because if I did not unholster and lay it on the seat I would be concealing would I not. Think if I get pulled over and my gun is on my right side and the officer comes up to the drivers window he can not see the gun; therefore making it concealed. It is required to be in plain sight while in a motor vehicle.

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    My apolgies, I thought you had your CHL.

    Be aware there is a line in the DNR code that prohibits carrying a loaded gun in a vehicle unless you have your CHL.

    I'll do a quick search and see if I can find it.

    Edit:

    Found the thread:

    http://forum.opencarry.org/forums/sh...ar-carry-in-WV
    Last edited by Shallnotbeinfringed; 10-10-2011 at 11:43 AM.

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    Regular Member R50FJ60's Avatar
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    I think my buddy and I ran into a friend/aquaintance of yours tonihgt. We were buying ammo in the walmart on foxcroft ave. Got to chatting with him and what he was carrying. I mentioned I was on here and that someone had posted about oc'ing in martinsburg and he said his friend had some lady in wal mart call the cops on him and that the cops showed up and didn't really care.
    Not sure if it was you he was referring to or not, but it was good to see someone carrying (he was concealed but he flashed us {giggity} his firearm) and that's how we got to talking about OC and CC in wva.
    Last edited by R50FJ60; 10-11-2011 at 09:22 PM.

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    The very well might have been me. I have OC'd multiple times since this original post and I have had a few not so nice conversations with people who don't understand it is legal, but I educate them a little and move on with my day. I carry to protect myself and to educate others not to show off, but some people don't see it that way.

    If anybody wants to meet up anywhere in the eastern panhandle let me know. justinmang892@yahoo.com

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Quote Originally Posted by Motofixxer View Post
    "Stopping an automobile and detaining its occupants constitute a "seizure" within meaning of the Fourth and Fourteenth Amendments, even though purpose of stop is limited and resulting detention is quite brief." [Delaware v. Prouse, 440 US 648]
    Definitely a good quote, but I believe Delaware v. Prouse also authorizes the stopping of automobiles without RAS:

    The holding in this case does not preclude Delaware or other States from developing methods for spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion. Questioning of all oncoming traffic at roadblock-type stops is one possible alternative.
    Not that I agree with it.

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    Regular Member Motofixxer's Avatar
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    I do not consent, am I free to go, I won't answer any questions for cause, I do not consent, am I free to go, I won't answer any questions for cause, I do not consent, am I free to go, I won't answer any questions for cause, I do not consent, am I free to go, I won't answer any questions for cause, I do not consent, am I free to go, I won't answer any questions for cause....



    Amendment 5-
    "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury













    Last edited by Motofixxer; 10-24-2011 at 07:56 PM.
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    Regular Member Motofixxer's Avatar
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    Quote Originally Posted by bigtoe416 View Post
    Definitely a good quote, but I believe Delaware v. Prouse also authorizes the stopping of automobiles without RAS:



    Not that I agree with it.
    Ok then...here is more.

    "Where an individual is detained, without a warrant and without having committed a crime (traffic infractions are not crimes), the detention is a false arrest and false imprisonment."
    Damages Awarded: Trezevant v. City of Tampa, 241 F2d. 336 (11th CIR 1984)

    "Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal liberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the l4th Amendment and by other provisions of the Constitution." - Schactman v Dulles, 96 App D.C. 287, 293.

    Case law shows that the "liberty" protected by the Fourteenth Amendment extends beyond freedom from bodily restraint and includes a much wider range of human activity, including but not limited to the opportunity to make a wide range of personal decisions concerning one's life, family, and private pursuits. See Meyer v, 262 US 390, 399; 43 SCt 625, 626; 67 L Ed 1043 (1923), and Roe v Wade, 410 US 113, 152-153; 93 S Ct 705, 726-727; 35 L Ed 2d 147 (1973). One of these life, family, private pursuits is obviously driving.
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