I was arrested 5-16-2010 for Disorderly Conduct in Wallingford. I currently have a case in Federal Court against the officers for arresting me. (Burgess v Wallingford).
It is fairly widely known to officers these days that breach of peace is not a valid statute to arrest with, but there are likely still some pockets of ignorance. If you are arrested, it almost certainly will not go anywhere in court.
The new tactic I am seeing is officers trying to use Disorderly Conduct. Some officers have the idea that if they can get you to incriminate yourself by saying you were trying to cause alarm then they can get you for DC.
- Do not risk anything you cannot afford to lose.
- Watch this video: http://www.youtube.com/watch?v=6wXkI4t7nuc
- Watch this video: http://www.youtube.com/watch?v=08fZQWjDVKE
- Listen to the BFPE rule on an open carry case: http://ctgunrights.com/06.Audio/Fair...arry.Legal.MP3
- You are not required by a state statute to produce ID if you are not stopped for RAS of a crime. If you don't understand RAS, you need to research Reasonable Articulable Suspicion, Terry v Ohio and Hiibel v Hiibel v. Sixth Judicial District Court of Nevada
- While you are not required to show ID, if you want to lessen your chances of being arrested by a bad officer, offer up your permit, be polite and professional, and say nothing you don't need to say.
As far as statutes? 29-35 is the carry statute. It says nothing of concealed or open carry. There simply is no concealment statute. Laws don't make things legal, so you don't need a statute to allow open carry.
In my experience, it is not worth carrying statutes or paperwork on you. The police won't read it. Even when they do, they just argue with it or say it isn't authoritative. Others may disagree. YMMV
If I am threatened with arrest for open carrying, I simply inform them I will not resist arrest. This usually brings the conversation to a more civil tone. But that also comes from understanding that if they arrest you, it will be a false arrest.
The fact is that you are unlikely to be contacted by police. If you are, you are likely to be detained, IDed and let go. And if you are arrested, the charges are likely to be dismissed. If they are not, you call an attorney and fight them. You will win if you were simply carrying unconcealed in a holster and doing nothing else wrong.
Hope this helps. Ask whatever you want. We can also put on a get together if you would like to OC (or CC and spectate) where at least one other person will be OCing.