SatoriAxiom
New member
imported post
First, anyone in town (or surrounding area) want to get together some time?
Second:
So, I took my pistol class last week to qualify for a CCW permit (which I have now started the wait for . . . day 6 argh!), and one of the guys there (instructor) was an ex-LEO. I asked him about OC, and he said that it is legal (which I knew from coming here), but he said that there would be a significant risk of getting charged with "menacing". I know that the wording of the law states that in order for OC to qualify for "menacing" it must be "in a manner calculated to alarm", but I'm not so sure how that would work out in court. Scenario:
I'm out OCing minding my own business (I'm pretty 'normal' looking and mostly dress in jeans, t-shirts, and some kind of outdoor jacket (NorthFace, Mountain Hardward, and the like)), and I get approached by an LEO who is there because someone called in a 'man with a gun'. He proceeds to charge me with menacing and confiscates my firearm. Fast forward to the court date, and we're before the judge. At this point it would seem that whether or not I was menacing is a discretionary call by the LEO, and in that case its kind of my word against his. It would seem like the judge would be inclined to side with the LEO, no? I mean, I know that it is my right to carry and I in now way intend to be a menace to anyone (except perhaps a criminal), but the judge is not in my head, so he doesn't know my intentions.
Anyway, I've been out OCing several times now to various stores and such (Sooper, B&N, some restaurants, etc, etc), and have never had a problem. I did have the manager and two employees in B&N have and extra long conversation with me about languages, but no one said anything about the gun on my hip. When he first came up, the manager handed the clerk a small scrap of paper with a note on it, and she laughed at him (I was thinking at the time that it may have mentioned that I have a gun, but who knows). After the class, this possibility of 'menacing' has become a concern, so I'd like to hear some feedback if you guys have the time.
Wow, I've written a small novel here. Sorry if I rambled a bit.
Thanks in advance for your time.
First, anyone in town (or surrounding area) want to get together some time?
Second:
So, I took my pistol class last week to qualify for a CCW permit (which I have now started the wait for . . . day 6 argh!), and one of the guys there (instructor) was an ex-LEO. I asked him about OC, and he said that it is legal (which I knew from coming here), but he said that there would be a significant risk of getting charged with "menacing". I know that the wording of the law states that in order for OC to qualify for "menacing" it must be "in a manner calculated to alarm", but I'm not so sure how that would work out in court. Scenario:
I'm out OCing minding my own business (I'm pretty 'normal' looking and mostly dress in jeans, t-shirts, and some kind of outdoor jacket (NorthFace, Mountain Hardward, and the like)), and I get approached by an LEO who is there because someone called in a 'man with a gun'. He proceeds to charge me with menacing and confiscates my firearm. Fast forward to the court date, and we're before the judge. At this point it would seem that whether or not I was menacing is a discretionary call by the LEO, and in that case its kind of my word against his. It would seem like the judge would be inclined to side with the LEO, no? I mean, I know that it is my right to carry and I in now way intend to be a menace to anyone (except perhaps a criminal), but the judge is not in my head, so he doesn't know my intentions.
Anyway, I've been out OCing several times now to various stores and such (Sooper, B&N, some restaurants, etc, etc), and have never had a problem. I did have the manager and two employees in B&N have and extra long conversation with me about languages, but no one said anything about the gun on my hip. When he first came up, the manager handed the clerk a small scrap of paper with a note on it, and she laughed at him (I was thinking at the time that it may have mentioned that I have a gun, but who knows). After the class, this possibility of 'menacing' has become a concern, so I'd like to hear some feedback if you guys have the time.
Wow, I've written a small novel here. Sorry if I rambled a bit.
Thanks in advance for your time.