imported post
PASTATECONSTABLE wrote:
Agree with you 100%, and yes your point of the Christians shoving their cross in your face is also wrong, thats the point I am trying to make if someone wants to excercise their right just have common sense about it.
A guy legally OC his gun with a handful of brochures in the middle of 10 ole ladies and saying "here take my brochure" is doing one thing and one thing only....intimidating old ladies, bottom line and they can argue till the end of time otherwise but that is what they are doing and wanting to feel like a cowboy amongst them.
Okay, but what we're talking about here in this thread is someone being
arrested for "public nuisance" or "disturbing the peace" for doing nothing more than carrying openly in compliance with the law.
Think about what kind of s--tstorm would come down on your head if you arrested someone on either of those charges while wearing a cross and handing out Christian evangelical literature. Is that person "intimidating" non-Christians? Imagine if you tried to justify treating the cross ("it's an object!") around the neck of the person you put in handcuffs as a "public nuisance" because some Jews or atheists were, or might have been, offended.
There is no "right not to be offended." If someone is "intimidated" by a peaceable person carrying a sidearm, they need psychological therapy, not police force. Offending someone you're not even looking at is not "trampling on their rights."
As far as arrest someone for OC, hell no not as constable or as a sheriff, because it is legal, now out and about as a sheriff if I have a justifiable and reasonable suspicion then I may detain you briefly (which is perfectly legal according to the USSC) until I know nothing is wrong,. Key words here before people jump all over that.....justifiable and reasonable
I'm thankful that you recognize it as legal, however, please consider whether you are permitted to detain someone solely on that basis, as has been done over and over again across the country as documented in this forum.
If you see someone peaceably carrying a sidearm, doing absolutely nothing out of the ordinary, do you have any
articulable suspicion that a crime
is being or is
about to be committed?
The
Terry v. Ohio case doesn't apply here. In that case, as I'm sure you know, Terry and his cohorts were watched for several minutes before the first contact was made as they were casing a shop for a robbery. There were very specific actions that they took, and which were described by the officer involved, as clearly characteristic of a casing operation. The warrantless search of their outer clothing was for the purpose of officer safety, to find CONCEALED weapons that might pose a threat to the officer.
If someone is carrying OPENLY, doing NOTHING else suspicious, then
Terry is doubly irrelevant - you already know they're armed, so you don't have to search their outer clothing for weapons, and you have no basis on which to initiate any investagatory detention since there is no reason to think that they are breaking or about to break any law.
Are you legally permitted to pull an adult over while they're driving the speed limit and breaking no other traffic laws just to check whether or not they have a valid drivers' license? It's the same thing with open carry.