Pedestrian Detained by Police for Legal Open Carry

  

“The officer detains me without suspicion of any criminal activity in violation of Delaware v Prouse. He admits his sole reason for stopping me is my legally carried firearm in violation of US v DeBerry. He seizes my weapon with no reasonable suspicion that I’ve committed a crime in violation of Terry v Ohio. He demands my ID without reasonable suspicion in violation of Hiibel v Nevada.” -boyscout399

 
 
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  • HongryHawg

    Looks like this guy did his homework before walking out the door.

    • mjem

      He did great!!!!!!!!!

  • jb80538

    Supervisor made the right call. Too bad it took a supervisor to become involved.

    • Laura From Arizona

      Hopefully he will set up a little training about handling this kind of situation.

  • http://www.facebook.com/825sbrd Russ Fowler

    If you done nothing wrong..I have no problem showing my ID. There are a lot of crazy walking around and the police do not know everyone. Show your ID and in 2 min you will be one your way. You got to show respect to the police, they have no ideal who they are checking out. A job I do not want. Police are shot everyday trying to protect everyone.

    • CaptTurbo

      Donuts don’t shoot.

      • Combat Veteran Seabee

        Wanna bet, the blue donuts have killed more American citizens in error than any honorable and honest armed citizen ever has!!

        • CaptTurbo

          I think it’s the green ones that you need to watch out for.

        • http://www.facebook.com/john.brashear.31 John Brashear

          just look at the last Police shootout in New York….

          • CyclingFoodmanPA

            Yea, thanks to nanny Bloomberg and his cracker jack police force. Took out the bad guy and shot 9 innocent people in the process. Can you say major lawsuit against NYC. I woudl want to sue nanny B. for all he is worth, run for mayor, and allow everyone to open carry. Bet crime would go down!

    • http://pulse.yahoo.com/_LORYVS2PAEZVGBWJ7VQFDZC3PY len

      “You got to show respect to the police”
      =================
      Wrong…
      The police got to show respect for the law.
      The police has no obligation to protect individuals (US Supreme Court)

      • http://www.facebook.com/john.brashear.31 John Brashear

        correct…..

    • Laura From Arizona

      Please note that the pedestrian gave his gun to the police officer to hold which he did not legally have to do. The officer in turn accidentally pointed the weapon at the pedestrian while it was loaded!
      As for “checking out” the guy, there was no legal reason to do so. Nobody had reported a crime. Nobody claimed he was a crazy person brandishing a gun on the street. Nobody claimed they knew him to be illegally carrying the weapon.

      The officer admitted that it was only the holstered gun itself that someone objected to or was afraid of. And that’s just too bad, legally speaking.

      Would you like an officer to detain you, ask for your I.D. and tell you to take off your shoes because someone had called the police to report that they were intimidated by your Nikes??? In states with laws “allowing” its citizens to carry their weapons openly in public, or concealed in public (with or without a permit depending on the state) the weapon is nothing more than any other object owned by the citizen which s/he is carrying around in public. PERIOD.

      • http://pulse.yahoo.com/_MJ2KA7K46X3IXO3JX7JFOS7PNY tazz_89103

        if these morons would get them self’s educated about gun’s and why people carry today they would not get so bent out of shape.They think only bad guys carry

    • http://www.facebook.com/john.brashear.31 John Brashear

      then you are in a data base as a person of interest…..and some are shot breaking the laws and trashing peoples Constitutional Rights

    • Rocketman

      first the police have no reason to be stopping anyone just because they are carrying, the constitution gives us that right. people like you are the reason it is getting to be a police state!! Unless they are commiting a crime the police and nibby nosed people like you need to mind their own business,people would get along much better!!!!

      • Laura From Arizona

        RIght, Rocketman! When did “Live and Let Live” die?

    • ANTICRIME

      THANKS, RUSS, for having good common sense, my friend!

  • http://www.facebook.com/people/Carol-Jean-Goodwin/1513718033 Carol Jean Goodwin

    If more citizens had open carry permits, this would not have happened.

    • http://pulse.yahoo.com/_LORYVS2PAEZVGBWJ7VQFDZC3PY len

      There are no “open carry permits”: you only need a permit to carry concealed (which is also questionable). The guy is a hero.

    • Laura From Arizona

      You mean, “if more states allowed open carry and their citizens carried, this would not have happened.” Like len says, open carry does not require a permit. Some states require a permit to carry concealed. Not all states are the same. Make sure to know that laws in your state and any state you travel to/through with your guns.

    • Crashaxe

      Every American citizen has a permit, It’s called the Second Amendment!

    • http://www.facebook.com/robert.andersonsr Robert Anderson Sr

      TRUE-There is one State that just told it’s people that IF they don’t have a Gun or Carry -They will have to pay a fine of $500.00 !

      • ANTICRIME

        WHAT STATE? ~ To FORCE a person to purchase a firearm that does NOT want a firearm is just as unconstitutional as forcing them to buy healthcare!
        COMMON SENSE dictates that people who fear firearms can be a danger not only to themselves but bystanders! Any state or municipal government that would impose such a foolish law leaves themselve WIDE-OPEN to liability lawsuits!

        • James Darrow

          Actually requiring gun ownership is within a states powers under the 10th amendment (as it’s not prohibited to the states anywhere in the constitution). A FEDERAL law on the other hand is only constitutional if it falls under a specific power granted by the constitution. Your reference to healthcare is correct in the case of federal law (e.g. obamacare) but not in the case of state law (e.g. “romneycare” in mass). The only possible issue with a state mandatory firearm ownership law is if no exception is provided for those with religious objections.

          Also I haven’t heard of any states that mandate it, but there is a town in Georgia that requires every household to own a weapon ( I don’t think carry is mandatory)

          • CQ

            Kennesaw, GA, is said to require a gun in every household.

      • CQ

        It is not a state, it is the town of Kennesaw, GA.

  • http://www.facebook.com/Wolfman4u Wolfman Thomas

    I got stopped by Arizona police for open carry which is legal in Arizona I think when thay seen my Ca plate I was a easy target for a set up. I told them I think it is legal in Arizona to carry a gun one cop tells me not for Ca. residents and asked me why I had a gun in his state in the first place. I told him to protect myself from illegal aliens they both got in their cars and left.

    • Laura From Arizona

      How did they know you were carrying your gun openly? Where did you have it and how/when did they see it?

      • CQ

        Laura, open carry means it is out in the open and can be seen. How much clearer do you want that spelled out?

      • http://www.threepercenters.net/ The Diagnosis

        “Open” being the operative word here. Not “concealed” but “open” as in “open” in sight of the public.

        • Poodleguy

          The definitions of ‘concealed’ varies from state to state, for instance in Az, before the right to carry concealed law was enacted & it was illegal to carry concealed unless you had a CCW permit that you had to attend classes to obtain & which you can still get so as to comply with reciprocity laws of the other states that allow carry conceal. The definition was that if any part of the weapon or it’s holster could be seen, the weapon was not considered concealed. This is what varies from state to state. Open carry is just that but it also probably varies as well from state to state.

  • j

    every one should know the law as this man.. amen.

    • http://www.facebook.com/robert.andersonsr Robert Anderson Sr

      Every State is different on Open Carry! Not all can you ! SO IF your going to carry-Have a permit to start and check on the states laws before you go !

  • dave

    video not there. None. What’s going on?

  • CaptTurbo

    Good for him. He stood up among a nation of wusses.

  • craig

    time to sue ..we all have this right

    • BobM001

      A Lawsuit would serve NOTHING. Better this tape be distributed to all LEAs as an example of what LEOs “should not do”. If a state has “open carry” laws.

  • 2pvtyork17

    Da im the police i got a gun and a badge so im a god to you sir, submit or i will bust your ass

  • Magnum

    This is a great example of why it’s best to “carry concealed” where it’s allowed. Even where legal, open carry is bound to draw unwanted and unneeded attention from nervous citizens, with the results shown here. In many jurisdictions, the police aren’t going to be as reasonable as those shown here, and it’s a sure bet they would resent a legal lecture, and find some way to give you a hard time. I’ve “carried” for 40 years, and found it’s wisest to stay under the radar, unless you are dead set on making a point, and being an activist.

    • http://pulse.yahoo.com/_LORYVS2PAEZVGBWJ7VQFDZC3PY len

      There were no “nervous citizens” in America where everyone carried openly. So what happened??

      • Beedogs

        Liberals took over education and government.

        • http://pulse.yahoo.com/_MJ2KA7K46X3IXO3JX7JFOS7PNY tazz_89103

          ya but they been in control a lot longer than most think , like for the past 20 yr’s or so

          • http://www.facebook.com/wayne.graff.58 Wayne Graff

            Try since the sixties, when the kicked God out of the schools.

          • Laura From Arizona

            You’re right Wayne. In 1964 I was in third grade. It was a cold day and I put my long hair under my sweater to keep my neck warm. My best friend of all people complained to our teacher that it “wasn’t fair”! As you can guess, our teacher ordered me to take my hair out of my sweater and agreeing with my friend that since not all the girls had long hair, I had no right to do what I was doing with my own hair since they could not do it too.

      • http://pulse.yahoo.com/_MJ2KA7K46X3IXO3JX7JFOS7PNY tazz_89103

        we grew up, and became civilized, So i am told

        • siquijorisland

          W
          who grew up, really not very many liberals act like grownups.

        • http://www.facebook.com/joy.k.pressley Joy Knight Pressley

          Not civilized just stupid and ignorant.

      • BobM001

        What happened? The “EEK! A GUN!” crowd happened. Possessing a firearm now in the eyes of TO MANY now puts you into the “criminal” category. If that weren’t the case the police wouldn’t have stopped this man. It’s a good thing he was a “walking Black’s Law Dictionary”. Notice that someone spotted his hidden camera? I concur with the “concealed carry” even if a state has that “open carry” law. My CCP for NY requires it to be CONCEALED except if in the field hunting. I have no problem with this.

        • Noproblemwithguns

          We have had people go nuts in schools and movie theaters and people feel uneasy because of this. They don’t want to see the news the next day and think “if I had only called the police, they might have been able to stop this madman from murdering those people.” This is what is going through people’s heads these days. I’m not saying it is right, just that this is probably why people panic.

          • http://www.facebook.com/profile.php?id=1680429904 MaryEllen White

            The reason they go nuts in schools is because it is a gun free zone!! Criminals are cowards and they pick the places where they are safe to kill others. I NEVER go into a place that is gun free–why put yourself in danger? If the people who own the business and their employees feel safe there, it is their life on the line not mine!

      • Laura From Arizona

        The movies have explained it many times, from Dirty Harry to both Wyatt Earp movies and many before and since, including the old “High Noon” with Gary Cooper and Grace Kelly.

        The vast majority of people are cowards who will not take care of themselves and want someone else to protect them. But, once the danger is gone, they want to bask in the pride of “their” successful establishment of “law and order” in their “civilized society”. The “good guys” who actually took the risk of dying are suddenly called “dinosaurs” and the people they protected turn their fear on them.

    • Laura From Arizona

      That is not largely true in Arizona.

      BTW, I wonder if this officer knew he was on camera. As more and more citizens display their legal knowledge and videotape their encounters with police, there will be more reasonableness from the police, not less.

      • Sol_of_Texas

        I suspect there will be laws passed in some jurisdictions prohibiting videotaping (1st Amendment be damned). That’s how far I believe our civilization has fallen.

        • http://profile.yahoo.com/RZ42TW6EI572U5ASFXVB54AHGI Lance

          Already happening.

    • Pclages

      Agreed

  • Incredulous_one

    I watched this a month or two ago and my reaction was the same then: Do law abiding citizens need to be walking legal encyclopedias? I should not have to quote case law to avoid being harassed by any policy enforcement agent (police).

    • panors77

      It’s obvious the police here aren’t walking encyclopedias,heh.

      • obhfwb

        They can however tell you who has the best doughnuts in town.

    • Laura From Arizona

      It is scary to know that LEO’s (law enforcements officers) are apparently no longer required to know about the laws they are sworn to uphold/enforce. We should not have to be able to quote case law while being engaged by a police officer.

      However, although we should not need to be encyclopedias of the law, we do, in my opinion, have a duty as citizens to know about the laws. How, for instance, do we know when we are breaking them? Further, we should always know the current laws regarding our rights. They do change from time to time.

      • http://www.facebook.com/robert.andersonsr Robert Anderson Sr

        Didn’t sound like he was a threat to anyone so why was the Police called-Some OBAMA Liberal was scared?

        • Laura From Arizona

          I agree that he didn’t seem like threat. I don’t know why someone called the cops. I think it was someone who either didn’t know the law or wanted to stir up trouble, as you say, like a liberal scaredy-cat.

          • http://twitter.com/debraraes debra steinman

            I wouldn’t be surprised if the Police ‘lied’ about anyone calling them.

          • gejoslin

            LEO’s don’t have to tell the truth. They can tell you anything to try and get you to incriminate yourself.

      • http://www.facebook.com/profile.php?id=1680429904 MaryEllen White

        Just as Congressmen and women don’t have to know the Constitution to be elected!! They should have to take a test on every document pertaining to the USA before they can ever try to run for office–same for State legislators! Our Governor OBVIOUSLY does not know the Constitution of the USA–he wants to ask the Feds if it is legal for the citizens of Colorado to vote pot legal!!! He does not know State law is above Federal law!!

        • Poodleguy

          Sorry MaryEllen, but you are mistaken about that. Federal law trumps state, city & local laws as long as the fed law(s) are within the limits of the Constitution. FYI, states rights (sovereign) is what started the Civil War, not slavery as many believe, but it was a part of the overall situation.

          • John

            so we’ll see how the recent state law changes concerning marijuana in Colo & Wash state pan out

          • Poodleguy

            The Az medical marijuana law has been upheld by a fed judge because it is the state’s rights to pass such a law under provision of the 10th Amendment, but since fed law trumps state, city or local law, the justice dept can act to shut the dispensaries down & prosecute the participants under federal law. It is a conundrum for sure but it seems that it will depend on the concern that the AG, Eric Holder has &/or if he will act. I have always thought that the medical marijuana cards that are issued in my home state of Az & the operators of the dispensaries are just putting their names on a list of federal offenders! I guess that time will tell.

          • http://www.threepercenters.net/ The Diagnosis

            Lincoln (a man upheld by both Repubs and Dems) was in fact a tyrannical-minded authoritarian and violated the very Constitutiion he swore to protect. The United States were intended by the Forefathers to be a collaborative of Sovereign States (i.e. the European Union). Jefferson feared a Federal Government that did anything more than protect/defend the interests of the States/Colonies and was all for letting the States figure out any disputes on their own. It is also worthy to note that Lincoln (the real and not the man of revisionism) also wrote extensively about his belief that in freeing the Slaves he was saving America from the inevitable and wanted to use Confederate Money to send them back to Africa because he stated repeatedly that never would they be able to assimilate into American culture as equals.

          • Poodleguy

            While you are mostly correct in your views of Lincoln & Jefferson, I think that your evaluation was colored by your own political bent. Lincoln certainly violated some Constitutional edicts, but the bottom line, he did what he had to do to save the Union – - & he was certainly successful. As to sending the former slaves back to Africa, he was spot on correct. One needs only to look @ the sorry state of the ‘black community’ to realize that he may have been on the right track. Of course, what I just wrote will have the squeamish liberals hollering “racism” but that is something that I am not, I am just a realist.

          • http://www.threepercenters.net/ The Diagnosis

            I am a bit as you say ‘bent’ in my leanings toward being a Jeffersonian Constitutionalist Libertarian and I often point out this opinion of Lincoln to people as the closest thing to factual prophecy for America ever spoke and I too also have to base my position on the same truth that being a ‘Realist’ is not ‘Racist’ per se. The black community has advanced as far as the black brain will allow and now that we see programs such as affirmative action are still not enough to ‘create’ equality we see Liberals using the ‘dumbing’down’ and limiting of opportunity of Caucasians which has only accomplished making those with lesser abilities feel better and of course weakening the Nation.

          • Poodleguy

            Now we are on the same page 100%!!! Thomas Jefferson is and always has been my favorite founding father & one of his famous quotes, the tree of liberty, etc is one of my top of the heap favorites. Carry on!!

          • Bob

            Poodleguy, while your State vs. Feds statement is the common thought today a visit to the 10th Amendment highlights some real problems with the whole Big Brother thing. Course that assumes those in charge give a darn about following the rules, which is where an educated public comes into play. We are in trouble given the agenda in our schools today IMHO.

    • http://www.facebook.com/robert.andersonsr Robert Anderson Sr

      Only when WE allow EVERYBODY to carry will this stop ! Back to the OLE WEST days!!

      • Laura From Arizona

        Actually, the “ole west days” were not like the movies portray them. All that “show down in the street at high noon” stuff is Hollywood nonsense. But, I agree with your point.

    • http://www.facebook.com/people/John-Whittington/100001496682673 John Whittington

      The Police Officer was in violation of U.S. Code 51 nick named Color of Authority. He has to have a court order to take anything away from you unless you have committed a crime!

      • Laura From Arizona

        The officer did not demand the gun, he asked for it politely. That is not Color of Authority. The guy gave it over willingly and then stood his ground on his I.D. The guy was not intimidated into turning over his weapon which would have been Color of Authority. The guy, in my opinion, was being very considerate towards the officer and those around them by turning over his gun temporarily. So, those of you who keep complaining about his alleged belligerence should take note of his cooperation. At the risk of angering those of you out to condemn the officer whole hog, I do not believe he was acting like a Nazi storm trooper. In my mind he was actually trying to figure out what he was supposed to do. Officers are taught to take control of situations. They need to look authoritative. This guy didn’t pull his own gun or beat the pedestrian with his baton. He was over his head and called for his supervisor for advice. I don’t even think he called him to get help taking down the pedestrian.

        • Contrarianthefirst

          The “guy” didn’t give consent, thus the officer took it without permission.

        • http://twitter.com/debraraes debra steinman

          Please show in the video where the victim ‘willingly’ gave up his weapon? Please show in the video where the victim ‘willingly’ consented for the officer to ‘take’ his weapon?

        • http://www.threepercenters.net/ The Diagnosis

          I find it intriguing when you were called on the fault of your opinion you are yet to reply. Speaks volumes about ones character.

    • VOREASON

      So very true! I carry concealed all the time but in Wisconsin open carry has always been the law. In rural areas no one is stopped but in larger cities they are often stopped. The officer is in a tough place it is legal but the man should have understood the reason for concern. Being in the “right” doesn’t mean one should pretend that the officer isn’t looking out for public saftey. I don’t carry open in city areas because most people don’t feel safe because they are not gun owners and it seems wrong to them. I conceal the gun for tactical reasons and because open carry causes others to fret and I find that just bad manners. I don’t think in the video that either party needs to be demonized both should have worked it out-common sense wise not law wise.

      • http://twitter.com/debraraes debra steinman

        How does it come across that the victim who had his weapon illegally seized by the police, was” ‘pretending’ that the ‘officer’ isn’t looking out for public safety?”

    • http://twitter.com/debraraes debra steinman

      Sadly yes. There are police who think that THEY are above the law. Unless, WE know the law … we could well find us in the same predicament as this man.

  • ginger

    …no threats were made …except by the lying cops…the law is the law..not open to interpretation by the local cop who has an attitude problem.Just can’t stand it for a citizen for stand up and not be intimidated.

  • http://www.facebook.com/gary.rose.129 Gary Rose

    PLEASE NOTE OBAMA JUST LET 1 And a Half at least ILLEGALS AMENESTY ALL NO RECORDS NO FOR REAL Identification CANT ASKTHEM AGAINST THE LAW .AND MOST POLICE DEPARTMENTS WONT MESS WITH THEM THEY TURN THEIR HEADS AND DONT DO THEIR JOBS OH YES.NOW WHY DOES PRODUCTIVE TAXPAYING VOTEING GETTING HARRASSED WHY?? AL CITIES NEED SUED ALONG WITH FEDERAL GOVERMENT FOR DISRIMAGATION NOW FAST>>>>>>

    • Doug Rodrigues

      Even way back in 1978, if I detained an illegal alien from Mexico, and have the dispatcher call Immigration to see what they wanted me to do, that answer was always, “They said to let him go.”

      • Laura From Arizona

        So, are/were you with DPS or a sheriff’s dept?

  • 2War Abn Vet

    This guy should write a primer to inform those of us more ignorant folks of all the court decisions he cited.

  • Doug Rodrigues

    Walking around with a gun is out of the ordinary. It scares the non-knowledgable public, and they call the cops. Locally, we had a Harley rally. One of the visitors to the rally was wearing a auto-piston on his belt. He was walking with his girlfriend. The cops saw the guy, who didn’t look like he as an outlaw biker type, and never said a word to the guy. The only thought that went thought my mind was that the guy looked so out-of-shape that he needed that gun for protection. Anyway, for that guy in the video, the police would be required at least check if the guy was a mental subject or a felon not allowed to have a gun because of the concerned phone calls. Once checked, the police
    in that area would never bother him again. The subject was intentionally being a pain in the ass to the cops to prove a point. The point was that he could be a pain in the ass. However, what if the police didn’t at least check him, and he was a mental case….a mental case who went on to shoot up the neighborhood? The police would be sued, and lose. The police talked to him, and determined that he wasn’t a nut case and he was allowed to go on his way. So now they know that he’s not a mental case, but they also know that he’s a pain in the ass. I would suggest to him that he get himself a CCW permit so as not to scare the public. At this point I’m sure the Chief of Police would be more than happy to give him a CCW to stop anymore phone calls coming in about a guy carrying a gun. It shouldn’t have to be this way, but it is what it is. The general public needs an educationl
    Ret. Dep. Sheriff

    • Me again……

      Opps…typo. I meant to say “pistol.”

    • http://pulse.yahoo.com/_LORYVS2PAEZVGBWJ7VQFDZC3PY len

      “Walking around with a gun is out of the ordinary”
      “It scares the non-knowledgable public”
      “The general public needs an educationl”
      Etc.
      ===================
      “We Need To Brainwash People Against Guns”
      –Eric Holder 1995

      • Bar0Ranch

        OK we obviously need more people to carry — I carry ALMOST everywhere I go. Just doin’ my part.

    • CyclingFoodmanPA

      Wish more people were like you. Luckily I live in PA and have a CCW permit and even though I can open carry, I don’t. I prefer to NOT let the criminal know my capability!

    • Laura From Arizona

      Doug, you’re wrong. NOBODY should be “profiled” by the police for ANY REASON because of the ignorance, fear or bigotry of others. You list your last name as Rodrigues. How about the cops pull you over every time you are in a particular neighborhood just because your skin color, or race, or name bothers someone?

      • Doug Rodrigues

        Cops basically do what they are told to do by the management. They also are required to check anything out of the ordinary because that’s the common sense thing to do. Why? Because the general public will complain about the police every chance they get if they don’t. No matter what the cops do, it’s always wrong. There are many “experts” who want to tell the police how to do their jobs. For those people I say to join any police agency, or go on rides with the cops to see their side of any issue. Sure, there are a few bad cops, but as a rule, the vast majority of cops do their jobs for the benefit of the public. But imagine this, considering that approximately 3/4 of the out of the ordinary people I would detain had criminal records, should I have not followed my instincts and questioned those people because they weren’t doing anything illegal at that particular moment? After many years dealing with criminals, just the way they looked at me as I drove by was a cue to check further. Example: There was 6 or 7 guys hitchhiking next to the freeway one afternoon. One of the guys had that “Look.” I went back around and stopped, walked up to that particular guy who turned out to have a warrant for his arrest for sexual assault and a weapons’s charge.. Hitchhiking is illegal in my State, so that was my probable cause for even talking to the guy. I did nothing with the rest of the group. Is it legal to wear a gun? Sure it is, but it’s still out of the ordinary, and the public expects the police to follow up on that situation. If you don’t somebody will complain. Ask me how I know? And no, I’ve never been jacked up because I don’t look like a crook, but I can usually spot one.

        • Laura From Arizona

          So you or a family member is/was a cop? Okay. Well, my brother retired as a sergeant from a large urban force after 29 years. My father-in-law was a police sergeant. My husband was a Sheriff’s deputy. You aren’t educating me about the police instinct that comes with experience on the streets. Big deal.

          However, your argument makes no sense. Here’s why.

          If no matter what you do is going to be considered “wrong” anyway, then you should be doing what is legally right. There is NO reason to break the law just because you will get in trouble whether you follow the law or not.

          Everyone knows how police look for anything that will give [them] “the probable cause” to detain someone, do a search of a vehicle, etc. when they get that instinctive feeling that someone is hinky. But, good cops, ethical cops, don’t push that envelope by initiating without the probable cause. You, sir, have just admitted to believing that cops are above the law.

  • Combat Veteran Seabee

    Lawsuit time!!!!! And not a “Frivilous,” one either!”

  • dave

    to Wolfman…a good friend of mine – an AZ highway patrolman – was shot & killed by illegals during a routine traffic violation stop. yes, protect yourself.

  • JC

    KNOW you RIGHTS! :)
    Good Job Citizen!

  • giant33

    Where was this gun? in a holster on his waist, in his hand. What was his deal? to get a rise out of the cops. What was the cop spoce to do pay no mind to the call. Earlier this year the police got a call I think in MD. that someone had a gun in a dept. store. A cleck seen his holsted licensed gun on his waist under his coat and told the man no guns are premitted in the store and went ahead and called the police. The guy didn’t make a fuss and was leaving the store. By this time swat was their as he was leaving the store a trigger happy cop shot him with his wife next to him. He did no wrong but hes’ dead.

    • Laura From Arizona

      Do you have a link to the story about the man being killed as he left a dept. store? There are too many holes in the story as you have related it.

      • Beedogs

        He done did heard it 5th hand, so it has to be true.

    • ANTICRIME

      I RECALL that sad incident; it was at a Walmart Store. ~ Confusion and misunderstandings can have deadly consequences!

      • Laura From Arizona

        My confusion is about how the cops knew which customer to execute.

  • jjw/retired LASD

    This is the type of unnecessary confrontation, initiated by the citizen, that can result in legislation making it illegal to open carry a loaded firearm. Folks in Calif pushed the issue of unloaded open carry and very quickly legislation was passed to prohibit same. What would you expect the officer to do in response to a call for service. Not withstanding the cited cases, and for everyone’s safety, I believe it resonable for both parties to cooperate in establishing the citizens right/authority to lawfully carry. Every officer cannot be expected to personally know every lawful/legal/trustworthy person he/she may incounter.

    • http://pulse.yahoo.com/_LORYVS2PAEZVGBWJ7VQFDZC3PY len

      This is the type of unnecessary confrontation, initiated by the police.

      • Laura From Arizona

        Clearly the retired jailer believes that a peace officer is god and that any citizen daring to ask questions or open his mouth in any way except to answer the officer’s questions is being “confrontational”, otherwise known as resisting arrest or interfering with an investigation, both of which are against the law.

    • Laura From Arizona

      What would I expect???? I would expect him to KNOW THE LAW, RESPECT THE LAW, and UPHOLD THE LAW. He had no legal right to stop the man in this video. In effect, he VIOLATED THE LAW. Cops, retired like you or still on duty, are NOT ABOVE THE LAW. PERIOD.

    • MyronJPoltroonian

      Oh silly me, I thought the principle that: “Ignorance of the law is no excuse” was firmly established jurisprudence.

    • OpenCarryStupidity

      I would expect the officer to inform the person making the complaint that open carry is legal in the state of Maine and the man carrying is committing no crime. Why pass a law stating that it is legal to open carry a firearm if the police are going to harrass everyone that open carries?

      • Doug Rodrigues

        It would be the dispatcher talking to the complainant, but dispatchers aren’t supposed to be giving legal advise or educating the general public about what the laws are. Dispatchers, in general, are trained to only dispatch the nearest officer to the area of complaint. To ask the dispatchers to know the laws, the Constitution, and the Bill of Rights is…well…above the level of most dispatchers. The officer handles the call, not the dispatcher.

        • Laura From Arizona

          Uh, Doug, OpenCarryStupidity did not say that the dispatcher should inform the complainant about the law. He was clearly talking about what the officer should do when he got on scene.

  • Fist

    Nicely done!

  • Laura From Arizona

    Here is my version of what COULD/SHOULD have happened during this exchange:

    Officer: “Some people reported a man with a gun. They apparently meant you. Would it be okay if I see your I.D.?”

    Pedestrian: “Are you suspecting me of a crime?”

    Officer: “No.”

    Pedestrian: “Then, no, I won’t show you my I.D. or give up my gun.”

    Officer:
    “If you don’t mind, I would like to just talk with you for a moment so
    the people around here feel safe. I’m officer [name of officer]. You
    seem like a good guy and so far as I know you are not a felon and have
    the right to carry the gun. You are not accused of committing a crime. I am only trying to keep the people here
    feeling safe. I would like to ask you to cooperate in helping me do that. Can you work with me?”

    Pedestrian: “If you do not violate my rights, yes.”

    Officer: “Great. I would like you to volunteer to show me your I.D. though you do not have to. Will you do that?”

    Pedestrian:
    “I understand your need to keep everyone else feeling safe. But, I do
    not want to give up my rights to help you make that happen. That’s too
    much to ask. It is not my job to make everyone else feel safe. It is
    my job and my right to make myself feel safe. So, no I will not show you
    my I.D. since you do not suspect me of a crime. However, so you and
    everyone else feels safe while we talk, I will give you my gun to hold.”

    Officer: “Thank you, I appreciate that.” Receives gun. “So how’s your day been going?”

    Pedestrian: “Pretty good till now. Will you tell me who my accusers are? Who called the police?”

    Officer: “I can’t do that. But I hope you understand that some people are afraid of guns and of the people who carry them, even though it is legal.”

    Pedestrian: “Yes, I do understand that. But, you understand that legally that is not my problem, right?”

    Officer: “Yes, I do understand that. This is a nice gun, by the way. I’ve thought of getting one of these myself.”

    Pedestrian: “Yes, I like it.”

    Officer (with a smile): “Well, thank you for your cooperation.” Hands back gun. “Have a good rest of the day.”

    Pedestrian: “You too.” Holsters his gun.

    An officer who feels secure in his position of authority would have probably acted more like this. The officer in the video was aware of the limitations of the law and did not know how to handle the situation. This officer and his insecurity and lack of knowledge of the laws scares me a lot more than any legally carried firearm. I am just grateful he was clearly not an overly aggressive sort.

  • http://www.facebook.com/gregbeaty Greg T Beaty

    Good job dude, my hat is off to you.

  • craig boos

    This is stupid the police were polite and just doing their job……lets not ruin our privilege ….just show your stuff and go down the road…don’t be a dumb ass

    • Hawker 1

      Its not a privilege its our right under the org. Constitution. Dumass

    • Laura From Arizona

      Your idea of polite is not mine. I did not see this officer being polite. He looked like a Keystone Kop to me, but polite, no. A polite person identifies himself. A polite person says, “Hello, SIR, I am officer so-and-so. We’ve had a call…”

      Your idea of “polite” seems to be based on the fact that he didn’t pull his gun or baton and beat the guy into submission.

    • Beedogs

      The police acted stupidly in this case. Perhaps Bumbling Barry Oblamo will invite the stupid cop to a beer summit.

  • oldmsrebel

    You posting policy is a sham ! You allow all types of porn on the site and talk about private parts ! AND you have a Posting Policy ? What a joke !! Spell hypocrite !!!!

  • http://www.facebook.com/john.brashear.31 John Brashear

    it is clear as rain water this is harassment, and intimidation period, this officer should be fired and the city should be on notice that this crap isn’t going to be tolerated, when Push comes to Shove, Americans will NOT Back off…….

    • Laura From Arizona

      I think he should be trained on how to deal with this kind of situation, not fired. The department has to take it seriously, yes. But, the officer was more like a babbling idiot than a muscle bound bully.

  • USMC

    The guy might have been legal but he wasn’t too bright with open carry. All he was doing was asking for trouble from the cops or some bad guy. Best thing to do is concealed carry, the cops won’t know you are armed and neither will the bad guys.

    • Beedogs

      So it is ok for cops to illegally intimidate him into complying with a “want” and not a law????

    • Laura From Arizona

      The bad guys would have left him alone. They would not know how well he could handle that gun so why would they risk attacking him either for money or for the gun?

  • DaHeat

    I am a LEO, and have been for over forty years, at the federal, state and local levels. This Portland, ME officer is an idiot! He openly violated this citizen’s civil and constitutional rights, and he should be prosecuted in federal court, and his peace officer license should be revoked! It is largely because of loose canons like this Portland officer that citizens no longer have respect for law enforcement!…Also note that ‘concealed’ does not mean completely hidden…

    • Laura From Arizona

      Thanks for your service to the public, DaHeat. Thank you also for weighing in here. Personally, I only thought of the officer as an incompetent, SCARED idiot and not as a loose canon. I got the impression he just wanted to save face, so to speak, in front of the woman who also spoke up and asked the pedestrian a question. I could not tell if the woman was another cop or perhaps the citizen who had called the cops.

    • ANTICRIME

      CONCEALED means EXACTLY: “to keep from sight; hidden” ….partially exposed or hidden is NOT concealed, my friend! ~ Buy yourself a good dictionary!

      • http://www.facebook.com/frank.j.austin Frank J. Austin

        I do not know the law in your state, but in MT a concealed weapon is defined as: any firearm,(or knife ) which is wholly or PARTIALLY covered by an article of clothing. Therefore, it does not have to meet your dictionary definition. The law often does not check the dictionary for a definition, rather the definition is clearly spelled out in the law itself. SO, anticrime, rather than checking the “dictionary”, you should consult the laws of the state in question. BTW, a firearm may be carried in your purse, briefcase, etc. in MT WITHOUT a concealed carry permit. Why ? Because a purse ,briefcase, etc is considered LUGGAGE, not an article of clothing.

      • Laura From Arizona

        A dictionary is not a law book. In Arizona, and probably elsewhere, a “concealed” gun is definitely NOT defined the way you claim. It is okay for a certain amount of a gun (2 inches I believe) to extend beyond the cover of clothing and be visible. Your state’s laws may be different, but that’s why you will need to be sure to check the laws of any state you decide to enter with your guns, “concealed” or not.

        • Poodleguy

          No Laura, there is no dimension of exposure related to ‘concealed’. If ANY part of the firearm. including the holster is visible it is not considered concealed. I was stopped many yrs ago in Phx by a city cop & I had my 1936 Luger on the passenger seat & it was in a gun rug. The rookie cop was going to cite me for a concealed firearm violation, then the other veteran officer told the rookie “No, you know what is in there so it is not concealed.” Of course, with our new carry conceal law, any law abiding citizen can carry concealed anywhere with the exception of bars, restaurants that serve alcohol that have a posted notice barring firearms, federal, state & city gov’t buildings. Funny thing, it is legal to carry open or concealed into a bank in Az!!

      • Poodleguy

        Depends on the state as it’s definition varies from state to state – kinda like liquor laws & both create a lot of confusion. There is a series of pamphlet style books addressing the various state laws concerning their firearms laws, written by an Arizonan, Allan Korwin, whom I have met. These books are the best source of information pertaining to the subject @ hand.

    • http://www.threepercenters.net/ The Diagnosis

      Sorry my friend but you are an unfortunate exception in this day and age. I notice you said forty plus years and therein lies the diffrence with you being from a a generation when honor actually mattered.
      Note: Concealed in cases of a ‘in the waist’ holster,ankle holster or shoulder-bag hidden compatment, etc. is perfecty legal but you must notify LE immediatey on contact for the safety of all. Thank you for being an “Oath” Keeper.

  • http://profile.yahoo.com/EQ4NKPCK73TK3SI7XJ7D7OAXBA duane a.

    A 10 million dollar lawsuite should straighten this out.

  • OldSoldier

    LOL! This guy had his ducks all in a neat row and cleaned the streets with that cops ass

  • Don

    Well prepared!!!!

    • lionel ducote

      Well prepared! yea a “Glock?” 9mm is well prepared!

  • ltfbhh

    Too bad he wasn’t an illegal alien. If he was, the ACLU and every leftist organization in existence would be filing a lawsuit against the police for stopping him and accuse them of racial profiling. In today’s America, the guilty are left alone, but the innocent are treated as criminals.

    • Laura From Arizona

      To very true and sad as as get out.

  • Diane L Kearny

    The police had NO probable cause to even stop this man.

    • http://pulse.yahoo.com/_MJ2KA7K46X3IXO3JX7JFOS7PNY tazz_89103

      they should not need cause they can stop you and search you and do what they need to do any time they like, In the name of the Liberals

      • CQ

        Wrong, they DO need cause, to legally stop you. They do that frequently, but not legally. The 4th Amendment is violated far too often these days.

        • Poodleguy

          If LE wants to stop you, believe me they can find a reason to claim probable cause – its in their DNA!!

      • http://www.facebook.com/joy.k.pressley Joy Knight Pressley

        Yep a Hitler type police state HUH? That is the way this ignorant liberal goverment is taking us.

    • Pclages

      Apparently. However, I am sympathetic to the cop, who was dispatched in response to phone calls. I had three local cops question me when I was target shooting on private land, in a rural area, where it was lawful to do so. They were nice about it, and I cooperated as much as I could. I also stopped shooting, as requested…. I’d been shooting for @ 3 hrs, and was ready for a break…I have been back shooting at the same location many times since, with no problems.

      • Laura From Arizona

        What reason did they give you to ask you to stop shooting? Was it the length of time you had been shooting? Did someone have a headache and the noise was bothering them? Did the complainant not know that it was legal for you to be shooting where you were?

        I would not have necessarily complied with their request to stop shooting unless I agreed with their reason. Or if I knew them personally and wanted to be cooperative to help them out. Their “being nice about it” is not good enough for me; they must be able to state and explain the legal reason they have for making any request of me.

      • Diane L Kearny

        So then, if a NICE tyrant like Hitler were to question you about your gun you would cooperate. I know it is sort of a sarcastic question but the fact is whether the policeman is nice or naughty he has no right in even questioning you if you are acting within the law. PERIOD!

  • lionel ducote

    yea, go find something or someone else to harass! or maybe learn what your job is as the cop is either Stupid, or throwing his badge around. Love to see and hear this kind of command of a persons rights, told in a civil way. “Pound Sand Dumbo”

  • teddie77

    Fear of offending is greater than the fear of pain. I was glad to see this man not tell & do everything this cop wanted of him, even his name, just to get along. protect yourself

  • http://pulse.yahoo.com/_AKUSRCL2VGP45QXQ2IBU62KPAY 426ernie

    looks like the supervisor had no suspicion what-so-ever-he saw an obvious non-threat to anyone

  • Lloyd B

    This has nothing to do with public safety, it has to do with who is in charge, and when they believe that they will have the opportunity to be able to stick out their chests and push their authority….or at least see if they can find someone to bully and get away with it…it will be getting worse.

  • http://www.facebook.com/jon.mckeone Jon McKeone

    sue him and his entire department into poverty

  • GWY

    Unfortunately, some cops sieze every oportunity to bully someone and have little regard for the law. In court, one might expect to meet the same sort sitting on the bench. Sad state of affairs.

  • harleydavidson

    this cop is a total idiot!!!!!!! he needs to be re-trained by the police department.

  • Beedogs

    I detest lawyers with an attitude more than I detest a cop ignorant of the law. And yes I own firearms, am retired military, and have a CCW permit.

  • Pete

    Isn’t Maine one of those wuss blue states where the inhabitants are scared of guns? Just asking.

  • Pat

    Typical young geek who thinks he has the answer for everything. Hope he doesn’t make the wrong mistake for carrying that weapon in the open like he did. He may end up dead.

  • a_browning

    Rights that are not exercised atrophy. This is a good example that too many people have not been exercising their right to carry, so that when someone does they are harrassed by LEO. Good for him in flexing his rights and documenting it for others to see.

  • pduffy

    If a cop can carry a weapon out in the open ,so can a private citizen. The police are not a higher class of citizen. That citizen should have placed that rogue cop under arrest for violating his 2nd amendment rights.

    • farrightextreme

      You are wrong, in SOME places it’s legal to carry open in some it is not.

      • pduffy

        Wrong about what? That cops are not higher-level citizens? Or that the cop violated that man’s 2nd amendment right? I am sure Adolph Hitler would agree with you that only his men should be allowed to have guns, but the citizens striped of theirs.

    • Doug Rodrigues

      I suggest that you try doing just that, and see what happens?. You will be deemed to be a nut case.

      • pduffy

        It is you who are the nutcase because you falsely think that cops are on a higher plane of citizen that can open carry a gun, but the average citizen cannot. When this country was founded, a gun on the hip was commonplace and safer. If a cop can protect himself with a gun out in the open, so can I.

  • OpenCarryStupidity

    Instead of detaining the person that is LEGALLY carrying a firearm, why don’t the police inform the complaintants that open carry of a firearm is legal in that state and the man is comminting no crime?

  • Dean

    Ignorance of the law is no excuse for the police either!

  • Carlos

    The same thing would happen in Portland, Or.

    • MyronJPoltroonian

      Off the track a bit, but I thought Oregon was a “Must Issue” state.

      • farrightextreme

        Issue for concealed carry has nothing to do with open carry. In Delaware you can do either but the law doesn’t like open carry and will mess with you sometimes. In Texas it’s a shall carry state but they have NO open carry.

  • MyronJPoltroonian

    Here in Calipornia, when you’re out anywhere in public, including parking lots on private property that are open to the public, you have to carry your identification with you at all times and display it to an officer of the law upon demand. Yes, even when you’re swimming at a public pool or on any body of water that may have riparian rights, you have to have it close at hand, within your control.

  • ANTICRIME

    OPEN CARRY for citizens is really foolish as it just brings attention to you, not only by police but by criminals who could ambush you FOR your gun! ~ Keep in mind that a CRIMINAL always has THE ADVANTAGE in that THEY have planned out their attack, where you will only have seconds, if any, to figure out what to do! ~ If you have no criminal record or are not wanted by the law then WHY be a “Smart Ass” with police officers who are only trying to do their job in protecting the public???!

    PUT YOURSELF in a police officer’s position when confronting an unknown person with a firearm!
    Should you turn your back and walk away and that person is actually a felon in possession who ends-up killing someone THEN all HELL comes down on the police for NOT DOING THEIR JOB!!!

    Bottom Line: GLAD I’M RETIRED and no longer have to put up with an ungrateful public that sadly sees ALL OF US as their ENEMIES! ~ SAD, very sad!!!

    • ANTICRIME

      LAURA, So after your long-winded fictitious scenario, what IF the pedestrian WAS A FELON and just told the officer to kiss his ass and walked away….WHAT WOULD YOU DO if you were the police officer involved with this unknown individual?!

      • farrightextreme

        As a police officer you go by the law. You have no right to mess with someone that hasn’t broken any law. Maybe you sould watch the video again. The jerk in the video was running a test and the police officer failed it.

    • MyronJPoltroonian

      Sir, thank you for putting your life on the line all those years for what must seem to you as an ungrateful public; however, there is what appears to be a dual societal track we are seeing develop here. On the one hand we’ve more or less (hopefully more) moved our law enforcement community away from the “Rubber Hose” mentality of the past, but, unfortunately, we’ve moved society away from the self reliance and restrained vigilance, or tactical awareness, that exemplified Robert Heinlein’s astute observation that, “An armed society, is a polite society”. To the point that while John Q. Public expects his or her armed protectors to keep everything and every perceived threat at bay, the supreme court has had to rule that the police (and, by extension, all law enforcement) are not legally required to protect any one person in particular, just the general public at large – and that has loop holes you could drive a Peterbuilt through (I’m thinking of the Rodney King riots in the Los Angles area where a lot of not only the uniformed personnel stayed home in order to protect their kith and kin) and not one of them, to my recollection, was ever really held to account.) The upshot of this response is, it cuts both ways: We, as citizens, have to have and show respect for our LEO’s, and, by extension, the LEO’s have to do the same in return.

      Addendum: While Simi Valley may seem far removed and a world away from South Central, in todays world it’s not.

  • http://www.facebook.com/JaneScroggins Jane Scroggins

    He proved he knew the law. Sad that this country has come to this

  • farrightextreme

    THe AG of Delaware said they would stop people carrying open if the caused the public distress. I would think that should be the public problem not someone carrying legally.

  • Jeremy G

    Did this guy not have a permit he cld’ve shown to deescalate the situation? By his demeanor toward the cop, this “victim” looks like he’s tryin to bait someone anyway. I’ve seen many cases of this. If I were the cop, I would want to run some checks on him too, to make sure he’s mentally balanced. If I see an armed person behaving suspiciously, I’ll call the cops too.

  • Norma Loquendi

    Anal retentive guy. All he had to do is give the officer his name so that it could have been checked against the criminal record. It would have taken a couple of minutes and he could have been on his way. The cops have a tough enough time without having to deal with blowhards like this after having received a report of someone carrying a gun. A police officer who walks the streets or drives a patrol car is the only person – not even a soldier excepted – who can reasonably expect to be shot at any day of his career.

    • Laura From Arizona

      Sorry, Norma, but it’s not that simple. They would not have merely checked his name, etc. against the criminal records and then let him go when it wasn’t there. His name and other information along with the fact that they had detained him and why would have been ADDED to that criminal record system. That could easily have future damaging consequences to an innocent person who had committed no crime and should never have been detained in the first place because he was not even under suspicion of breaking any laws.

  • http://www.facebook.com/people/John-M-Rolwing/1718182613 John M Rolwing

    MO has “open carry” on the books since 1937…however it has been preempted by all the counties, and municipalities in the State to nullify or modify such carry…yet STARBUCKS encourages people to open carry in their stores…now MO has CCW and SYG (stand your ground) …this guy was trying to make a point, and in my opinion he should have complied with the officer and CONTINUED to quote case law…in the end both parties would have been within their rights, and no one would remember 5 minutes later. Sometimes you have to be a jerk to make sure the other jerks are sure of their positions. To refuse in order to make this point could have led to “resisting” [name your ordinance] but cooler heads prevailed. I would have proven my point by compliance, and then demanding repossession and continuance of “peaceful travel”.

  • http://pulse.yahoo.com/_C5ZHCQLKIVQPLQVJZHPGZXW4OI Robert Osborn

    If this is the case, then it is the Duty of the Police Officers Supervisor to arrest and Detain the Police Officer, and arrest him for being in violation of the laws he just mentioned. This would have been the actions of a good Supervisor to know the laws of his State, and to know when his Junior Officers are in violation of the laws themselves.

    • Laura From Arizona

      Interesting idea.

  • Jeremy G.

    Did this guy not have a permit he could’ve shown to de-escalate the situation? By his demeanor toward the cop, this “victim” looks like he’s trying to bait someone anyway. I’ve seen many cases of this. If I were the cop, I would want to run some checks on him too, to make sure everything’s legit (i.e., is he mentally balanced, does he have outstanding warrants or criminal history for violent behavior…anything that would bar him from legally possessing a firearm). If I see an armed person behaving suspiciously, I’ll call the cops too.

    • Laura From Arizona

      In the states that have laws upholding a person’s right to carry openly (not concealed), there is no need for a permit. Depending on the state, they may have a law requiring a permit to carry concealed or they may not. For instance, in Arizona, a person’s right to carry concealed without a permit is upheld. So, to carry his gun openly, this gentleman probably did not need or have a permit.

      As for “baiting” the cop, when did it become illegal to continue to behave as a human being when a police officer wants to talk with you? Close your eyes and try to imagine that this gentleman was talking to his girlfriend or a guy at a baseball game. Would you think he was “baiting” them too? Or would you think he was just adamant while expressing his strong opinions? He wasn’t cursing. He wasn’t threatening. He didn’t raise his voice and talk over anyone. So, why the assumption that he should have been behaving any differently around a police officer? The police are not our keepers. They are our protectors and servants. They are authorized to take action IF there is a reason to; i.e. probable cause to believe that a crime is BEING committed, NOT may be committed.

      If you see an armed person behaving suspiciously, then by all means call the police. But, you have to be ready to accept that your opinion of “suspiciously” may be wrong and not get bent out of shape if the person is not hauled off in shackles to calm your fears.

  • Tag68

    Hey, good for him – obviousl an attorney and well versed on his ‘case law’ – he knew more than the cop and unfortunately, some cops like to practice law when they actually know nothing about the law except in what they do, but NOT in the court room!

  • Startup999

    I am as pro-gun as you can get but as a cop for 24 years, It is my opinon the officer did what he had to do. If he got a call he has to respond, He has every right to disarm the guy and determine if there is a crime or the guy is a danger to himself or others. No matter what Terry Vs Ohio says. What the officer lacked was the experience to articulate the reason for his suspicion. Which any veteran could have come up with in two seconds.
    The guy was spoiling for a confrontation. Should the police not stop an armed person until they shoot someone?
    I would like to know what that supervisor was doing that was more impoartant than responding to a call like that when it went out.

    • Laura From Arizona

      You must not live in a carry (concealed or open) state. You also sound like either a very frustrated officer or a very controlling one.
      Yes, the police should not stop an armed person in a carry state until there is a reason to do so. That reason may wind up being the times when someone shoots themselves or others. But, the police must not assume that everyone with a gun is a “bad guy”. And they must not confront a person with a gun just because someone does not agree with the law of the state that upholds that person’s right to carry that gun!
      As for the guy “spoiling for a confrontation”, you can not know this is so, and the fact that you declare it as a foregone conclusion is scary considering you are an officer. Do you make an ass out of u and me when you deal with the public as well?

  • har82

    Remember, the police ,, are not ,, your friends . They are there for one reason only. TO DO WHAT THEY ARE TOLD, BY THOSE THAT PAY THEM. And it sure as hell isn’t you and me anymore.

  • http://www.facebook.com/archangel.gabriel.7 He Brew Hammer

    To be completely honest, i think the guy was being a total ass about the situation. For the 30 seconds it takes to say, hey my name is XYZ, i carry legally.. have a great day officer… see you later… I bet this guy would be the first to complain if the same officer didnt pull up a guy with a gun who was being suspecous.

  • Stealth

    Look.. We have to use ‘common sense’ here. I have had my carry permit for 25 years and have been a Firearms Instructor for 22 years. While it is a fact that I live in the MOST LIBERAL, stinking state of Connecticut, and while the permit is to ‘carry’ ( not concealed ), it is a ‘common sense thing to simply CONCEAL a firearm! Heck, I myself would get REALLY nervous if someone walking towards me showed a firearm openly-especially in THIS day & age with SO MANY FRUIT-CAKES ( I’d say a LARGE portion of the population personally ) walking around, driving around etc. If we keep making STUPIDITY like this an issue, we’re simply playing along with those who WOULD try to outright BAN gun ownership etc! So, I do NOT agree with this guy. Personally, I thought the Cop here acted TOTALLY professional. Here in Connecticut, MOST cops will drag you out of your car etc and slam you to the ground ( even if you tell them you are ‘legally carrying’ ) as they ( unfortunately are NOT trained on the way to treat a LEGALLY carrying person. But heck….ANYONE can say, “Officer…I am carrying a firearm and have a permit”.. then SHOOT the Officer. Look, I personally think there are a LOT of cops with ‘bad attitudes’ but in THIS case, this cop- my hat’s off to him for acting so professional… Come on people… we MUST use common sense…

  • Swamppanther

    Although I am a “Gun Nut”, I think the police did the right thing. The open carrying of guns in public
    only leads to more “Gun Laws” as most of the “whacks” out there look just like “normal people”.
    Fear causes the general population to allow their freedoms to be taken away for safety.

  • toomuchsense

    Police state. Everyone that knows me, knows that I’m not a radical. Nor that I dislike the police. In fact, they would think of me as a “law and order person.” But that is changing daily. The police are getting more and more out of hand. When they lose the support of the public, they lose what respect the public has for them. This incident, is just one little, bitty incident out of many, of which most are quite substandial of police being out of control. The police officer here needs retraining and an apology should be offered in writing to this victim, and also published in the largest local paper with the victims name left out.

  • R.Young

    SUBJECTS do not need to be a walking encyclopedia of laws, CITIZENS must and should knows the laws governing any and all of their actions both public and private before they engage in any and all activities!

  • WFP

    He did well and frankly the police did just as well. They were asked by several people to check this guy out and they did so as far as they could. Had the guy not known the law, all that would have happened is they would have checked to see if he was carrying illegally. If not, he’d have been free to go. The police had the difficult job of checking this guy out without the perfect authority to do so if he didn’t cooperate. The worst thing this officer did was to removed the gun without first establishing a cooperative confrontation.
    I’m all for the 2nd amendment but these guys have a difficult job. If you don’t know the law like this guy does, just cooperate. If these officers hadn’t been so prudent, this guy would have been eating pavement, right or wrong. It also appears that this guy was trolling for trouble since he already had his camera on waiting for police to confront him. I suspect he was walking up and down the street which added to his suspicious nature, (i.e. a hit man, waiting for someone). The police have a duty to protect you, don’t make that more difficult. It would have been perfectly legal for them to just tag along with the guy all day too, but that expends manpower that they need elsewhere.
    Frankly they probably walked away saying, OK, this guy was just looking to cause trouble for us, he’s no danger to the folks.

  • http://www.facebook.com/profile.php?id=1680429904 MaryEllen White

    How about a printed article instead of a video for deaf people???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????////

  • http://www.facebook.com/people/Roscoe-Bonnifitucci/100000459519027 Roscoe Bonnifitucci

    Being Informed about our Rights stops the Heavy Hand of the Tyrant. Kudos to the Patriot who helped to keep the record straight.

  • obhfwb

    Well, that cop would fit right in the obama administration as the only requirement is to be a socialist idiot and crooked.

  • John

    Our LEO CCW instructor emphasized that although it’s legal to open carry, it is a really bad idea for exactly this reason…Other than causing a confrontation, there’s no good reason to do it. I’ll keep mine concealed. Let’s not give the gun-grabbers any more ammunition…

  • HOFFHACK

    While the guy is right, a cop is the boss!!! That is just the way it is!! I personally would have carried it concealed in that area and not given them the ability to harrass me!! That’s akin to the old: “Pay the 2 dollars!!” Cops think that they are the only ones who should be allowed to carry openly (in the North east anyway) And Portland is a liberal town!! Yeah, he may have been right, but the Cop had the last laugh, and short of forking out 100 grand to take the City to Court, I would have paid the 2 dollars and carried it concealed!

  • ONTIME

    I suspect this has happened more than once to this individual and I am surprised the officer finally decided the guy made his case….kudos to the officer and also to the guy that stood his ground.

  • Antilevy

    Yes this man is a threat…. He is threatening the ignorant of the laws that so many police and law officials (Supreme Court members, does john roberts (sic) come to mine??) don’t seem to think they need to know in order to fulfill their duties….

  • kaj

    Sue the police department.

  • Katman

    POLICE are disingenuous, Public Nuisances & in most cases DON’T have a valid, lawful Oath of Office. The Oath MUST be current otherwise the LEO is an “Unauthorized Officers” & All acts are VOID!
    The LEOs are purposefully made ignorant of the law so the STATE BAR UNION MEMBERS can profit contrary to the rule, the letter, the spirit & intent of the law. You will know your enemy by their action, lack of action or by name!!! Kat Up to Peace Out!

  • Dirty Daug

    I don’t feel safe when I’m stopped by a cop, maybe once upon a time I did. Who knows what kind of a cop it is when they start asking questions. From now on I prefer to take care of myself with out the help of the law. Too many stories out there about bad cops.

  • Gbuck

    This guy has to be working for Obama. I am a member of the NRA ans I support the second amendment but this guy is a total jerk.

    I take the police’s side on this.

    They have a job to do and this guy and his so called wisdom of the law is so out of line.

    First of all he don’t need to be walking around in public with a gun showing,. It’ stupid.
    He is working against the second amendment by trying to be arrogant. He is a democrat all the way.
    Beware of his kind.
    Normal thinking people would never do this…Get help my friend.

  • KittyKittyKit

    The STATE should be REQUIRED to have a PRINTED flyer or publication of CASE LAW, such as this CITIZEN presented, given to EACH and every perosn who registers their gun(s), AND the the LEOs (law enforcement officers) could then become good responsible CITIZENS themselves when performing their jobs, instead of being COPS (criminals over private sector), and we would ALL get along better.
    The HONEST, LAW ABIDING, CITIZEN is sick and tired of being treated like COMMON CRIMINALS just because LAZY, and often LAME BRAINED cops just want to push their weight around.

  • PreacherCruz

    Good job of citizen journalism! This guy knows his rights AND the law and wasn’t about to let Police harass and hassle him! Good on ya’ man! http://www.kjv-truth-ministries.org

  • Unityrobb

    When a passing score at the shooting range and on the gun safety permit test are just as much a rite of passage as getting one’s driver’s license, we will have a much freer, safer society. Would a bank robber really slide a hold-up note to a teller if he knew everyone behind the counter had a loaded weapon within reach? Would anyone shoot at people if he knew anyone could drop him before he got off a second shot? “When more sane people have guns, the crazy people will get off fewer shots”

    Open carry needs to become the norm, not the exception. No one is afraid of seeing people get into cars, yet more people die every day at the hands of drivers than shooters. How many people can a reckless driver kill at once, versus a shooter who can only kill one at a time, even with a semi-automatic weapon?

  • wizard

    The police officer deserve a reprimand and retraining.!

  • AmazedJim

    All I can say is “Wow!” Just think if this guy didn’t know all these court cases by heart. I have a strong suspicion he would have been handcuffed and taken to the Police Station for further interrogation.

  • http://www.threepercenters.net/ The Diagnosis

    Law Enforcement in America is a Travesty. To give 10s of thousands of men and women access to limitless lethal firepower and a badge granting these people the authority to violate anyone else’s right to life, liberty and the pursuit of happiness because they deem fit and in an overwhelming percentage these individuals are both completely ignorant of the very laws they are hired and sworn to uphold and have more often than not deep-seated psychological issues is a bone-chilling fact that all Americans need to accept. We do not live in the day and age of Andy Griffith and his compassion or Eliot Ness and his honor. Today we see a war being declared on Americans of all classes by Police. Law Enforcement must begin being held to the standards of everyone else and in cases such as the recent shooting in Cleveland where Officers shot 2 unarmed suspects 134 times Officers need to be held accountable, investigated, tried, convicted and sentenced to Prison but take away the reward of Protective Custody and let Criminal Cops be treated like any other Criminal. That would deter corruption.

  • http://pulse.yahoo.com/_WPAMUOVNPGLED3RFS5SR7ROYOI Old Salt

    This guy was good at quoting some case precedent which served to throw the officer off his game plan but wasn’t necessary to make the point that he is completely within his rights. It’s the commie, namby, pamby, ignorant people who called the cops that caused the incident [or was there a call?]. Cops are trained to control the interview and they don’t like it when they lose the upper hand [the cop was very good at evading his direct question as to whether he was commiting a crime or not]. Kudos to this citizen who proved a prejudice against legally carrying your weapon.

  • http://www.facebook.com/people/Ed-Cifelli/1486374135 Ed Cifelli

    With all due respect to my fellow open carry people. Everyone is looking at this like the cop is wrong because he stopped someone doing an open carry. However there are people out there that are afraid of guns and believe what they see in the movies or hear from the anti gun people. These people will call the police anytime they see a gun because they are not knowledgeable about them. The officer was doing his job and the open carry person was challenging him at every point. This put the officer of the defensive. We want the police on our side not against us. Every time the officer opened his mouth about something the person started quoting some facts and cases that the officer didn’t know about because he had more important thing to do than to study every every case that happened in the last 5 years that concerned a gun. The officer had the mans gun but at no time ran the serial number through NCIC which tells me he wasn’t to worried other than the fact he was being bombarded with facts at a rapid rate. I saw a man refusing to identify himself unless he was told he was suspected of wrongdoing. And he kept pushing it down the officers throat. That doesn’t look good even if you are in the right.
    And yes, I do open carry as I live in Arizona and I do also have a CCW. But pissing off a cop is not one of the things I am stupid enough to do.

  • Bambucha

    Seems like the cop was an uninformed bozo.(apologies to clowns…)Good to see there was a camera to record the incident. We wouldn’t want a possible handcuffed, legally carrying, victim to somehow commit suicide, after having his firearm confiscated…