Open Carry, law student owns cop who is ignorant to the law.

tattered

Uber-Aryan
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Aug 22, 2002
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#3
Damn you just been Pwnd
 

DanaReevesLungs

I can keep rhythm with no metronome...
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Jun 9, 2005
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#4
Seeing these pop up more lately. Cops ignorant to the very laws they're supposed to enforce.
 

Don the Radio Guy

G-Bb-A-D
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Mar 30, 2006
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#7
Portrait mode bullshit.

Cop was cool about everything, but he really should know the law.
 

ruckstande

Posts mostly from the shitter.
Apr 2, 2005
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#9
Portrait mode bullshit.

Cop was cool about everything, but he really should know the law.
This thing happened in Philly a couple years ago. Went all the way to court with the cops losing saying they still did nothing wrong abd saying cops couldn't possibly know all of the laws.
 

Don the Radio Guy

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#10
This thing happened in Philly a couple years ago. Went all the way to court with the cops losing saying they still did nothing wrong abd saying cops couldn't possibly know all of the laws.
They can't know all of the laws. But when a person can be detained should be first thing learned.

Of course this cop knew the law. He was just breaking it thinking he'd get away with it as usual.
 

OilyJillFart

Well-Lubed Member
Sep 26, 2008
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#11
Which Portland did that happen in? Can't see what state.
 
Jun 14, 2004
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#13
Those cops are morons, they clearly don't know the law. They did have 'reasonable suspicion' to stop the taper. The taper was walking around directly in front of a gas station holding a gun in his hand. If that doesn't arouse suspicion that a crime is about to ensue, I don't know what does.
 

the Streif

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#14
Those cops are morons, they clearly don't know the law. They did have 'reasonable suspicion' to stop the taper. The taper was walking around directly in front of a gas station holding a gun in his hand. If that doesn't arouse suspicion that a crime is about to ensue, I don't know what does.
You don't see whether or not he is holding the gun in his hand or if it is holstered. If it was properly holstered, then no probable cause at all.
 
Jun 14, 2004
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#18
You don't see whether or not he is holding the gun in his hand or if it is holstered. If it was properly holstered, then no probable cause at all.
Whatever way he was holding it was suspicious enough to alert the average citizen the tip the cops off = reasonable suspicion.
 

Buster H

Alt-F4
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Dec 6, 2004
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#19
Whatever way he was holding it was suspicious enough to alert the average citizen the tip the cops off = reasonable suspicion.
Nope. The guy had it holstered. This is a very common thing. Scaredy cat citizen sees a holstered weapon and because its a gun, they call the cops. The cops then harass the person who isn't breaking the law.
 

Myhairygrundle

Screw you guys, I'm going home.
Jul 16, 2005
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#22
Meh, this officer was not even on the radar as far as being a dick goes.

I'm sure the newest law update classes will address it so other officers don't have a similar encounter.

Lesson learned, move along.
 

peewee

Registered User
Aug 10, 2003
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#23
Cops always try to pull shit like this, and most of the time they get away with it. You have to know your rights because a cop isn't going to automatically respect them.
 
Jun 14, 2004
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#24
Nope. The guy had it holstered. This is a very common thing. Scaredy cat citizen sees a holstered weapon and because its a gun, they call the cops. The cops then harass the person who isn't breaking the law.
I don't think so. Regardless, once citizens have reported some fishy activity it's the cops' duty to investigate. They were not arresting him, just the regular stop and frisk, which is perfectly reasonable under these circumstances.
 
Dec 8, 2004
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#25
Police chiefs taking aim at Maine's open-carry gun law

Prompted by a man who carried an assault rifle around Portland on Christmas Eve, chiefs from across the state will meet later this month.

A group of Maine police chiefs plans to ask the Legislature to tighten the state law that allows people to carry guns openly in Maine.


Several chiefs, including Portland's, are scheduled to meet Jan. 22 to discuss changing the law in response to an incident in which a man carried an assault rifle through several Portland neighborhoods on the day before Christmas.

The sight of the man and his gun, just 10 days after a man with a similar gun killed 26 people in an elementary school in Newtown, Conn., prompted dozens of calls to Portland police.

Police responded to the calls and talked to the man, later identified as 24-year-old Justin Dean, who eventually went home without incident.

The officers lacked any legal authority to determine whether the gun was loaded, whether it complied with the federal ban on automatic weapons, or even whether Dean possessed the rifle legally, said Police Chief Michael Sauschuck.

"We can ask anything, but it's purely voluntary. The individual doesn't have to say anything to us. They could literally just keep walking," Sauschuck said. "There will be some additional conversations around any changes to that (open-carry law) over the next couple of weeks."

The open-carry movement has gained traction nationally in recent years. In Portland, gun rights advocates have held public rallies and demonstrations in support of the law, firearms at their sides.

Maine is among 35 states in which it is legal to carry a gun openly without a permit or license, according to the Law Center to Prevent Gun Violence. A permit is needed to legally carry a concealed gun in Maine.

It is too soon to know what changes the police chiefs may ask for, said Sauschuck. He expects at least three other chiefs -- from Oakland, York and South Portland -- to attend.

Gun control advocates said the incident in Portland illustrates the need for stricter laws, and for avenues of recourse for police who respond to calls from alarmed residents.

"(Dean) caused a lot of anxiety for people," said Cathie Whittenburg, spokeswoman for States United to Prevent Gun Violence.

She said open-carry advocates represent a minority in the gun-rights community, and suggested that municipalities be allowed to craft their own open-carry laws.

Currently in Maine, state law supersedes local ordinances, Whittenburg said.

Jeff Weinstein, a gun-rights advocate from Yarmouth, said he vigorously supports the right to bear arms, including the right to carry a weapon for self-defense.

But he said open-carry rules should balance an individual's liberty with a police department's responsibility to ensure public safety. He said he hopes he will be invited to the chiefs' discussion.

"Discretion plays a role in the exercise of any right," said Weinstein. "I saw that (Christmas Eve incident) as an unnecessary display of the right to open carry, which obviously served to scare a lot of people."

Weinstein, who made headlines in December for suggesting that teachers in Maine be armed to prevent attacks such as the one in Newtown, said he was exasperated by Dean's choice to walk the streets with a rifle.

Dean, a college student who said he left the Army in July after tours in Iraq and Afghanistan, has said he is not an activist and was not trying to make a political statement when he carried the loaded rifle over his shoulder from the West End to Parkside and along the Back Cove Trail.

He did not return phone and email messages Friday seeking comment.

During his walk, 65 people phoned police to notify them of an armed man. Sauschuck said residents and neighborhood associations expressed disbelief that police could not require the man to identify himself or inspect the gun to assess whether he posed a threat.

Tom Franklin, president of the board of Maine Citizens Against Handgun Violence, said some gun advocates see openly carrying a firearm as the most declarative expression of Second Amendment rights.

Bill Harwood, who founded Maine Citizens Against Handgun Violence, echoed his colleague and described the open-carry trend as a byproduct of the nation's complicated relationship with firearms.

"This is part of the cultural war that's at the base of the gun control debate," Harwood said.
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