Big open carry writeup

[Midian]

I wonder what our law enforcement professionals on this forum here think of the whole Open Carry thing.

I understand the fuel behind it, and it does school the Good Morning America watching sleepers that only see firearms in movies and TV that normal people do in fact have guns.

But again, I wonder how LEO's feel when they deal with the situation. Any here care to comment?

[XeRoFuN]

Not necessarily.


To brandish there should be the intent to use the firearm to intimidate someone. It isn't for just showing the firearm to someone.

Good catch there. I shouldn't have posted close to 2 in the morn. Brain no workie.

[Theseus]

Good catch there. I shouldn't have posted close to 2 in the morn. Brain no workie.

That is why we are all here. Multiple minds to solve multiple problems.

[grammaton76]

Uh.................this is a little opaque to me. Can you expound on it a bit?

I can't say it any better than Mudcamper's post on the subject, a bit farther down.

A lot of folks like to say one should ensure the magwell is empty so that it's visually apparent that the gun's empty. I distinctly recall that the Oceanside arrest made the assertion that the loaded magazines were a part of his empty-magwelled firearm.

There's a theoretically higher risk of being stopped for a loaded-weapon check, but I'll take that over the heightened risk of prosecution...

[ENTHUSIAST]

GREAT stuff Pullnshoot and Gir I just gave all your YouTube vids 5 stars!!! *****

I like the part in the vid when you open the door for the lady going into Nordstrom... Gentlemen you are truly ambassadors for open carry.

Carry On guys.

[rkt88edmo]

Yep, that was Chris! Everyone was very "meh" about the whole thing, it was really nice. I can't believe you didn't see my brother and myself there as well. I was wearing a long sleeved black shirt and my signature Tracker and my brother is 6'4" wearing a red shirt with his Glock 19 near the entrance. Maybe you didn't recognize him without the kilt?

How cool! Too bad you didn't catch us, it would have been cool to chat!

Maybe he is just a 1911 guy and his mind screns out other firearms that don't interest him

[pullnshoot25]

Maybe he is just a 1911 guy and his mind screns out other firearms that don't interest him

But in the end, isn't that just blatant discrimination? hehe.

[elsensei]

given applicable case law people v clark it appears that " a firearm is loaded when a shell or cartridge has been placed into a position from which it can be fired. A firearm is not loaded if the shell or cartridge is stored elsewhere and not yet placed in a firing position."

sooner or later the courts are going to have to further clarify this to mean what we all already know, that if there is no bullet in the chamber, the gun cannot be fired and by legal definition is therefore not loaded. It would go a long way towards respecting the 2nd amendment and protecting the rights of human being to self-defense once we're carrying weapons with loaded mags inserted. Of course, it would make it that much easier for a crooked cop to chamber a round during a 12031 check and claim he found it that way.

Finally, 12031 is unconstitutional. Someone carrying a gun is no cause for seizure of the person for a check, any more than someone driving a car is cause for seizing the driver to check his license or impounding the car to test the grade of gasoline. There has to be probable cause of criminal activity.

The police don't have to like it, but that doesn't mean it's not true.