Detention of open carriers

Discussion in 'In the News' started by kwikrnu, Jan 3, 2011.

  1. kwikrnu

    kwikrnu Banned

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    I know the gco v marta case fell short when the federal judge said marta could detain because the guy carried concealed, but the marta cop saw the gun. He kind of left open the possibility that the circumstances might be different if the gun were carried openly from the start.

    I'm trying to get to trial with my case, of course the State is putting up a defense. Hopefully we'll survive summary judgment. Things have been moving along at a pretty good rate the last month or so. We might end up with cops able to detain us for hours based upon their inability to identify a weapon or because the firearm looks dangerous/harmless or because of wearing a camouflage jacket.

    link to 12-28-10 supp. brief

    Here are a couple of cases they cited as far as detention length:

    http://ca10.washburnlaw.edu/cases/2000/07/99-6180.htm
    http://ftp.resource.org/courts.gov/c/F3 ... -1890.html
    http://openjurist.org/477/f3d/807/cente ... ngboro-a-a

    I wasn't able to get united states v. code or united states v. otoole (WDNY 2008)
     
  2. Phil1979

    Phil1979 Member Georgia Carry

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    I read their brief. So, because a few sheep freak out, and because the firearm (though legal and legally carried) is not normally seen in the park, they have the right to violate someone's 4th Amendment rights? :screwy:

    And while the officers testified that you did not present a threatening manner, they considered the situation a threat merely because of the presence of your weapon? :screwy:

    Sorry, but the Supreme Courts has ruled several times that even for a Terry Stop frisk for weapons, LEO's must have reasonable articulable suspicion that the person is both armed AND dangerous. That condition was not met in this incident.

    And they think that painting a firearm orange indicates possibly criminal activity? :screwy:

    Now, if it were merely the tip painted orange, that would be suspicious, as it would be a clear attempt to make a firearm appear like a toy. But not painting the entire thing orange. Who are these fashion police?

    If they get a summary judgement to dismiss, that would not bode well for us. We could be detained at length just for being armed in Tennessee, without even the standard being reached for a Terry Stop.
     

  3. gruntpain1775

    gruntpain1775 New Member

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    And everyone has you to thank for that. Play stupid games, win stupid prizes.
     
  4. kwikrnu

    kwikrnu Banned

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    Actually, the 6th circuit which covers Michigan, Tennessee, Ohio, and Kentucky. :)
     
  5. CountryGun

    CountryGun New Member

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    FIFY Carry on.
     
  6. Phil1979

    Phil1979 Member Georgia Carry

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    We should be good little boys and girls, and wear only approved color-coordinated attire, and carry only visibly appealing firearms (not too big or with too long of a barrel) that don't frighten the sheep too much.
     
  7. gruntpain1775

    gruntpain1775 New Member

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    No, that's not it at all. We shouldn't go about drawing unnecessary attention to ourselves in the hopes of getting the police to notice us so we can try and sue them. Much like Lenard did. And continues to do, over and over again. He is a selfish attention whore.
     
  8. Phil1979

    Phil1979 Member Georgia Carry

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    Thanks CountryGun. :)
     
  9. kwikrnu

    kwikrnu Banned

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    It must be constitutional to detain for having what may possibly be a modified illegal sbr that leo can't identify at a glance, wearing camouflage jackets, and simply carrying a gun in a legal place, if the judge orders summary judgment. I don't make the rules, but I'll have to play by them.
     
  10. gruntpain1775

    gruntpain1775 New Member

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    Again, go talk to people on Tennessee gun forums, if you can find any that hasn't banned you yet.
     
  11. kwikrnu

    kwikrnu Banned

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    This case may affect gun rights in GA, but definately in TN, OH, KY, and MI.

    Most forums do not like open carry and definately don't like the carry of ak pistols. It's either that they don't like carry by law abiding citizens.
     
  12. gruntpain1775

    gruntpain1775 New Member

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    It affects those states because of the jackass attention getting stunt you pulled, trying to make a name for yourself and money for your pocket. YOU screwed EVERYONE ELSE. It's not that other forums don't like OC, it's they don't like YOU! You nothing but a little man who wants a name, and you are treading on the hard work of everyone else getting it.
     
  13. XshootX

    XshootX New Member

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    I almost feel like a hypocrite saying that OCing an AK pistol is over the edge, but the way you did it - from what I've read, I think it was a "Look at me!" stunt more than it was motivated by desire to expand carry rights. I hope my rights aren't infringed further because of your actions.
     
  14. elandil

    elandil Redneck Engineer

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    =D> :exactly:
     
  15. Phil1979

    Phil1979 Member Georgia Carry

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    Whether these accusations are true or not shouldn't be relevant. The U.S. Constitution should be more robust than that. If it isn't, then we are all at the mercy of various whims of bureaucrats.
     
  16. kwikrnu

    kwikrnu Banned

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    I can't take your rights away, the government may restrict your right and if they do it means it wasn't much of a right to begin with.
     
  17. kwikrnu

    kwikrnu Banned

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    It isn't. We are at the whim of judges and bureaucrats.
     
  18. gruntpain1775

    gruntpain1775 New Member

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    Phil, I agree with you. However, such is not the case. We have to operate in a responsible manner to keep what we have. If the time ever comes to more aggressive actions I will be there to do them. Now is not the time. How can actions like his affect everyone? It was perfectly legal to carry guns into the state legislator in California....until the Black Panthers packed the place with guns...to prove a point. Can't carry guns there now. How about lenny, how many legislators, city council members, etc has he called, written, met with to try and get the laws of his state fixed? ZERO. Not a single one. If he had, then I wouldn't have so much heart burn for his little stunts. He doesn't want the laws changed. HE could care less about your rights to carry a gun. Lenny wants money.
     
  19. Gespenst

    Gespenst New Member

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    Just because one can do something doesn't automatically make it a good idea.
    Not sure what you were trying to accomplish but I suspect many will bear the burden of your actions.

    Thanks. :roll:
     
  20. kwikrnu

    kwikrnu Banned

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    What should be illegal?

    open carrying an ak pistol on a sling?
    wearing a gore-tex camouflage jacket on a rainy cold winter day?
    custom painting a gun?
    not behaving in a threatening manner?
    cooperating with cops?
    carrying in a legal place?
    audio recording cops?