User Profile
Learning and understanding Bible prophecy. Spiritual warfare. Exposing lies. Studying esoteric kn...
» View CMGINAV's profile
» Send Private Message
Search
Blog Viewer
from UN Panel After B’nai B’rith Request
Wednesday, June 27 2012 - 05:24 PM
Law Student Takes Cop To School
Law Student Takes Cop To School After Being Illegally Stopped For Carrying Gun
Fourth Amendment rights in action
Steve Watson
Infowars.com
June 25, 2012
In a remarkable exchange that shows exactly why it pays to know your rights, a law student in Portland, Maine backed down a police officer who had stopped him for no reason other than he was carrying a gun.
After clearly stating that he did not consent to any searches or seizures, the student asked the officer what crime he had been suspected of committing.
The officer stated that he had received calls about a man carrying a gun.
“That is not illegal. Can I have my gun back and be on my way?” the student notes during the incident while filming it on his phone.
“In order to stop me you have to suspect me of a crime.” the man notes.
As Maine is a traditional open carry state, it is perfectly legal and acceptable to carry a firearm openly.
The officer, J McDonald, asks for ID, which the man declines to provide on the grounds that he has not been told he is suspected of any wrongdoing.
The student then notes that being detained without suspicion of any criminal activity violates Delaware v Prouse, and that stopping someone over a legally carried firearm violates US v DeBerry.
Seizure of the weapon with no reasonable suspicion is a violation of Terry v Ohio, and demanding ID without reasonable suspicion is a violation of Brown v Texas, the student also notes.
In a hilarious moment, a female police officer, off camera, asks the man what he has under his shirt, to which he replies “suspenders to keep my pants up”.
Eventually the officer concedes that the man is free to go and take his gun with him.
Although in this instance the stop was handled calmly by the officer, his assertion that it was “routine” highlights how the Fourth amendment to the Constitution is under constant attack every day. Thankfully some Americans are still choosing to learn and defend their rights.
Watch the exchange below:
(VIDEO ON INFOWARS.COM)
marino says...
What is Open Carry?
Open Carry (OC) refers to the act of carrying a firearm in plain sight.
Is Open Carry Legal in California?
Open carry of loaded firearms has been illegal in California since Governor Reagan banned it back in 1968. With the recent passage and signing of AB 144 by Govenor Brown, Open Carry of unloaded handguns is no longer legal in most of California effective Jan 1, 2012. As such, most of this FAQ was obsolete and has been deleted.
Is it true that carrying both a gun and ammo is legally considered loaded?
No. If one carries a firearm with the intent to commit a felony, then it is true. But for the typical law-abiding gun-owner, it is not true. PC 12031 and People v. Clark are all that apply. For more information on the topic, read Defining Loaded in California.
Where can I legally Open Carry?
Loaded Open Carry is legal in your home, temporary residence or campsite (unless otherwise prohibited), place of business, private property, and in areas of unicorporated territiry where shooting is not prohibited, including most areas within National Forest and BLM lands.
With AB 144 becoming law, Unloaded Open Carry of handguns is now illegal except where loaded open carry is legal, and also in public lands (National Forests, BLM, etc.) where firearms are permitted.
Unloaded Open Carry is still legal for long guns (rifles and shotguns) anywhere except the following places:
schools and “school zones” (within 1000 feet of a K-12 school)
California State Parks
“federal facilities” within the National Parks (details)
US Post Offices and other federal buildings
any state or local public building or at any legislative meeting required to be open to the public
the State Capitol, legislative offices, office of the Governor, Governor’s residence, etc.
“sterile areas” (areas where access is controlled by security screening) of airports
areas restricted by local city or county ordinance, often including regional parks
What about rifles and shotguns?
PC 12025, which makes carrying a concealed handgun illegal, does not apply to long guns so they can be carried concealed (in a vehicle, for example) or unconcealed. However all other laws apply (including PC 12031 which makes carrying loaded illegal under most circumstances).
Update: The new Unloaded Open Carry ban (AB 144) does not apply to rilfes and shotguns.
My question isn’t answered in this FAQ or in any of the documents on this site.
Go to OpenCarry.org’s California Forum and ask. To contact CaliforniaOpenCarry.org’s site administrator email admin at california open carry dot org. (CaliforniaOpenCarry.org is not affiliated with OpenCarry.org.)
Legal Disclaimer
The information on this site is not legal advice. This site contains information about the law. The purpose of presenting this information is to help the law abiding gun owner exercise his or her rights, while still remaining within the law. The authors have gone to great lengths to assure that the information is accurate and complete. However, legal information is not same as legal advice, which is the application of law to an individual’s specific circumstances. Consult an attorney for legal advice.
(
send private message
)
avbornbred says...
The Open Carry originally allowed a gun owner to where a visible unloaded gun in a holster. Ammunition could be worn, but could not touch the weapon. There was a recent modification to the Open Carry law dealing with ammunition.
Law enforcement could contact a person to check only if the gun was loaded, but no further detentions were permitted unless there was a violation.
(
send private message
)
Sovereignty Soldier says...
The time is coming when a patriot will have to carry some kind of firearm or risk being taken at a roadside checkpoint simply for your blog comments or the fact that you were or are a political activist. There are lists of names of these Americans who actually exercise their rights. I saw the police in black ski masks videotaping not the illegal alien protestors but the minutemen activists. Why cover their face? Ashamed or afraid of the consequences of their actions.
This is a big con of California. Really if you make a pro/con list of qualities of California one would wonder why any of us stay. One reason alone…work.
( send private message )
Would you like to comment on this blog post? Login to talk back!
CMGINAV says...
LMAO! I just had to post this. ALWAYS, no matter what, tell them, “I do not consent to any searches”. Setting enough precedent will force them to stop overstepping their authority on those who may not know their rights.
( send private message )