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Yep, CA is open carry though few actually realize it. Based on some of the bizarre gun laws in this state it's no wonder. The caveat of open carry in CA is that the weapon must not be loaded. Here's where it gets even more bizarre, though the weapon cannot be loaded, you may carry ammo on your person, a clip, speedloader, or loose is fine.
If you do choose to carry, be prepared to talk fast and frequently. Go anywhere near a school or various other off-limits places and you'll be in jail really fast. Worse than that, you'll lose the weapon forever, end up with a record and will not be able to buy another handgun in the state for at least 5 years and very likely forever depending on where you happened to be. Though it's technically an open carry state, for all practical purposes carrying a handgun in a populated area is unwise in CA. Some cities also have ordnances that disallow open carry. BUT, if you're not where you're not supposed to be, it's perfectly legal and no permit is required.
So a Police Officer with a Reasonable Suspicion that the gun might be loaded could stop, identify and check the weapon to see if it is loaded.
I've been a Police Officer in three different states and would have no problem stopping and checking anyone open carrying in a city or town.
So a Police Officer with a Reasonable Suspicion that the gun might be loaded could stop, identify and check the weapon to see if it is loaded.
I've been a Police Officer in three different states and would have no problem stopping and checking anyone open carrying in a city or town.
If you check too many times, you'd likely be disciplined. I'd ask the police officer to show me his/her badge # and I'd report it to the precinct. My complaint alone would not be enough, but a few hundred more who've been inconvenienced by you could cost you your job and pension. I don't think any officer wants to risk their job security.
So a Police Officer with a Reasonable Suspicion that the gun might be loaded could stop, identify and check the weapon to see if it is loaded.
I've been a Police Officer in three different states and would have no problem stopping and checking anyone open carrying in a city or town.
Since I was correcting a posters misconception about the need to have a permit to openly carry a weapon in an open carry state, I'm not sure of the relevance of your statement.
But assuming that the one carrying is not breaking any laws, you'd have to prove your reasonable suspicion. Since you've been a LEO in 3 states then you've also spent plenty of time in the courtroom and know that hunches don't cut it and frequently lead to the losing end of a lawsuit. Usually the system an officer works for will quietly settle out of court and reassign the officer in cases, particularly small ones that happen to involve civil rights and wedge issues that could easily become a media circus if they go to court, such as the scenario you described above.
Cops frequently overstep their boundaries believing they are right when in fact they're not. They in many cases know they are wrong and are counting on the ignorance of the person they are illegally questioning. They are neither judges nor lawyers and quite frankly, not all police legal education and training is the same. There are more laws then there are people so it's easy to make the occasional error. The cop in the video pulled a bluff and when he was called, he backed off and called his supervisor because though he thought he might be right, he wasn't sure. The supervisor told him to leave it alone. And yes, we know cops use cell phones specifically to keep such conversations off the airwaves and scanners.
Suspicion that a gun might be loaded??? Here in N.C. it's not illegal for a gun to be loaded!!! I'm sick and tired of the Gestapo tactics of cops everywhere. People get stopped for seat belt violations and cops want to know where they're going!! Like it's any of their business. In N.C. it's legal to carry openly in MOST places. So for cops to stop someone that is LEGAL just to harass them and question them and DETAIN them is WRONG! What about everybody start going up to cops and asking them where they're going, what they're doing, etc. Cops want to be armed but they're scared when citizenry that pays their salaries is armed!
Quote:
Originally Posted by Boompa
So a Police Officer with a Reasonable Suspicion that the gun might be loaded could stop, identify and check the weapon to see if it is loaded.
I've been a Police Officer in three different states and would have no problem stopping and checking anyone open carrying in a city or town.
Suspicion that a gun might be loaded??? Here in N.C. it's not illegal for a gun to be loaded!!! I'm sick and tired of the Gestapo tactics of cops everywhere. People get stopped for seat belt violations and cops want to know where they're going!! Like it's any of their business. In N.C. it's legal to carry openly in MOST places. So for cops to stop someone that is LEGAL just to harass them and question them and DETAIN them is WRONG! What about everybody start going up to cops and asking them where they're going, what they're doing, etc. Cops want to be armed but they're scared when citizenry that pays their salaries is armed!
In all fairness, Boompa was referring to CA where it is specifically against the law to open carry a loaded firearm. I too am dubious about what could possibly be used as probable cause.
Reading the story, it appears no one is disputing James' right to carry his weapon openly in the state of NC. What is at issue appears to be that James was carrying his weapon at a parade or demonstration. Now, James has told us that he was in the parking lot of the Japanese restaurant, and was not involved in any sort of demonstration. If he is correct, then I would suggest he's done nothing illegal in that regard. Has anyone seen any sort of official definition for "a demonstration upon a health care facility", or judicial precedent for the same, in NC?
According to the statue that the police appear to be relying on, the gun toting cameraman does not have to be a participant in the demonstration.
Quote:
Originally Posted by § 14‑277.2.
Weapons at parades, etc., prohibited. (a) It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions to willfully or intentionally possess or have immediate access to any dangerous weapon. Violation of this subsection shall be a Class 1 misdemeanor. It shall be presumed that any rifle or gun carried on a rack in a pickup truck at a holiday parade or in a funeral procession does not violate the terms of this act.
If James stopped to watch the so called "prayer vigil" he's probably a "spectator".
According to the statue that the police appear to be relying on, the gun toting cameraman does not have to be a participant in the demonstration.
If James stopped to watch the so called "prayer vigil" he's probably a "spectator".
The point being, of course, that James says it was not a demonstration at all. If that's the case, then carrying his weapon there would not be illegal. Thus, this will come down to a question of whether what was going on there was in fact a demonstration or not. If the issue is not already well defined, I suspect it will be soon. Or at least, better than it is currently.
The other issue, of leaving a loaded weapon where a child can get to it, concerns me. I don't know James at all except for our interaction right here on CD, so I can easily be wrong about him. Despite the fact I didn't like how he acted at this "prayer meeting", I didn't get the sense he was a blithering idiot, which is what you would have to be to leave a loaded gun in reach of yrou three year old kid. Something about that doesn't sit right with me. Could police be looking for something else to harrass him with for some reason? Hmmmm.
Suspicion that a gun might be loaded??? Here in N.C. it's not illegal for a gun to be loaded!!! I'm sick and tired of the Gestapo tactics of cops everywhere. People get stopped for seat belt violations and cops want to know where they're going!! Like it's any of their business. In N.C. it's legal to carry openly in MOST places. So for cops to stop someone that is LEGAL just to harass them and question them and DETAIN them is WRONG! What about everybody start going up to cops and asking them where they're going, what they're doing, etc. Cops want to be armed but they're scared when citizenry that pays their salaries is armed!
I was replying to the California Law which allows open carry but not loaded.
Before you go off much more try a dose of reality. That Police Officer will remember this moron and, as Alan Funt used to say; When you least expect it............ . A dose of reality will come down on him.
I was replying to the California Law which allows open carry but not loaded.
Before you go off much more try a dose of reality. That Police Officer will remember this moron and, as Alan Funt used to say; When you least expect it............ . A dose of reality will come down on him.
As we used to say, Miranda died in Jail
I doubt it because James may begin recording at any moment. iPhones are extremely discreet and some even upload audio in real time so even if the device is broken, it's still too late for the police officer to keep their job.
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