Posted on 05/31/2017 6:02:52 AM PDT by marktwain
In 2011, on November 2nd, The Lincoln City Police Department received a call about a young man displaying a firearm in an Astro van outside of a convenience store. The call lead to the felony stop of an Astro van about 4 hours later.
In the van was 58-year-old black pastor who was a double amputee. The officers forced the pastor, Leroy Duffie, to exit the van with his hands held up, after he had told them that he could not do so because of his disability.
At gunpoint, Duffie opened his door, and twisted his body in an attempt to comply. He then fell face forward to the pavement, suffering significant injuries including loss of two teeth and a torn rotator cup.
Duffie sued the police department for depriving him of his constitutional rights, of using excessive force, searching his van without his consent, and placing him in danger of physical harm without due process.
The trial court granted qualified immunity to the officers and granted summary judgment against Duffie on all counts. Duffie appealed to the Eight Circuit.
The Eighth Circuit, on 23 August, 2016 reversed the trial court decision, finding that police did not have reasonable suspicion to stop Duffie, because the open carry of handguns is legal under the law in Nebraska. The Court referred to open carry as a right. On March 30th, 2017, Duffie and the City of Lincoln reached a settlement, with Duffie receiving $160,000.
The 8th U.S. Circuit Court of Appeals in August reversed that decision and ruled Officers Nathan Kaiser, Tobias Hite and Shane Jensen violated his Fourth Amendment protection from unreasonable search and seizure.
The judges took issue with the reason for the stop,
(Excerpt) Read more at ammoland.com ...
I have to admit, I admire the courage of those who open carry if it is a “tweak the nose” of the snowflakes and send them scurrying for their “safe space”. As a practical matter it is like wearing a sign for the bad guys to “shoot me first”.
I support open carry, although I’m not comfortable seeing it. Too many crazies out there - not the open carriers, though.
I still think concealed carry is better. I suppose that open carry is a deterrent (although I’ve never seen any studies on that), but I don’t want people to know my business.
Agree with you totally.
> I support open carry, although I’m not comfortable seeing it. <
Agreed. I’ve always thought the states have it backwards. Concealed carry should not require a permit. Open carry should.
It’s sort of like porno (or erotica, if you wish). You have a right to possess it, and carry it around with you. But you should’t have the right to exhibit it openly in public.
Torn rotator cup....
Sounds even more painful than a rotator cuff.
I watch those “Active Self Protection” vids and the point he keeps making over and over is “you have to ‘earn your draw’”. I have come to realize the validity...
The idea that open carriers “would be shot first” sounds plausible, but it does not happen much in reality.
You also have concealed carriers attacked and their guns taken, because the attacker thought they were unarmed.
You have a plenty of bad guys deterred by open carry, so they do not initiate an attack.
Both methods have their pluses and minuses. I support both methods. At times, I have employed both at once.
Open carry is much better for making political statements; concealed carry is nice if you are shy about making political statements or simply want to be inconspicuous.
It is surprising the large number of people who do not even notice a full size holstered pistol in the open.
That is atrocious! He should have gotten a MINIMUM of a MILLION DOLLARS!.
A measly $160k means the cops will do it again, and again.................
I suppose there might be an advantage to having the BUG as the actual defense gun, and maybe even a “decoy” replica in the open holster. It wouldn’t work on me. Were I a “bad guy” I would just shoot the open carrier. In my mind, “were I a bad guy”, my thinking would be “I have crossed the Rubicon” I am in public, brandishing, taking charge, I have ALREADY gone too far so shooting threats is just logical...
Thats when situational awareness dictates that you carry so many weapons that one or two are bound to be concealed and a couple are gonna be in the open as well.
You can exercise your rights the way you want to and I wont say a thing. I expect the same from you.
ANY permit, registration or other such requirement is a clear infringement upon our God given rights as recognized in the second amendment. If you should not be armed, you should not be running around loose.
I agree, I like concealed better. But here in central Virginia open carry is pretty common. I really don’t receive any unusual looks when I open carry at the mall. Chances are, you’ll see others too.
police did not have reasonable suspicion to stop Duffie, because the open carry of handguns is legal under the law in Nebraska
They should all be charged Criminally then for the Multiple Felonies they committed
You are the exception, I think.
But that is common on Freerepublic. The people here are exceptional people, far above average.
I recall a thread on Meyers Briggs personality types here on freerepublic. The percentage of critical thinking, high level leadership types was astounding.
I suspect that is what is keeping freerepublic membership from reaching tens of millions. There are not that many high level thinking leadership types around!
The first time I saw a woman with a pistol on her hip, I asked her if she liked it. Absolutely she replied. Keeps the creeps at bay she said. No fears of being attacked was her answer.
Open carry only upsets liberals because they don't think people should have guns to begin with. Open carry shoves it right in their faces and there's not a darn thing they can do about it.
The right to carry a firearm to defend oneself is exercising their 2nd Amendment rights under the Constitution. No different than having the ability to speak your mind, even if it is unpopular speech, because of the 1st Amendment.
Heh! Out of the park!
If I cant trust you running around town with a loaded gun, I CANT TRUST YOU. and neither can anyone else!
Plenty of studies have proven this to be false. John Lott covered it recently as well.
You're "Hollywood-izing" the idea of criminal violence. Criminals use weapons to terrorize. Many thieves, robbers, etc. will walk away from a scene before doing anything if they see someone carrying a gun, LEO or citizen. Criminals are generally cowards.
If you're in a situation with someone hell bent on maximum carnage, it doesn't matter if you're open carrying.
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