Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Dan Nunn

“So, if you were a cop, you would arrest open carriers for brandishing, or at the very least, disorderly conduct. Amazing to state here on “Free” Republic.”

I was a cop, and I had discretion, but there was no crime for ‘brandishing’. Open carry IS illegal in some jurisdictions. And which disorderly conduct statute/ordinance are you citing? They vary vastly even within a state, as the municipal versions are often different. The law I cited was federal. And assault statutes/ordinances vary as well, but generally require imminence, intent and apparent ability, if that’s what you mean.


71 posted on 04/29/2010 12:29:55 PM PDT by Spok (Free Range Republican)
[ Post Reply | Private Reply | To 68 | View Replies ]


To: Spok
I'm aware that statutes will vary from state to state. Specifically I was referring to Pennsylvania, relatively middle of the ground when it comes to gun rights. Open Carry has been upheld and protected in numerous court cases as not only being legal, but also NOT disorderly conduct and NOT assault.

And yes, open carry is illegal in NY, where I own a business, so I stick to CC there.

73 posted on 04/29/2010 12:36:18 PM PDT by Dan Nunn (Some of us are wise, some of us are otherwise. -The Great One)
[ Post Reply | Private Reply | To 71 | View Replies ]

To: Spok
Open carry is not assault, brandishing, or disorderly conduct in any jurisdiction in the US according to the USSC. Simply open carrying isn't even a legal basis to ask a person for ID and many police and their agencies have been sued for doing just that.

Open carry is the act of law abiding citizens who are not ashamed of their rights or criminally inclined.

There is a special kind of insanity that believes that a hidden gun will deter a criminal attack but a visible one will not. Concealed carry makes for a slower draw adn increases the likelihood that a criminal will be successful.

It's strange that there are so many stories of concealed carriers being attacked by criminals and so few of open carriers. The sight of a gun deters criminal actions.

106 posted on 04/29/2010 6:15:46 PM PDT by Dayman (My 1919a4 is named Charlotte. When I light her up she has the voice of an angel.)
[ Post Reply | Private Reply | To 71 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson