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‘Legal’ open carry could get you arrested—or worse
Gun Rights Examiner ^ | 12 December, 2010 | David Codrea

Posted on 12/13/2010 4:00:18 AM PST by marktwain

Despite the practice being “lawful” in many states (not to mention being a fundamental right), gun owners who openly carry firearms often place themselves in legal and physical jeopardy from police reactions.

Because official ignorance endangers open carriers, as one in Willowick, Ohio, found out when, per Ohioans for Concealed Carry, he "was ordered to his knees at gunpoint by several police officers." And the chilling account they relate includes no small amount of disrespect by the enforcers, including blasphemies directed at the detainee.

And then there was this bit of telling attitude for a right articulated in the Constitution all officers have sworn to uphold:

Also disturbing was a statement an East Palo Alto Police detective made on his Facebook page, laughing because most Californians can't get concealed carry permits, and must open carry (with unloaded guns) to remain "legal."

"Should've pulled the AR out and prone them all out!" he wrote. "And if one of them makes a furtive movement... two weeks off!!"

It’s an ongoing issue, one we’ve discussed many times in this column. And unless government takes seriously the responsibility to educate its enforcers, We the People who choose to openly exercise our right to bear arms remain in potentially mortal danger from those ostensibly retained to serve and protect us.

“Open Carry Still Dangerous — Even Where ‘Legal’" is my “Rights Watch” column for the February 2011 issue of GUNS Magazine.

(Excerpt) Read more at examiner.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Government
KEYWORDS: banglist; codrea; constitution; examiner; opencarry; police
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The motto of opencarry.org is "A right unexercised is a right lost".
1 posted on 12/13/2010 4:00:21 AM PST by marktwain
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To: marktwain

A city here in PA recently loct an OC case.....to the tune of $23,500.

Hopefully many more of these cities lose similar cases for infringing on our rights.

Gun rights violation costs city
November 20, 2010|Paul CarpenterThe taxpayers of Allentown just got stuck with an unnecessary $23,500 tab.

http://articles.mcall.com/2010-11-20/news/mc-paul-carpenter-gun-right-20101120_1_gun-control-allentown-lawyer-dale-stokes


2 posted on 12/13/2010 4:03:53 AM PST by Red in Blue PA (Planning on using 911? Google "Brittany Zimmerman")
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To: marktwain

Forgot to add....I OC (over CC) whenever possible.

More gunowners need to do so. The only way libs will see that guns are not bad is to see them on the hips of law abidinging people. Concealed carry does the gun owning crowd a disservice if OC is possible (ie. not in a urban area where CC may be the only option).


3 posted on 12/13/2010 4:06:41 AM PST by Red in Blue PA (Planning on using 911? Google "Brittany Zimmerman")
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To: Red in Blue PA

My dad went around with a small but functional one-shot firearm mounted on his belt buckle.


4 posted on 12/13/2010 4:15:10 AM PST by UnbelievingScumOnTheOtherSide (REPEAL WASHINGTON! -- Islam Delenda Est! -- I Want Constantinople Back. -- Rumble thee forth.)
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To: marktwain

> Because official ignorance endangers
The cops are ignorant about almost everything except donuts.

We used to have dark tinted side windows on our car. because my wife has Lupus and can’t be in direct sunlight. So, as she would drive through the Town of Amherst, NY with her car which had a NYS-DMV tinted window permit in plain sight attached to the upper corner of each tinted window, she would get pulled over and detained for 30 minutes to an hour while the cops check to see if there actually was such a thing as a tinted window permit. She was always released, but the inconvenience of a 30 to 60 minute wait every time became too much. This usually happened at least 2 to 3 times a year.
The fact that cops don’t know the open carry laws is perfectly believable; they are, afterall, no different from the TSA grillas at the airport, all badge and little brains.


5 posted on 12/13/2010 4:19:13 AM PST by BuffaloJack (The Recession is officially over. We are now into Obama's Depression.)
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To: marktwain

I wonder what kind of demand there could be for retro-fitted prosthetic’s like an arm that has a concealed weapon or further yet has an incorporated firing device like a twin barreled .410 shotgun.

Or more conservatively has a built in stun device, an attacker grabs your fake arm and gets a 100,000 volt shock.


6 posted on 12/13/2010 4:28:14 AM PST by Eye of Unk (If your enemy is quick to anger, seek to irritate him. Sun Tzu, The Art of War.)
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To: BuffaloJack

Most police feel that only they should have the right to carry.

They even carry that right into retirement, but they feel uncomfortable about your right to carry.

It;s a fraternity, and you do not belong.

Too many police get caught up in that fraternity business where they believe everyone else is a law breaker.Their fraternity of course allows them to break traffic laws, they dont count if you belong.

They frown on criminal convictions however, a cop who has disgraced them is by getting caught in one of those is Persona, non grata.


7 posted on 12/13/2010 4:33:43 AM PST by Venturer
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To: marktwain

http://hamptonroads.com/2009/06/gunr...over-07-arrest

Gun-rights activist again sues Norfolk over ‘07 arrest

NORFOLK

A Yorktown advocate of the right to openly carry firearms has filed another federal lawsuit over his one-hour detention during the June 2007 Harborfest, this one alleging excessive force against four policemen involved.

Chester “Chet” Szymecki Jr., who is proceeding without a lawyer, alleges that intentionally tight handcuffs and his physical removal from the festival site at Town Point Park caused pain and aggravated existing neurological problems. He seeks $2 million plus costs.

The local criminal charge against him over wearing a holstered .45-caliber handgun at the festival was withdrawn. Virginia law prohibits localities from regulating firearms.

The city settled a previous federal suit over the constitutionality of his arrest with a $15,000 payout before a scheduled December trial but admitted no wrongdoing.

City Attorney Bernard Pishko said Thursday that the city’s position is that there was no excessive force.

“The officers’ version doesn’t confirm Szymecki’s allegations,” Pishko said.


8 posted on 12/13/2010 4:53:24 AM PST by Captain Jack Aubrey (There's not a moment to lose.)
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To: marktwain
"Should've pulled the AR out and prone them all out!" he wrote. "And if one of them makes a furtive movement... two weeks off!!"

If I were his superior I would've fired him (?) the moment this post came to my attention. Pulled his (?) badge and weapon and walked him to the door in under 60 sec. We'll clean out your desk and send you any personal items.

Anyone this stupid and with this poor of an attitude towards their service to others does not deserve nor should be allowed a position of responsibility.

9 posted on 12/13/2010 5:17:07 AM PST by ThunderSleeps (Stop obama now! Stop the hussein - insane agenda!)
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To: Venturer
Most police feel that only they should have the right to carry.

When I applied for my CCW in southern Indiana some years back the Sheriff stated,"That's exactly what we need. More armed law-abiding citizens." He was a Democrat, too.

10 posted on 12/13/2010 5:21:55 AM PST by CholeraJoe (Eat moer DUCK! War Eagle!!!!)
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To: Red in Blue PA

The problem is that when a city loses such a case, the taxpayers are on the hook for it, not the public officials responsible. Of course, those taxpayers elected those officials.

Public officials need to be held personally responsible for Constitutional infringements.


11 posted on 12/13/2010 5:29:28 AM PST by Daveinyork
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To: marktwain
"Should've pulled the AR out and prone them all out!" he wrote. "And if one of them makes a furtive movement... two weeks off!!"

How many examples of this do the copsuckers on FR need to realize that the police are part of the problem, not part of the solution.

12 posted on 12/13/2010 5:39:33 AM PST by from occupied ga (Your most dangerous enemy is your own government,)
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To: marktwain

Laws mean nothing if the corrupt administration tells the police to ignore them.


13 posted on 12/13/2010 5:45:18 AM PST by Leftism is Mentally Deranged (Liberalism is against human nature. Practicing liberalism is detrimental to your mental stability.)
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To: marktwain
"Should've pulled the AR out and prone them all out!" he wrote. "And if one of them makes a furtive movement... two weeks off!!"

Any police officer that would say that should be fired and never allowed to be in a position of responsibility ever again.

14 posted on 12/13/2010 5:48:34 AM PST by Durus (The distance between us has grown, and I struggle to quantify it. Windage adjustments are done.)
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To: Captain Jack Aubrey
Chester “Chet” Szymecki Jr., who is proceeding without a lawyer

There's his first mistake.

Just an opinion of course, yours may differ.

15 posted on 12/13/2010 6:03:57 AM PST by Graybeard58
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To: marktwain
Because official ignorance endangers open carriers, as one in Willowick, Ohio, found out when, per Ohioans for Concealed Carry, he "was ordered to his knees at gunpoint by several police officers."

And were these officers fired and imprisoned? "Ignorance of the law is no excuse."

16 posted on 12/13/2010 6:09:38 AM PST by magslinger (Samuel Colt, feminist. Making women equal to men for over 150 years.)
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To: marktwain

We are heading for a time when an ignorant, uninformed or indifferent police officer will be shot for his violation of rights. Does not the rule, ignorance of the law is no defence, hold for them as for the populaton at large?


17 posted on 12/13/2010 6:10:06 AM PST by Lion Den Dan
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To: Venturer
Ever since having had to carry a sidearm 24/7 while in the Army I'm always aware of any visible sidearm ~ and the old anxiety comes back.

Lots of cops probably suffer the same problem. BTW, there was a lot less anxiety carrying a rifle.

One time in a train station in Frankfort Germany this may have saved my life. Before I consciously saw the guy's gun I'd already ducked behind a steel pillar. Fortunately a person closer to him was a West German undercover cop and he grabbed the guy's wrist holding it straight up in the air.

18 posted on 12/13/2010 6:24:13 AM PST by muawiyah
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To: marktwain

Does anyone know if there were any consequences for Det Tuason’s comments? I just did a quicky Bing search, but I’m on my way out and didn’t have time to look past the 1st page. I’m assuming the issue was dropped, and the department swept it under the rug with a reminder to the Det to set his security settings on his FB account to private. I hope that I am wrong.


19 posted on 12/13/2010 6:37:52 AM PST by Cailleach
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To: Lion Den Dan; marktwain
Cops view the world as two camps. Cops and perps. All the open carry laws will not stop that, and they will more often than not respond to someone OC as a threat.

OC if you must, but always remember that.

20 posted on 12/13/2010 6:56:19 AM PST by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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