Vid at link
BOOYAH! I love it, he FINALLY forced the cop to admit that he had no grounds for stopping him and made the cop let him go with his gun.
Most cops are ignorant of the law, but worse, they are generally cops because they have a chip on their shoulders. At least in this case the cop remained calm and was willing to carry on a conversation with the law student. In a lot of places, if the student had “failed the attitude test” he would’ve been subdued, handcuffed and run in.
However, not good to carry any handgun openly anywhere especially in this day and time unless one is an officer. Just not wise.
One of my daughters starts law school in the fall, I hope she grows a pair as big as this dude.
A few things: first of all, be very aware that this situation could have quickly “Rodney King’ed”, not just over the gun, but of video recording the police officer. While he might be completely in the right, and would win a big settlement in court, he still might end up in the hospital.
For this reason, the best education you can give a police officer is before such incidents happen in the first place.
Remember that a lot of the gun liberty laws are brand new for everyone, and while LEOs are supposed to be up on the law, in truth they are more like feline predators, looking for something to pounce on. And then figure it out after. It is in the nature of the job.
Once the police are used to the idea of the new gun liberty laws, when they got a call from some hysteric of “a man with a gun”, they would have explained the situation to them, instead of confronting the gun holder.
But it will take a little while.
In a place not used to open or concealed carry, it is not a bad idea to give the managers of businesses you frequent a one page handout to show to their employees, giving a little instruction instead of unintentionally causing a fuss because they don’t know.
The best result is, “Oh, he comes here now and then. He carries a gun. No big deal.”
Not too long ago, the cop would have clubbed the kid, took his gun, and arrested him for disorderly conduct and maybe even assault on an officer.
That has changed now that everything gets recorded on video.
Which is why cops hate being recorded.
Nice job! Glad he won. He should get a ‘A’ for some class in law school!
It is too bad they don’t teach the police the law, too, but I do commend the cop for keeping cool.
Of course, the cop might have known the law and just used the typical cop language and power attitude to try to intimidate the guy. The way he gave up indicates that might be the case.
If the cop was on roids the cop might have shoved the guy’s face through the sidewalk. “Screw the law, em-effer! One more word out of you and you’re dead!”
Man, we should write down the kid’s script, print it up on cards, and hand it out to all CC folks. NRA, get on this project, pronto!
If the illegal stop cut into his schedule and cost him money then he has a TORT against the officer, and since illegally stopping people isn’t part of his duties I’m pretty sure simply having a badge would provide NO defense against a tort claim.
Kid should sue him for $100, for practice, I think.
ping
For later
For later
DeBerry v. US. I MUST remember that one.
http://caselaw.findlaw.com/us-7th-circuit/1027378.html
JoMa
Police can try a consensual conversation...perfectly justified in doing so. Hopefully the carrying party understands the dynamics in play and not be a di@@ about it. If the carryer insists on leaving, without any reasonable suspicion, police must let them walk.
Good thing the student wasn’t walking a dog.
The most instructive point here is that the officer repeatedly dodged the question of whether simply carrying a gun was illegal. He literally had a “papers, please” mentality.
Good primer on how to deal with a stop like that. Bookmarked.
Happened in portland maine.
The video was removed.
Anyone know where else it might be?