Posted on 01/20/2016 9:14:14 AM PST by marktwain
A pistol carrier in Connecticut was asked by a police officer to produce a permit. He asked the officer what the reason was for the officer asking for the permit. The officer replied with an expetive. From fox61.com: Brown told FOX 61 what happened next: "Well, you have a gun. So then he said, 'do you have a permit?' And I'm like why? He said 'because I (expletive) said so." But, according to the newly written law, police may only request a permit if there is reasonable suspicion of a crime.
The officer did not arrest or detain Brown.
I did some research into Connecticut law, and I did not find any recent change in the statutes about requirements to show a permit on demand. The law only says you have to carry the permit with you. If there was a change in the statute, I did not see it. There have been some recent court cases. Some lower courts have ruled that simply possessing a firearm is not reasonable suspicion of a crime, so a person may not be detained on that basis. From ctcarry.com:
(Excerpt) Read more at ammoland.com ...
The police can ask you for a permit if a crime is reasonably suspected. Mere possession is not sufficient reason.
If they suspect you of a crime, they should detain you until the facts are settled. If you’re ever stopped by a law enforcement officer on the street, the only words out of your mouth should be, “Am I being detained, or am I free to go?” If they detain you, ask for a lawyer and don’t say a word. Otherwise, keep walking. This goes for carry as well.
I’ve had nothing but pleasant interactions with LEOs in my local area, but that doesn’t mean there aren’t bad apples.
Don’t talk to the police, even if you believe you are 100 percent innocent
Video here:
https://www.youtube.com/watch?v=d-7o9xYp7eE
This kind of intimidation doesn’t only apply to guns. It’s pretty much everywhere a “license” is involved.
-If you’re garish enough to sell cigarettes, you get inspected routinely for tax stamps.
-If you’re a truck driver, you are open to getting your vehicle searched at weigh scale stations.
-Police can check your truck’s gas tank too, for using “red diesel”.
-If you drive a car, some states routinely stop folks for “driver’s license checks”.
-If you dare to fish, a game warden can come over and check out your stuff (and license).
I think they get away with this because such license applications typically have disclaimers indicating your are submitting to search a priori as a condition of the license.
Sort of like how TSA makes airports say the personal search of your genitals is condition of flying.
As more and more states question the reasoning behind checking licenses for simply carrying, I’m hoping this will fan out to everywhere else the 4th amendment is being routinely violated.
He's in the right, but he's lucky he didn't receive some stick time.
I can’t wrap my head around the need for a permit at all, for open carry.
Not a good idea to do that. The beef is with the governor and the legislator, not with the officer.
Gov likes to require “licensing” under the premise that they have the constitutional authority to regulate.
That is legally correct and how they get away with it, however, this particular gov power is abused 99.99% of the time.
Shouldn’t need a permit to carry, open or not, just like you don’t need a permit to vote.
“, “Am I being detained, or am I free to go?†If they detain you, ask for a lawyer and don’t say a word. Otherwise, keep walking. This goes for carry as well.”
YES!
“I’ve had nothing but pleasant interactions with LEOs in my local area, but that doesn’t mean there aren’t bad apples.”
Me too, except for one shaved headed, jack-booted prick(a newbie) who thought he OWNED my constitutional rights. That same prick no longer works for my local police. Just a coincidence : )
“Shouldn’t need a permit to carry, open or not, just like you don’t need a permit to vote”
That is very well put. There is legal precedent against reading tests, poll taxes, or other qualifiers on voting. Why wouldn’t it apply to bearing arms.
If you already have, thank you.
I can't wrap my head around the government's authority to pass ANY "gun control" laws.
My personal ‘favorite’:
‘Voluntarily’ giving up your 4th/5th A. Rights to when one files tax returns.
Hell, I’m still trying to noodle out how a State can give a drivers license to an illegal invader. Are they going to get insurance, NOT DWI/DUI, comprehend the ENGLISH signage, etc. while on the lam from deportation (which the State JUST abetted)?
Let’s not confuse the two: the 2nd specifically stated non-infringe, voting...no so much noted.
Though, I too have an issue w/ the Right of travel vs. drivers license (I’m not a ‘driver’ [chauffeur]); and the ‘test’ for a license is a joke (too many bad, young AND old).
It’s been my contention we should pass a law to implement the same conditions we have on the 2nd to voting AND abortion.
But, since the Left know no hypocrisy, it would quickly go no-where.
Now, where is my 14th Amendment lawsuit to ensure that Constitutional Carry is the Law of the LAND, ala ‘gay marriage’?!
This is....Arrested Development.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.