Open Carry

[txinvestigator]

Open carry...........all for it. Don't know if I would or not, but for many of the reasons above, I don't like worrying if someone catches a "peak"..............
Craig

Again, why do you worry about that now?

 

[uncle Joe]

I won't forget Ft. Hood anytime soon!
It would depend on where I am or where I'm going or what I'm wearing if I carry open or concealed. I never leave home without carrying anyway (concealed) but if I was
carrying open, I would hope every wannabe muslim gets his/her eyes full. I recently
watched a video on Switzerland and their take on guns, serving their country and
retaining their weapon when mustered out. It did not matter auto or full auto, they
have the lowest crime rate in the world for a reason. I'll try to keep Perry in office.
Heard about Medina, liked and disliked for various reasons, but like others have stated, she don't have a chance. Kay is weak on the border, likes bridges to nowhere and appears too soft on my issues. Enjoy reading your posts, informative and even funny at times. Glad I joined up.

 

[APatriot]

I do not support Open Carry. Why do we wish to advertise? Why would we wish to aggravate the potential of someone "going for" the weapon? More importantly, what purpose would an open carry achieve?

 

[randmplumbingllc]

I do not support Open Carry. Why do we wish to advertise? Why would we wish to aggravate the potential of someone "going for" the weapon? More importantly, what purpose would an open carry achieve?

I would answer question but it has already been answered way back when this thread started. I will just touch on the fact that it is my CONSTITUTIONAL RIGHT to keep and BEAR arms. Some people can't afford to take a CHL class. Those are just a couple of reasons. There are lots more.

You let the left keep eating away at your rights and we will end up like Commiefornia or the peoples republic of Illinois. Heck. Cali even allows open carry. Just can't be loaded.... DOH !

 

[randmplumbingllc]

Sorry to thread jack but does anyone know if it is legal for anyone (legally able) to open carry in NM or is it only NM residents/citizens?

For example, I live in El Paso but shoot in NM sometimes and just want to know whether I can open carry in NM or if only NM residents can.

Yes, open carry is legal in New Mexico for all law abiding people that can legally own a firearm, with some exceptions, I am sure.

 

[eriadoc]

Again, why do you worry about that now?

Not to answer for the guy you're asking, but I worry about it because it's a potential hassle. "You can beat the rap but not the ride" kind of thing, depending on who you happen to run into that day.

 

[txinvestigator]

Not to answer for the guy you're asking, but I worry about it because it's a potential hassle. "You can beat the rap but not the ride" kind of thing, depending on who you happen to run into that day.

What "ride" are you talking about? if you are afraid of getting arrested for not doing something illegal, then you should not carry a gun at all.

 

[Shorts]

What "ride" are you talking about? if you are afraid of getting arrested for not doing something illegal, then you should not carry a gun at all.

I think he's got a general point. Whether or a not a person will be convicted of doing anything illegal isn't decided upon until after they are arrested. My husband and I have had the conversation that whether what you're doing is legal or not, it's up to the officer if he's taking you in. And arguing with said officer on the side of the road or where ever you are isn't where your case should be presented. If he's arresting you, you go.

So, what happens to a person, a CHLer who is carrying at the time they are arrested? What happens to the CHL status? Does the gun get confiscated? How do you get it back if it is?

People can be arrested and released at the station later when it is determined they weren't doing anything illegal. It has happened.

Humor me. What is the process on the CHLers end if this does happen?

 

[txinvestigator]

I think he's got a general point. Whether or a not a person will be convicted of doing anything illegal isn't decided upon until after they are arrested. My husband and I have had the conversation that whether what you're doing is legal or not, it's up to the officer if he's taking you in. And arguing with said officer on the side of the road or where ever you are isn't where your case should be presented. If he's arresting you, you go.

So, what happens to a person, a CHLer who is carrying at the time they are arrested? What happens to the CHL status? Does the gun get confiscated? How do you get it back if it is?

People can be arrested and released at the station later when it is determined they weren't doing anything illegal. It has happened.

Humor me. What is the process on the CHLers end if this does happen?

#1. I think you missed my point. Carry a handgun, generally, is illegal. There are 6 or 7 "exceptions" when the law proscribing the carry of handguns does not apply. One of those is a person with a CHL.

The law requires that person not INTENTIONALLY fail to display the handgun.

There would have to be two errors for you to get arrested for an inadvertent or unintentional display of your handgun. The officer would have to not know that the display would have to be intentional, AND the officer would not have to understand one of the first things he is taught; he cannot arrest for most misdemeanors NOT committed in his presence or view. (family violence being the exception).

That assumes some soccer mom saw your gun and got scared and called you in.

So if you are sooooo afraid that could happen, should you not also worry some cop will arrest you just for UCW even if you have a CHL because he does not know that law either?

Either way, it is not a valid argument for open carry.

To answer your question, if you ever are arrested and are carrying, but released before you are booked, then you would probably get you property back then and there.

However, each department has a different procedure.

 

[Shorts]

#1. I think you missed my point.

[snip]

To answer your question, if you ever are arrested and are carrying, but released before you are booked, then you would probably get you property back then and there.

However, each department has a different procedure.

I didn't miss your point per say, I just wasn't addressing it. The posts from yalls interchange sparked the question I asked you.

Just things you might not think about until you're in a situation. Curiosity is all. Thanks.

 

[eriadoc]

What "ride" are you talking about? if you are afraid of getting arrested for not doing something illegal, then you should not carry a gun at all.

The "ride" is simple. Some freaked out lady at the grocery store sees you're carrying a gun in suburbia and calls the cops. They come out too check it out and you have to stand around and deal with it for a half hour. You run into a cop on a bad day and there's no telling what goes on. You run into a cop that simply doesn't know the law and it can be a hassle (see the Parma, OH Open Carry incident). I don't break laws, and the only thing I have to worry about are cops that act out. It happens. I'm sure you may take exception to that statement, but that's the way it is.

 

[txinvestigator]

The "ride" is simple. Some freaked out lady at the grocery store sees you're carrying a gun in suburbia and calls the cops. They come out too check it out and you have to stand around and deal with it for a half hour. You run into a cop on a bad day and there's no telling what goes on. You run into a cop that simply doesn't know the law and it can be a hassle (see the Parma, OH Open Carry incident). I don't break laws, and the only thing I have to worry about are cops that act out. It happens. I'm sure you may take exception to that statement, but that's the way it is.

I'll make it easy; show me ONE incident in Texas where a person was arrested or even hassled, or even had to stand around for a half hour.

In fact, on Glock Talk I read of a guy who had a similar incident a store. Police asked him if he was armed, he said yep, showed his CHL, and they asked him to be more careful. It took all of 5 minutes.

It is just not an issue. I am sure you take exception to that statement,m but that's the way it is.

Again, why carry if you are skeered of the police?

 

[RPB]

I'll make it easy; show me ONE incident in Texas where a person was arrested or even hassled, or even had to stand around for a half hour.

In fact, on Glock Talk I read of a guy who had a similar incident a store. Police asked him if he was armed, he said yep, showed his CHL, and they asked him to be more careful. It took all of 5 minutes.

It is just not an issue. I am sure you take exception to that statement,m but that's the way it is.

Again, why carry if you are skeered of the police?

But we aren't talking about CHL (concealed)

True, "why carry (openly) if you are skeered of the police?" well, it also gives one the opportunity to file a lawsuit (which was done) for things like this, if you want to go through all that to do it:

These of course are NOT Texas laws they are discussing, like producing ID etc., but only to illustrate that there's an education lag of time during the process, someone needs to do it, as tactfully and politely as possible, if we get ever open carry..... If it were me, I'd not be calling them Nazis etc., but rather de-escalate the situation rather than try to get a Police Officer's adrenaline up.

YouTube - Cleveland Heights Ohio Gestapo NAZI Police Order Citizen to Ground at Gunpoint For Open Carrying

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JOSEPH PONIKVAR Jr. ) CASE NO. 1:09-cv-2621)
)
Plaintiff )
) JUDGE:
-vs- ))
THE CITY OF CLEVELAND HEIGHTS )
40 SEVERANCE CIRCLE )
CLEVELAND HEIGHTS, OH 44118 ))
C O M P L A I N T
and ) (Jury Trial Demanded)

or

YouTube - Open Carry Legal in New Hampshire?






I'm no lawyer

 

[Dawico]

When you go out looking for trouble, you will probably find it. These guys may be within their legal rights, but it is obvious they want to be violated in some way. Arguing and being confrontational with LEOs is not a good idea, whether you are right or wrong.

 

[RPB]

When you go out looking for trouble, you will probably find it. These guys may be within their legal rights, but it is obvious they want to be violated in some way. Arguing and being confrontational with LEOs is not a good idea, whether you are right or wrong.

I agree that they went looking to get noticed maybe, but it could happen while walking to your car, in a park with the kids, or inside a mall, or anywhere, until everyone becomes aware of an open carry law, assuming one ever passes here..... just sayin' watch out during the time lag, if we ever get it passed. I got "pulled over" at about 12 or 15 years old in about 1969 for walking down the street with a BB gun that looked like a 1911, and an officer just happened to be driving by. I'll bet they'll stop and ask you, no one has a permit tatooted on their forehead.. There'll be a learning curve period of time before it becomes "normal" and they'll still probably ask, because they have no way of knowing what's in your wallet. I'd be a whole lot nicer to them though.

Personally, I doubt I'd open carry at all, except when I'm out at the lake fishing and watching for rattlesnakes, or out on my kayak fishing and watching for rattlesnakes, and gun with snakeshot more accessible, and a game warden might "pull me over" but I'd be legal then.

 

[Shorts]

When you go out looking for trouble, you will probably find it. These guys may be within their legal rights, but it is obvious they want to be violated in some way. Arguing and being confrontational with LEOs is not a good idea, whether you are right or wrong.

Elaborate please

 

[Dawico]

They just seemed to want to get beat down or wrongly arrested or something. On the second video, when "bystanders" approach officers who have a person stopped for questioning, it just asks for trouble. Both the guys in the second video were being aggrivating and annoying, but the officers did a good job of being professional.

 

[Shorts]

They just seemed to want to get beat down or wrongly arrested or something. On the second video, when "bystanders" approach officers who have a person stopped for questioning, it just asks for trouble. Both the guys in the second video were being aggrivating and annoying, but the officers did a good job of being professional.

Ok, so they deserved it.

 

[Dawico]

I guess I don't understand, are we arguing about something?

I was just commenting on how the guys had cameras and phones, and had the attitude of "you will not violate me." When people have that attitude, they seem to find the smallest little thing as a violation of their civil rights. Maybe the officers were not aware of the open carry law or whatever, but I did not see anything wrong with their actions. The guys carrying just had a negative attitude toward answering some questions.

 

[Shorts]

I guess I don't understand, are we arguing about something?

I was just commenting on how the guys had cameras and phones, and had the attitude of "you will not violate me." When people have that attitude, they seem to find the smallest little thing as a violation of their civil rights. Maybe the officers were not aware of the open carry law or whatever, but I did not see anything wrong with their actions. The guys carrying just had a negative attitude toward answering some questions.

No, we're not arguing. Just wanted to hear what you thought.