Cops Taking Your Gun.

[Irishcs05]

Sorry that was ambiguous.

I should have said the cop can't see whether or not you have a driver's license therefore no RS or PC to stop just anyone driving down the road.

But it seems you want it both ways (which is where court precedent comes in.)

You say: "If you open carry, PC is achieved on sight, and the officer can require license verification."

However, you also say: "If you drive down the road, no PC is achieved."

When in reality doing both those things (driving and carrying a handgun) are illegal unless licensed.

Why is one different than the other?

 

[Irishcs05]

The supreme court has ruled that a license check cannot be a reason for a traffic stop.

Right. So now we just need a SC ruling saying that OC is not reason for a LTCH check.

 

[Rookie]

In a perfect world, we wouldn't need a license to carry. We aren't in that world and I doubt we would ever see a ruling like that.

 

[Irishcs05]

In a perfect world, we wouldn't need a license to carry. We aren't in that world and I doubt we would ever see a ruling like that.

I think we could see it, and I could see Scalia writing the opinion.

Driving on public roads is not a write codified in the constitution, and keeping and BEARING arms are.

Bearing is not definitive on OC/CC, so I would think either is protected.

 

[KG1]

It just doesn't make sense that both are illegal to do without a license but only one is considered to have RAS upon sight as the default.

 

[Rookie]

The other WAS RAS until SCOTUS ruled on it.

 

[KG1]

The other WAS RAS until SCOTUS ruled on it.

That's why I'm saying based on that ruling that it doesn't make any sense.

 

[Rookie]

The problem is that the ruling was very specific to traffic stops.

 

[IndyDave1776]

The problem is that the ruling was very specific to traffic stops.

While you are correct, it doesn't change the underlying problem of those who would usurp authority ask not what is right but rather what they can get away with doing.

 

[Rookie]

You'll hear you argument from me.

 

[jgreiner]

I'd like to check your computer history.

If you have nothing "wrong" then why not let me check it out...

ROFLMAO....one of my favorite shows. But Tony couldn't find squat on a computer. Now McGee......that would be scary.

 

[Irishcs05]

ROFLMAO....one of my favorite shows. But Tony couldn't find squat on a computer. Now McGee......that would be scary.

That's not Tony. that's Chriiiiis Haaansssseeen. ("Just have a seat right here... You're here for sex...")

 

[littletommy]

No one should ever have to fear any officers or anybody that works for the government system of any kind.
I can understand that an officer wants to take away a gun for his safety.. But when you sign up for the job, you know it can be dangerous at times, but that's part of the job. I definetly would want the gun in my possession at the time, for my safety that is, but it's not whats right. And what he said about, "He's the one with the badge, he makes the call." Well he does at the moment, but a cop can get into some serious trouble if he makes a bad call. Besides, officers don't prevent crime, they respond to crime.

While you're at the academy, maybe you could ask around and find out why cops think it's a good idea to disarm someone, and fiddle around unloading and partially stripping down someones property on the side of a road, where there's a good chance someone could be in the line of fire if the cop causes a ND. The thought process involved in this really amazes me, and creates a very dangerous situation where one didn't exist. Things happen, things can go wrong, a gun can fire while being loaded or unloaded. Don't let them give you the "training gives us magical powers" bit either, we all know that's BS. I'd really be interested in hearing your findings on this particular matter.

 

[kludge]

I am still confused. Driving a car without a license is illegal. Carrying a handgun without a license is illegal. In both cases (with OC at least) both activities are visible, and in both cases the respective licenses are not visible. I fail to understand the difference that would leave a person to conclude that possession of a firearm is prima facie probable cause for a stop but driving an automobile isn't. It almost seems like having different sets of traffic laws based on what brand of car you drive.

Because the courts have ruled that you can't just stop anyone for driving a car. You have to have another reason to stop them (a violation, failure to signal, broken light, etc.).

The courts have not ruled on whether OC is PC for a stop. So until the law or the courts say they can't do it, they will.

 

[Jack Burton]

Without specific wording (like, "anyone open carrying is subject to license verification.") I'm afraid that it's up to the courts to set a precedent. I do not believe this has happened in IN yet.

Would you also agree that without specific wording such as "anyone caught doing 85 mph in a motor vehicle in a 35 mph speed zone is subject to license verification." iit s not really valid for a cop to pull you over unless the courts specifically rule so?

 

[rnmcguire]

put yourself in the officers shoes. end of story i'd take it from you and then let you load it when i leave. don't get mad if i empty your clip. and also with the number of stolen guns they may have just been running it to make sure it's clean.. and you can complain all you want.. just hope you don't live in that county. you might find yourself getting pulled over often. and if you have nothing "wrong" then why not let the officer check it out....

Are you for real?!?

 

[IndyDave1776]

Because the courts have ruled that you can't just stop anyone for driving a car. You have to have another reason to stop them (a violation, failure to signal, broken light, etc.).

The courts have not ruled on whether OC is PC for a stop. So until the law or the courts say they can't do it, they will.

I choose to assume that you are presenting this as a statement of fact and not an endorsement of the practice. It is a truly frightening thought that the guiding principle behind the decisions made by police revolves around what they can get away with.

 

[9mmfan]

Wow, I missed a lot a at work today. Seems to me Thard is just a hack who is trying to cause a stir and has in fact achieved it. Perhaps if we just ignore him he will go away once again.

Now, it's time for a beer !

 

[SnakEEater]

Don't scare him away, this is an awesome thread. So many things are demonstrated - tyranny, boobery, insight, legal manuevering, patriotism...

Mr. Herd please defend your positions.

 

[The Bubba Effect]

I really do not like the idea of people dicking around with loaded guns, taking them out of holsters, putting them into holsters, unchambering rounds, rechambering rounds, handing them back and forth on the side of the highway. If the officer insists, I will not resist him, but I really do not think it is a good idea.