Open Carrier Has Police Confrontation (NC) - Page 5

**JayC** · 11-01-2009, 07:28 PM

I won't disagree with you that somebody has been charged in this way, but I can't find a single case of conviction in TN for DOC of a HCP permit holder, are you aware of a single case that the DA even tried to move forward, or are the charges getting dropped shortly afterwords?

DOC is a bad law to begin with and we'd do well to get it remove by the legislature.

Quote:

Originally Posted by TMMT

In Tennessee (especially Nashville) you can go to jail for LAWFULLY carrying both open and concealed.

Metro will charge you with DOC (Disorderly Conduct) in a heart beat if someone sees your gun, panics and calls the police.

Their justification to the Judicial Commissioner for granting the warrant, usually flows along the lines of you creating an offensive situation that caused such an alarm in public, the police were called.

Since you (the arrested one) can't give refuting testimony to the JC during a warrant hearing your at the mercy of the cop who just decides to arrest you and how ever he/she decides to paint the situation.

I've seen it happen first hand while down at CJC securing warrants for my cases and I even asked the officer if the guy had a permit to which he responded "yes, but he still freaked everyone out with his gun".

So you takes your chances when you carry...

**TMMT** · 11-01-2009, 08:49 PM

I can't imagine any DA in his or her right mind allowing such a case to move forward. I was just relating an actual arrest and warrant hearing that I witnessed while awaiting my turn in front of the JC.

**Hotshot** · 11-01-2009, 09:16 PM

Quote:

Originally Posted by GLOCKMEISTER

yea, I guess were both weird.

Me too. Who needs it.

**mk19** · 11-02-2009, 11:52 AM

Even in Ca one of the most anti gun states they are not doing DOC for people and their guns. When the dispatch recieves a call of a person with a gun they ask what is that person doing with the gun, if the answer is it is in a holster on their belt, then it is just that. An officer would show up to check the but nothing more no arrest or anything unless a law is being broken.

**redfsr** · 11-02-2009, 11:57 AM

Quote:

Originally Posted by Swamprunner

USMCJG, not A PHONE CALL, BUT A NEXTEL 2-way. You see, that is done so it doesn't show up on the tapes.

That was actually his police radio. They churp like that when you key up the radio. Similar to a nextel but not quiet. I don't see the validity in that accusation anyway that it would keep it off the records. Doesn't really matter. He wasn't as professional as he could have been but I think he handled it pretty well especially since the guy filming comes across as a major d**khead.

**Fallguy** · 11-02-2009, 12:11 PM

Why was the guy a d***head just because he didn't want comply with a request he didn't legally have to?

**Kelemvor** · 11-02-2009, 12:54 PM

Quote:

Originally Posted by Fallguy

Why was the guy a d***head just because he didn't want comply with a request he didn't legally have to?

Because we live in a society where the status quo is to blindly obey authority figures even if they are acting outside their authority. I mean why wouldn't you do what an leo says? We're trained from youth to comply.

**redfsr** · 11-02-2009, 01:30 PM

He was being a d**khead period. He was argumentative and clearly wanted a confrontation. As the officer walks away to check on the law (as we all assume) he follows behind asking numerous times if he was being detained or arrested. The guy simply wanted attention. I believe he wanted more attention than he got from this officer but attention nonetheless.

Is that the kind of person you want setting an example as an open carrier? I hope not.

**USMCJG** · 11-02-2009, 03:47 PM

Quote:

Originally Posted by redfsr

He was being a d**khead period. He was argumentative and clearly wanted a confrontation. As the officer walks away to check on the law (as we all assume) he follows behind asking numerous times if he was being detained or arrested. The guy simply wanted attention. I believe he wanted more attention than he got from this officer but attention nonetheless.

Is that the kind of person you want setting an example as an open carrier? I hope not.

Who did you find to be more argumentative and confrontational, the officer or the citizen? Would you define this officer as a d***head? It seems clear to me that the officer initiated and escalated the confrontation while trying to intimidate the OCer. And then he even went so far as to make up his own laws on the spot. I would consider that to be d***ish behavior.

I don't have a problem with this guy as an example for open carriers based on what is in this video. He may not have obeyed the officer, but he knew and obeyed the law. And he stood up for his rights.

**TMMT** · 11-02-2009, 03:59 PM

I agree, the video guy knew his rights and the NC law, which it becomes evident as the video rolls on, the officer didn't and retreated to a cellphone call (most likely) to get clarification.

Again I fault the state for failure to train its peace officers adequately. How can one be expected to enforce the law if they do not know the law?

11-02-2009, 11:52 AM	#44 (permalink)
mk19 TGO Member Joined: Jun 2009 Where: Antioch Age: 32 Posts: 273	Even in Ca one of the most anti gun states they are not doing DOC for people and their guns. When the dispatch recieves a call of a person with a gun they ask what is that person doing with the gun, if the answer is it is in a holster on their belt, then it is just that. An officer would show up to check the but nothing more no arrest or anything unless a law is being broken. __________________ Sgt USMC OEF & OIF Vet. NRA Certified instructor

11-02-2009, 12:11 PM	#46 (permalink)
Fallguy Citizen Super Moderator Joined: Nov 2007 Where: Milan, TN Age: 42 Posts: 6,044 Blog Entries: 1	Why was the guy a d*head just because he didn't want comply with a request he didn't legally have to? __________________ TGO Super Moderator** "Because when seconds count, the police are only minutes away.” "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson Member of Motorcycle Enthusiast, Glock Owners & Christians TGO Social Groups

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11-01-2009, 08:49 PM	#42 (permalink)
TMMT TGO Member Joined: Sep 2009 Where: Nashville Posts: 195	I can't imagine any DA in his or her right mind allowing such a case to move forward. I was just relating an actual arrest and warrant hearing that I witnessed while awaiting my turn in front of the JC.

11-02-2009, 01:30 PM	#48 (permalink)
redfsr TGO Freshman Joined: Aug 2009 Where: Nashville, TN Age: 34 Posts: 30	He was being a d**khead period. He was argumentative and clearly wanted a confrontation. As the officer walks away to check on the law (as we all assume) he follows behind asking numerous times if he was being detained or arrested. The guy simply wanted attention. I believe he wanted more attention than he got from this officer but attention nonetheless. Is that the kind of person you want setting an example as an open carrier? I hope not.

11-02-2009, 03:59 PM	#50 (permalink)
TMMT TGO Member Joined: Sep 2009 Where: Nashville Posts: 195	I agree, the video guy knew his rights and the NC law, which it becomes evident as the video rolls on, the officer didn't and retreated to a cellphone call (most likely) to get clarification. Again I fault the state for failure to train its peace officers adequately. How can one be expected to enforce the law if they do not know the law?