Open carry story

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It takes a lot of guts to assert our rights at times these days


i disagree its safer than it ever was. video cams and the internet make it that way.
 
Another thought. Don't the police have to see you carrying to charge you for it? From what you said they never saw it for themselves, not that it would be real hard to figure out but still.

It does sound like a bogus situation; however it is still very serious. Do every thing you can to protect your self in court.
 
wow, a 19 year old kid open carries into a movie theater. You got big brass balls, I give you that kid. I look forward to hearing about your case. Not knowing your state law, I can't comment, but you win the "huge brass ones" award for 2008 in my book. I will tell you this, i I were to pull that stunt I would have an actual copy of the state law on my person to show the police et al knowing full well I would be arrested regardless of the state law.
 
If the officer tells me to give him the keys to my vehicle, I will. That doesn't mean I consent to the search; I followed his order. He may want the keys to keep me from leaving.
Also, if I am under arrest, the police can do an inventory search, to catalog anything so that the owner can't say something was stolen when it wasn't there to begin with.

lawson4
 
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Hey, if he didn't see the sign, he should not be charged IMO... He complied and removed it from the premises. Does that mean that he can't go to a movie there?

I think it shoud be thrown out completely!
 
In these times of rampage shootings I do not blame anyone for being very cautious when someone unknown comes in OC. OC is generally legal in my state, but I would not go to the local mall OC. There would likely be some people upset and call the police. The mall management has a responsibility to have folks at least think they are relatively safe, as does a theater manager.

What have I gained to have the law detain me, and people frightened from recent shootings? Have I advanced the cause of the 2nd? I think not, and have had a bad day as have others. I also suspect that "no carry" signs would suddenly appear.

I usually usher and sit at the back of my local church. If someone came in that I did not know OC I would stop them, and ask that they leave their gun in the car. There are too many people who have an axe to grind at someone or the church in general to permit OC by someone unknown to us.

I would not OC myself, as it would surely be distracting to someone, and folks come to church to worship, learn, and serve. They do not need a distraction, and the kids do not need to be wanting to see or handle the gun or to point to the wearer.
I have stated elsewhere that I do not consider the average person with a CCW sufficiently skilled to shoot inside the church, and could make the same statement about the mall. I do not think that CC should be prohibited in the mall, or in the church assuming that the person is considered mature and skilled enough to engage in a shooting

I am not going to get into the church carry discussion here, as other threads have addressed that subject, but just want to give examples of where and why I consider OC unwise in today's environment.

Many things are lawful, but putting them into practice does not necessarily mean all will turn out right.

Regards,
Jerry
 
wow, a 19 year old kid open carries into a movie theater. You got big brass balls, I give you that kid. I look forward to hearing about your case. Not knowing your state law, I can't comment, but you win the "huge brass ones" award for 2008 in my book. I will tell you this, i I were to pull that stunt I would have an actual copy of the state law on my person to show the police et al knowing full well I would be arrested regardless of the state law.
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When I was 20 I open carried into a police station and then a fuddruckers. *shrugs*

Lawyer up kid.
 
Rather than edit, I want to make this a separate post.
In our society almost everyone is determined to assert his rights. However, too many do not want to consider their responsiilities.

To further our 2A rights we do not need to take an "In your face" attitude. That is not a responsible way to proceed. We CC to both protect ourselves, and others as needed and practicable. In cities where many people are not familiar with and are even afraid of guns it is unwise, in my opinion, to do things which are likely to cause a problem, even if we are right. Again, in my view OC is such a right that should not often be practiced.
I have a right to do it, and also have a right and a responsibiliy not to exercise that right when I think it is unwise.

When I go to the range, a buddy and I often stop by a truck stop and have a sandwich. We do not remove our guns, and no one notices. When we conduct a class at noon we go to a hamburger place and again wear our guns. In this case, the two primary instructors wear a uniform and that does help.

I suspect I will get flak for my views, but so be it.

Regards,
Jerry
 
I think you're going to get popped for something anyway. I can't see the "negligent carrying of a concealed firearm" holding up in court. You were NOT negligent and you were NOT carrying concealed. If this goes to court, that movie theater employee will be subpoenaed and have to testify under oath. He will have to state that your firearm wasn't concealed. If it were, how would he have known about it in the first place? You weren't negligent because you weren't brandishing or anything. However, right or wrong, I think you'll get busted for "disturbing the peace" or "alarming the public" or something like that. This can be substantiated because movie guy actually got the police involved so he (or any other patron that saw you) can say he was "disturbed" or "threatened". Open carry is legal technically legal in my state (CT) because there's not a law specifically banning it. However, no one would ever try it because under the state FAQs regarding carry, it says one should make every effort to keep it concealed. The vague thing is who defines "should" as that's not an absolute or even written into law. The FAQ also states if the po-po gets called (and they will in this liberal hell hole), you CAN be charged with "disturbing the peace" or something similar and your pistol permit is subject to revocation. You were bold, complied with the law, but, unfortunately, I think you're going to get burned on something. You're braver than I am, for sure. I know we need to further our 2nd amendment right, but I'm not going to be the test case for open carry in CT!

This is sort of like how it's not illegal to yell, but yelling in certain circumstances will get you arrested for "disturbing the peace". That act, in and of itself, isn't illegal, but the ensuing circumstances are.
 
I'm just going to comment on one thing.

As I'm sitting on the curb as they ordered, and they start to pass around my Beretta PX4 Storm (admiring the sights) and pistol-grip Mossberg 500, they ask me one by one, "what were you thinking carrying a gun?"
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This is the point at which, beyond asking if you are being detained, and stating that you would like legal representation, you KEEP YOUR MOUTH SHUT because it's already crystal clear what that particular group of cops think about you and "your rights".

(To be fair, I do find myself wondering how I'd have responded to such a situation back in my LE days)
 
It may be worth it to hire a lawyer- a little money spent now might save you grief later.
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THIS IS AN ENORMOUS UNDERSTATEMENT! (Yes, I intend to be yelling.)

Ten years from now, I guarantee that you will be very glad you spent whatever was necessary to win this case (or will wish you had).
 
Comfortador, were you wearing a jacket by any chance? If so, and the pistol was partially obscured, it is possible that they could make the concealed carry charge stick. Please come and discuss this over at http://www.bayoushooter.com/forums; the posters there are all from Louisiana and may be able to help you with the legal repercussions you might be facing.

For the record (for those of you who don't live here), Louisiana is an open carry state. It is also perfectly legal to have a gun in your vehicle, even in "no gun zones", by virtue of the fact that your vehicle is considered an extention of your home.
 
OC is rarely a good idea. Guns make people nervous, and make people around you act differently, and not just people who are unfamiliar with guns. OC is legal in my state, but I wouldn't do it unless I were in a rural area anyway, it just invites problems. Also, I wouldn't advertise that I were carrying if I were. This is not my advise to anyone, just my own opinion on it. I know of people who OC, I just don't see any reason to do so over CC.

As far as the charges are concerned, I couldn't tell if it was a misdemeanor or felony. LA. has a unique legal system as well, so I don't know what the procedures are, like if you have a preliminary hearing or not, etc.

There's nothing wrong with a public defender, either, they are actually often very competent where I work, and often have good relationships with the courts and the prosecutor's offices because between the prosecutor and the public defender, they handle the majority of criminal cases in metropolitan areas. A private attorney will likely have more time to discuss the case with you, but this doesn't necessarily affect the outcome.

At any rate, the state still has to make all the elements of its case. You don't have to prove anything. Work with your attorney and keep us posted.
 
Let's just throw our fellow THR member under the bus for carrying a gun.

As long as I can get my concealed weapons permit who cares about anyone else!

How dare he prepare himself for violent criminals!!!

Doesn't he know that sheep don't like guns!!!

His right to bear arms SHALL be infringed. The Constitution is just a silly piece of paper. It is void when people get scared and Cops don't like somebody!

:rolleyes::banghead:
 
You know, many of the above posts make the entire Gun Community look bad.

Why do so many get off on throwing one of our own under the bus?
I have no answer, but it makes us look about as mature as a bunch of 5 year olds.

If we want RKBA to still exist in the near future, things like this need to stop post-haste.

It's times like these that I almost feel ashamed to be a member of THR.
 
Hey, it's not illegal to walk around wearing a Hitler mask, either, but expect some hassles from people that aren't used to seeing that, makes them uncomfortable or think it's "wrong". Same as OC. Most people aren't used to seeing it, it WILL make some uncomfortable and many will think it's "wrong" because ordinary people shouldn't be allowed to have guns in public. Sucks? Yes, so be prepared for confrontation/resistance when OC in the general public. :rolleyes: Thankfully, we have the means to carry however we want.
 
comfortador,
The fact that you have apparently done nothing illegal has nothing to do with what will happen in court.

There will be a legal professional there, someone very familiar with that judge, doing his/her best to convince said judge that you are a criminal and need to be punished. If not punished for the original crime you were charged with, certainly punished for some lessor charge.

The low-paid court appointed lawyer will likely advise you to plead guilty to some minor crime. You would then have a gun-related criminal record. I strongly advise against going this route!

"You know what's worse than an expensive lawyer?"
"I don't know... What's worse than an expensive lawyer?"
.
.
.
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"A cheap lawyer. Most especially a cheap lawyer that ends up costing you a clean record."
 
I don't know if anyone thinks I'm throwing someone under a bus, but I'm not. I just said what I think, without giving advise or preaching how people should handle themselves or carry weapons.

OC is legal in my state, and in my state, the right to carry or have guns is hardly under imminent threat, regardless what the result in Heller is. In fact, in my state the laws are becoming less restricitve over time. Where I live most of the time, though, OC may put me in more danger than CC, it just doesn't make sense for ME.

I'm not a constitutional warlord for the 2d am. I am an attorney, however, and I make wise decisions about what I do based on what I know. I don't have the time or energy to become a test case for OC laws, and I don't have an in your face attitude about the fact I have guns, enjoy shooting them, or may employ one to defend myself if necessary for the same reason I mentioned above as to why I don't OC. If someone else wants to try it out and see what happens go for it. The problem is, as someone mentioned earlier, you may end up with a weapons related conviction on your record and you can look forward to recieving the guns you want to buy as "gifts", not getting a CC license, or losing it if you have one.

Just my $0.02.
 
So, which theater was it? Clearview, Elmwood where?

Hire an attorney! Do you own a mini-van? Was it yours to give consent to search?

What police Department cited you?

Get over to www.bayoushooter.com/forums/index.php so we can help you with this you might even get $1000 towards your legal bills if you are charged with disturbing the peace which is where I see a DA possibly going with this.

With the recent curfew at Clearview Mall which is 4pm for those under 17 I thought about OCing there just because of the large police presence that is there to see what happened.

Good luck.
 
sonyhoppes: Hey, it's not illegal to walk around wearing a Hitler mask, either, but expect some hassles from people that aren't used to seeing that
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Yes, but wearing a Hitler Mask won't get you thrown win the greybar hotel or get you potential criminal charges.

That's where your comparison is severely lacking and is not really applicable.
 
Zedicus, my analogy was VERY relevant. If that person wearing a Hitler mask causes a "pubic disturbance" as, apparently, the OP's open carrying did then you CAN be arrested and I'll bet that's what they are going to get him on. Also, when you quote, quote the whole damned thing and do NOT pick and choose what you want out of context. :fire: What do you not understand about the bolded part below? Is there anyway I can make it easier for you to understand? :rolleyes: Since the OP was carrying LEGALLY, he shouldn't have been arrested at all just like it's LEGAL to wear a Hitler mask. However, if someone sends for the police in EITHER event, that person can be arrested for "disturbing the peace" or the like.

sonyhoppes said:
Hey, it's not illegal to walk around wearing a Hitler mask, either, but expect some hassles from people that aren't used to seeing that, makes them uncomfortable or think it's "wrong". Same as OC. Most people aren't used to seeing it, it WILL make some uncomfortable and many will think it's "wrong" because ordinary people shouldn't be allowed to have guns in public. Sucks? Yes, so be prepared for confrontation/resistance when OC in the general public. Thankfully, we have the means to carry however we want.
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calm down, no need to have a meltdown.

I was just pointing out that the likelihood of what you said is much much less than for OC.

Geez...
 
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