SavageOne said:
Nationwide standardization would mean putting it in the hands of the Feds.
hermannr said:
There is a national standard, but no governmental entity sticks by it any more... it is "shall not be infringed"
BINGO!
The way I understand it, every state swore to accept the US Constitution as they entered the Union.
The vast majority which are infringing 2A are commiting federal crimes.
Can you cite (court case with conviction, that was upheld if appealed) one instance where a person (other than Law enforcement) has ever been convicted of committing a felony while Open Carrying a pistol in a proper holster?
I'm not a LEO, but I know there have been cases of a citizen acting in self-defense [carrying openly] who's been wrongfully convicted of murder, manslaughter, etc.
One here in WI was convicted late last year.
Search Jesus Gonzalez over on the WI forum.
Ryan said:
...the middle of the road approach would be to find ways to encourage gun carriers to become proficient... without going as far as to make it mandatory. Any suggestions on how to accomplish this?
Ask Alaska, Arizona, Wyoming, Vermont, Pennsylvania, Indiana...
(All the states with either Constitutional Carry or no training required for a cc license. There are more; those are just the ones I remember off the top of my head.)
Whatever they're doing seems to be working for them.
Ryan said:
I would be careful about not answering a simple question because it cause the officer to become more suspicious.
Again, how is the peaceful exercise of a protected civil right "suspicious" or grounds for suspicion of anything?
If it's not suspicious to wear a cross [
1A freedom of religion], or to play basketball with friends [
1A freedom of assembly], how is it suspicious to remain silent [
5A] or bear arms [
2A]?
Just take the time to inform or educate
Isn't that what departments have training officers for?
And aren't civil rights covered in whatever school makes someone a LEO?
officer don't stop people simply ruin their day
You're kinda new here... yes, in the experience of way too many people here on OCDO,
some officers do indeed harass citizens just because they think they can get away with it. When the intended victim is carrying a video &/or audio recorder, their actions frequently result in losing a civil rights suit.
Trouble is, it's impossible to tell by sight the difference between the good sort, who upholds the law & the oath s/he took, and the bad sort, which ignores them.
Had a good one last summer when my house was burgled:
"Is that a pistol?"
Yes.
"Oh. Just making sure."
And that was it.
Mind you, this was at about 3am, under a streetlight in the front of my house.
He might want to run the gun's serial number to ensure it isn't stolen, but there's nothing wrong with that
... Its routine police procedure.
If I'm doing nothing wrong there's no reason for me to let any gov't agent access, handle, "check out" any of my property.
I don't care how 'routine' it is, or if it's carved in stone in the dep't manual.
Ryan said:
Everytime I pull someone over I run the tag and registration of the vehicle to ensure its not stolen.
That's after you've already seen them doing something you think is illegal.
We're talking about the equivalent of being at the park with your kids & being forced to submit to an ID check to be sure you haven't kidnapped the kids - no RAS, no PC, just people behaving normally & peacefully in a public place.
Its a two mintue procedure that can be done without even disarming the individual...
Plain view doctrine says if the officer can view it, it does not meet the requirements of unreasonble search or seizure.
Not with my guns, & I don't care how short a time it takes to commit the crime, it's still against the 4A.
The one pistol that the serial #
could be seen while in a holster, it's covered to prevent just such a problem. No way it's in "plain sight", & if the tape is removed it's clearly & obviously a search, so there'd better be a warrant.
And the 'officer safety' line is worn to the point of being threadbare. Professionals who keep up with research in their field would know that the FBI found that criminals don't carry openly & practically never use holsters.
[
Violent Encounters: A Study of Felonious Assaults on Our Nation's Law Enforcement Officers
Pinizzotto et. al., AUG06]
Ergo, someone carrying a pistol openly in a holster is very unlikely to be a criminal.
Ryan said:
... the pawn shop is required to keep a registry of all gun sales, the officer then checks and confirms that the gun carrier indeed bought the firearm fromt he pawn shop and is cleared of any wrong doing.
Except it doesn't work that way.
The arresting officer isn't going to call & clear things up right there.
The innocent citizen would still be arrested & have legal fees.
Hopefuly the pawn shop which received stolen property would be charged with that crime AND have to refund the money.