imported post
SFCRetired wrote:
Why do I get the feeling that Sheriff Hughes, and a lot of other anti-open carry LEOs, is hung up on that one particular part of the law? Are they not reading the rest of the law, to include the Supreme Court decisions that form the case law part of the law?:banghead:
At least we know he is hearing us, evenifwe cannot get him toacknowledge the remainder of the law and not just the part he selectively reads.
Because he's forming an independent opinion of what the law permits, based on his knowledge of the subject. However, he's out of his depth, and not qualified to make that opinion. What he should do is get the Tri-fold, look at the cases cited, and talk it over with the DA. A LEO is only responsible for determining if a crime has been commited, is being committed, or about to be committed. Based on the evidence before them, they are required to observe and document to build a case for the DA.
Unfortunately, this almost sounds like an election-year comment; The LEO isn't allowed to interpret the law other than as a basis for "has a crime been committed." It is a judge who interprets the law and renders a decision. And the DA and your attorney argue it out.
The root cause of the LEO's misbehavior is that he is looking at it from a RESTRICTIVE angle. He doesn't see anything that PERMITS the action. What he's not realizing is that our body of law is such that ANYTHING which is NOT
UNLAWFUL is LAWFUL.
As a business operator, the public is INVITED to enter an establishment and conduct business with the owner. Most places have large signs suggesting this: "Come on in and grab a cup of bean juice!" However, the business owner is allowed to ask you to leave for ANY reason that he wants.
It makes sense therefore, that I may open-carry from my car, to public spaces around any establishment. Through advertisement, the business owner has invited me in. If the business owner does not care for me to be carrying on his property, he has the right to ask me to leave. If I do not leave, he may call the police, who will ask me to do the same. If I do not leave at that point, they have grounds to charge me with the crime of Trespassing.