One example of the city being sued for unlawfully seizing someone's firearm is St. John v. McColley, et al., where a Federal judge rules police cannot detain people for openly carrying guns and he was awarded $21,000 as a result. Here is a quote from the judge "Leave open carriers alone unless you have "reason to believe that a crime [is] afoot." You sir, had your rights violated.
I'm a armed security Sgt. at a las vegas casino ,and I've had people walk in open carry and don't act anything like this dude. I just tell them your not breaking the law, but the company doesn't want anyone to open carry other than security within the casino.
Who are you to tell me where I can and cannot go with a gun? The only person who was bothered by this was an elderly man who wanted to be nosey and felt the need to report a man who was just enjoying the weather and his rights. You can go somewhere else with you gun-phobia.
@aero2700 It shouldnt matter if there is kids or not present to exercise your constitutional rights. The mere presence of someone exercising their right to carry a firearm, even if you dont like it, is not up to you nor the govt to regulate, unless you pass a constitutional amendment taking away that 2nd amendment right.
Remember you are not only educating citizens, but also educating LEOs. You kept your cool and were very polite, but while they are lecturing you, go ahead and politely lecture back regarding how important it is to respect civil liberties. I agree with remixnick, dispatch should have been advised by the supervisor that open carry is legal and this info passed along to the caller...
I would ask them about RAS/Probable cause and advise them of your 4th rights. I would have advised them that they are violating your civil rights by searching them and I would have told them that you will be filing a complaint locally and a formal filing with the FBI for civil rights violation. Cite Florida v. J.L, United States v. Ubiles, United States v. King and St. John v. McColley regarding position of firearm by itself does not allow RAS/Probable cause for search/ID of citizens.
Delt with well... I think being a little more firm with your rights might have been more effective. Either way, follow up with the Chief of the PD. If he/she is not open to correcting the officers actions go to the city board meeting. Unfortunately a hard hit to their budget may be the only way to get their ego's in check. Be safe and carry on.
I'm not in the US but the answer seems basic to me, the problem doesn't lay with you. The citizens of Florence should be more conscious of state law...that you are allowed to open carry. So instead of seeing someone with their firearm and thinking they are up to no good I need to ring the police. They should think okay a guy with his firearm on show, he doesn't have a mask on or anything and state law accepts citizens open carrying...he's one of the good guys.
One example of the city being sued for unlawfully seizing someone's firearm is St. John v. McColley, et al., where a Federal judge rules police cannot detain people for openly carrying guns and he was awarded $21,000 as a result. Here is a quote from the judge "Leave open carriers alone unless you have "reason to believe that a crime [is] afoot." You sir, had your rights violated.
1775novten 3 days ago
I'm a armed security Sgt. at a las vegas casino ,and I've had people walk in open carry and don't act anything like this dude. I just tell them your not breaking the law, but the company doesn't want anyone to open carry other than security within the casino.
myvegasrights 1 week ago
Who are you to tell me where I can and cannot go with a gun? The only person who was bothered by this was an elderly man who wanted to be nosey and felt the need to report a man who was just enjoying the weather and his rights. You can go somewhere else with you gun-phobia.
yeahitsboosted 2 weeks ago
Your dump ass wanted the attention come on you go to a park were there are kids go some else with that shit
aero2700 3 weeks ago
@aero2700 Crimes dont happen in parks?
fwalker94 2 weeks ago
@aero2700 It shouldnt matter if there is kids or not present to exercise your constitutional rights. The mere presence of someone exercising their right to carry a firearm, even if you dont like it, is not up to you nor the govt to regulate, unless you pass a constitutional amendment taking away that 2nd amendment right.
jacobew2000 5 days ago
Remember you are not only educating citizens, but also educating LEOs. You kept your cool and were very polite, but while they are lecturing you, go ahead and politely lecture back regarding how important it is to respect civil liberties. I agree with remixnick, dispatch should have been advised by the supervisor that open carry is legal and this info passed along to the caller...
damiansar15 1 month ago
I would ask them about RAS/Probable cause and advise them of your 4th rights. I would have advised them that they are violating your civil rights by searching them and I would have told them that you will be filing a complaint locally and a formal filing with the FBI for civil rights violation. Cite Florida v. J.L, United States v. Ubiles, United States v. King and St. John v. McColley regarding position of firearm by itself does not allow RAS/Probable cause for search/ID of citizens.
damiansar15 1 month ago
Delt with well... I think being a little more firm with your rights might have been more effective. Either way, follow up with the Chief of the PD. If he/she is not open to correcting the officers actions go to the city board meeting. Unfortunately a hard hit to their budget may be the only way to get their ego's in check. Be safe and carry on.
KSH243 1 month ago
I'm not in the US but the answer seems basic to me, the problem doesn't lay with you. The citizens of Florence should be more conscious of state law...that you are allowed to open carry. So instead of seeing someone with their firearm and thinking they are up to no good I need to ring the police. They should think okay a guy with his firearm on show, he doesn't have a mask on or anything and state law accepts citizens open carrying...he's one of the good guys.
remixnick 1 month ago 3