Open Carry Stop in Livermore

Livermore Police Officers stop and detain a legal open carrier in California.

According to California Penal Code 12031 (e), peace officers are "authorized" (not required, or mandated) to inspect firearms carried in public to determine if they are unloaded.

Livermore Police Officer Keith McKelvey was the first on the scene. The second officer to arrive was Officer Ernest Gumban (Bald, HMA, w/gun in hand) followed by Officer Christopher Thompson (WMA, w/gun in hand). Officer Gumban asks Officer McKelvey during the video, "Did you ID him?"

Training Update: California does not have a "stop and ID" statute, as we value privacy here in the Golden State. Officers are not permitted to demand ID from an individual who is in compliance with the law(s). Openly bearing arms is legal and lawful in the state of California. Please See: Livermore Police Department Policy #441 (Unloaded Open Carry Movement) "...there is no law that requires [open carriers] to identify themselves..." "Absent any other reasonable suspicious or articulable facts, we [Police] cannot arrest for failure to produce ID."

Listen to the audio tape recording here:
http://www.youtube.com/watch?v=5DlBNNTiuew

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Category:

News & Politics

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• opencarry
• open carry
• livermore
• police
• guns
• firearms
• bay
• area
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• rkba
• california
• bayareaopencarry
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• keith
• mckelvey
• ernest
• gumban
• chris
• thompson

[darkstar744]

the officer was pretty chill about it though... just doing his job in response to a call

thanks for not abusing your authority!

[elderaps]

So...whats the point of having open carry being legal if you can't have your gun loaded?

[msk1911]

If your going stop people for open carry that's how professional it should be. " Your free to go"

[hitman5652]

@RandB2NM well i appreciate your service to the community at large. i guess we just have to disagree on the the tactics used here.

[RandB2NM]

@hitman5652 Being former LE, I am fully aware of how that works, but in this case, if you watched, this is not the first run in with this person. He was obviously, at no time, in this video or any other, appeared to be a threat. Just because he is armed, which in the 2nd Amendment, clearly states we are allowed to BEAR ARMS, doesn't give the cops the right to draw down on just anyone for open carry. I never did, I took my oath to uphold the Constitution, our rights, yours and mine!

[hitman5652]

@RandB2NM fuck that those cops have families and the fact that their guns are drawn means that they want to be sure they get to see them again

[hitman5652]

@akim333 no no no no no no no you fucking wouldn't have been pissed at all you would comply like the uploader did if you had any intelligence.. and also you can't comment on his intelligence the man didn't even say anything in earshot. your a pompous ass. that's what i've gathered from your comment.

[mememe123xyz]

Christ these officers are terrified of this guy. Guns drawn on him?

[greg3564]

The officers with their guns drawn need to learn what "cross fire" means.

[TheZincZipper]

"did you ID him?" and then officer replies " He's got the camera" . That shouldn't matter.

[1775novten]

@AnnoyingXboxer Police are not obliged to protect anyone. The point I was trying to make was regarding your comment about it not being safe to carry a loaded gun, yet police do it. So should your same opinion apply to them as well? People carry guns for protection, just like police - there is no difference. However, I do think that anyone who chooses to carry a gun should have proper training and remain proficient with it.

[AnnoyingXboxer]

@1775novten It is a cops job to be able to respond to a threat as soon as possible and they are properly equip to handle a situation if that ever occurs... Now I am not saying this cannot be the case for citizens also, but it would be hard and expensive to regulate this on every citizen.