Quote History Quoted:
No I don't stop everyone that open carries. If I do encounter someone for some other related matter: ie legitimate vehicle stop, and observe a pistol laying in the front seat, floorboard etc I will most likely investigate whether they are prohibited or not. Would you not do the same? If they CANNOT produce a permit then do I assume everything is cool anyway? Let's say under this scenario (1) Middle age clean cut male "appears" law abiding to you, probably don't check. (2) Young male driving a jacked up spinner wheeled car with gold teeth and chains, you probably check. Just saying, there is a lot of ground in between those two spectrums.
View Quote View All Quotes
View All Quotes
Quote History Quoted:
Quoted:
Quoted:
I am about as pro gun as it gets, however my concern as a LEO is anyone I encounter with a pistol in a vehicle will need to have a check run to make sure they are not prohibited.
And you will soon find yourself in a lawsuit.
Do you stop every OC person to see if they are legal?
No I don't stop everyone that open carries. If I do encounter someone for some other related matter: ie legitimate vehicle stop, and observe a pistol laying in the front seat, floorboard etc I will most likely investigate whether they are prohibited or not. Would you not do the same? If they CANNOT produce a permit then do I assume everything is cool anyway? Let's say under this scenario (1) Middle age clean cut male "appears" law abiding to you, probably don't check. (2) Young male driving a jacked up spinner wheeled car with gold teeth and chains, you probably check. Just saying, there is a lot of ground in between those two spectrums.
Perhaps put a small logo or letter code on the driver's license issued to prohibited possessors? But frankly, in my view go ahead and investigate. If you end up finding a lot of guns with prohibited possessors and get those guys and their weapons off the street, then good. If you find over and over again it's just a regular citizen with their pistol openly on their belt and get bored of checking, I'm fine with that too.
Ultimately it is unlikely to create any new crime problems as evidenced by the numerous other states where this is a non-issue.
Two potential complications I see that demand thoughtful preparation if legalization goes through:
1) Suppose there is a pistol laying uncontrolled in a vehicle with multiple occupants. Suppose one of those occupants is a prohibited possessor. Deciding which one of them "owns" the gun and whether or not the PP gets charged would be a question to deal with. I would think guidelines that will stand up in court need to be set up ahead of time and promulgated to officers to help ensure a consistent and logical response.
2) When is an openly carried pistol concealed... E.g. if someone has a pistol openly carried on their right side but the officer can not see it, is it "concealed"? What if the driver (let's say he has a permit) had set it down on the console between the seats and the wife (with no permit) had set her purse on it without thinking. Is she going to get cited for concealed carry of a pistol? I bring this latter one out in particular because an actual issue like that occurred in Arizona (which ironically enough ended up being part of the justification for constitutional concealed carry).
Just some things to think about.
I'm all for restoring the fundamental and civil right to keep and bear arms for self defense in vehicles for non-prohibited possessors. Legalizing it via legislature now will save the trouble and expense of a court case where the new language in section 26 regarding "strict scrutiny" puts the ASA's public safety argument to bed and finds the ban unconstitutional. Without legalization now that case WILL come. Best to save the trouble and legalize it I say.