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Posted: 4/7/2006 10:29:12 AM EDT
[#1]
yes
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Posted: 4/7/2006 10:34:38 AM EDT
[#2]
Not likely in AZ.
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Posted: 4/7/2006 10:34:55 AM EDT
[#3]
Why not get on the caller's case for calling the cops for what is not a crime? |
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Posted: 4/7/2006 10:35:36 AM EDT
[#4]
You can be charged with anything, whether it holds up in court is another question.
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Posted: 4/7/2006 10:36:09 AM EDT
[#5]
"Disturbing the peace" = vague infraction that the JBTs can abuse for just about anyone.
But, for some reason, the people who really ought to be charged with it (protesting/rioting illegals, anyone?) get passed over for people who open carry.
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Posted: 4/7/2006 10:36:36 AM EDT
[#6]
That is exactly what Denver will hit you with.
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Posted: 4/7/2006 10:37:52 AM EDT
[#7]
calling the cops because you are too scared of someone [who is not doing anything even remotely threatening] who is open carrying should be justification for a good shoot. ETA: i've always said that this is biggotry at it's worst. the .gov never gets called on it though because it deals with guns. if someone called the police because they were scared of a black person, they'd get laughed at. if they didn't, the black person would eventually wil a lawsuit against all involved for millions. |
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Posted: 4/7/2006 10:41:03 AM EDT
[#8]
If your action of open carry causes someone to be so alarmed as to call the po-po, have you not disturbed to peace???
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Posted: 4/7/2006 10:45:17 AM EDT
[#9]
Did you disturb their peace, or did their own irrational fear of a simple object disturb their own peace? |
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Posted: 4/7/2006 10:48:35 AM EDT
[#10]
See... it depends on perspective. However, if they thought enough of it that the actually dropped a dime, the charge may stick. Of course, depending on the officer responding, dept policy, local prosecutor, and wheather or not it was a Glock. 
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Posted: 4/7/2006 10:48:39 AM EDT
[#11]
Most "disturbing the peace" laws are written in such a way that the act has to be one "calculated" to cause alarm. Simply wearing a gun cannot reasonably be thought of as an act, standing alone, which would be calculated to cause alarm. Especially since open carry is a Constitutional right and should be recognized as such. However, what should be and what is are two entirely different things, and enough people believe that no one should have a gun in public but the police that I would not be surprised that you don't get hauled off to jail for it in many places, and I wouldn't be surprised if the charge sticks at trial. After all, most people are sheep, which means that most judges, police, lawyers, and juries are sheeple as well.
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Posted: 4/7/2006 10:48:39 AM EDT
[#12]
The police cannot charge you with a crime for doing nothing illegal. To disturb the peace you must actually be doing something that is against the law. Thankfully hysterical idiots who "feel" threatened by seeing someone obeying the laws of the area are not usually the standard by which such legal matters are judged. In Virginia, I have never seen anyone charged with DTP for open carry. I have seen some officers charge for illegal carry (which is a result of their misunderstanding of the confusing wording of a Virginia statute...) but not DTP. |
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Posted: 4/7/2006 10:49:57 AM EDT
[#13]
You don't understand WI. The police have openly stated that they will arrest anyone for open carry and charge them with disorderly conduct (despite the fact that there is no law against open carry in WI), so the person calling the cops will be in the clear. Which is interesting...because our state constitution says that residents of WI have the right to keep and bare arms for purposes of defense, security, hunting, recreation, or any other lawful purpose. Oh, and there IS a law against concealed carry... So, you tell me how we're supposed to legally use our constituional rights in this state. 
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Posted: 4/7/2006 10:52:22 AM EDT
[#14]
The needs of the many outweigh the needs of the few.
Now replace "needs" with peace. bah!
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Posted: 4/7/2006 10:52:53 AM EDT
[#15]
Sounds like you need a court case to tell the po-po in that state to back the heck off. Arresting someone and charging them for something that is not criminal is HARRASSMENT, pure and simple. BTW -- If there is no statute expressly permitting WI LEO's to carry openly, then perhaps WI gun owners should demand that these officers be arrested for THEIR "disorderly conduct".... |
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Posted: 4/7/2006 10:53:15 AM EDT
[#16]
I'll let you know when one of the scared grocery store employees that follow me around the store, staring at my gun, acting like I am going to rob the place, finnaly gives in and calls the cops on me for browsing the produce section.
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Posted: 4/7/2006 10:54:31 AM EDT
[#17]
Minus 1 point for a double negative.
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Posted: 4/7/2006 10:55:23 AM EDT
[#18]
As a Californian you should that the police cannot arrest you for disturbing the peace. A on duty police officers peace cannot be disturbed, and he cannot make an arrest for that misdemeanor not committed in his presence. If you are going to toss out the JBT slur at least try to know what you're talking about. |
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Posted: 4/7/2006 10:56:07 AM EDT
[#19]
"Hello 911, my god there's a man with a gun. He's wearing navy blue..." |
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Posted: 4/7/2006 10:56:10 AM EDT
[#20]
There's no law against open carry here in MA either, but just try it and see what happens.
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Posted: 4/7/2006 10:56:18 AM EDT
[#21]
In WISCONSIN?!?!?!?!   May I remind you WI and IL are now the only states that have NO method of legal CCW for it's subjects, and you can bet that will NEVER change. Fuck WI, and move somewhere nice. Texas worked for me. 
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Posted: 4/7/2006 10:56:47 AM EDT
[#22]
Not in Virginia since pre-emption!
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Posted: 4/7/2006 10:57:58 AM EDT
[#23]
Exactly. You can report that you just saw a "man with a gun", freaked out, and called 911 like a good little sheeple. |
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Posted: 4/7/2006 11:01:35 AM EDT
[#24]
I have been charged with disturbing the peace when I did nothing illegal. I did, however, inadvertantly freak someone else out and that was enough. Court costs plus lawyer = 750 dollars.
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Posted: 4/7/2006 11:03:04 AM EDT
[#25]
Care to give slightly more details? |
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Posted: 4/7/2006 11:04:56 AM EDT
[#26]
Unfortunately, this is not the case in WI. Simple DC doesn't even need a "victim" here (per case law).
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Posted: 4/7/2006 11:07:24 AM EDT
[#27]
Part of a high school prank, I was sitting in a parked car with a mask on (not illegal in that particular state). The owner of a nearby shop saw me and thought I was going to come in and rob them, called the cops. Cops come (5 cruisers, charge the car with mini-14's). I end up getting charged with disturbing the peace, get ordered to pay court costs at a hearing, continued without a finding. In retrospect I can't really blame anyone, it was pretty stupid of me. But the matter stands that I wasn't doing anything illegal but someone got scared so I was charged with disturbing the peace.
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Posted: 4/7/2006 11:09:16 AM EDT
[#28]
I open carry here in AZ, phoenix, mesa, chandler, gilber to be exact.. NEVER EVER had an issue.
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Posted: 4/7/2006 11:13:38 AM EDT
[#29]
Only a matter of time until Wisconsin gets CCW. We've been vetoed twice, and came damn close to over riding it. Once Doyle is out, CCW is in.
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Posted: 4/7/2006 11:14:37 AM EDT
[#30]
Unfortunately, our state SC has a liberal majority. As you're well aware, liberals are able to come to conclusions that are based completely outside the realm of logic. Therfore, up until this point they have been able to weasel out of making any kind of broad decision that abolishes the laws which conflict with the rights affirmed to us by our state (and federal) constitution. The last case, Fisher vs. WI, was a good step in the right direction. Mr. Fisher was charged with violating one of these conflicting laws and his lawyer did an excelent job of soundly thrashing the "logic" behind those laws. That case was heard in February and the decision is expected to be handed down in June. Based on the oral araguments and some of the comments made by the SC justices it is looking good, but then again they are liberals, so you never know what sort of convoluted decision they might come up with to weasel themselves out of allowing WI residents to legally enjoy their rights. Link to audio of oral arguments Link to thread discussing this court case and transription of audio ETA: If the Fisher decision goes our way, we may get AK/VT style CCW. 
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Posted: 4/7/2006 11:17:29 AM EDT
[#31]
[flame suit on] Move to someplace that's not a liberal controlled shithole! I refuse to go places that restrict my rights. [flamesuit on]
 Hessian-1
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Posted: 4/7/2006 11:39:23 AM EDT
[#32]
Most of the time, disturbing the peace charges come from loud music, arguments, harrassment, or just your everyday psycho idiots making a bunch of noise or causing a ruckus. Last time I checked, it wasn't illegal to listen to stereos, and there's this little thing called freedom of speech. Even in the cases where there's a noise ordinance, disturbing the peace is usually used if there's a specific victim. If there's a complaintant/victim, there's disturbing the peace- plain and simple. For those cases where the person's being a dick and gets on somebody's nerves, it's great. For the example that started this thread - it sucks because, in all technicalities, it's legit. Not fair at all, but legit. someone's peace disturbed and willing to be the vicitim if it were to go to trial = PC for disturbing the peace. We of course have officer discretion, and I'd be (calmly explaining to) (chewing out) the person who made the bullshit call and telling them that (there's nothing wrong) (they're an idiot). |
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Posted: 4/7/2006 7:59:41 PM EDT
[#33]
btw that's bear arms, not bare arms.
And as noted there are a variety of differences between the states on laws that may or may not apply. And if not Disturbing the Peace there's always Disorderly Conduct. And in almost all states an LEO can not arrest for a misdemeanor he didn't witness, but if the complainant wants to make a citizens arrest (in those states where allowed), the LEO may be obligated to take the arrestee into custody (or ticket, etc) As usual learn the laws that apply to you in your state. |
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Posted: 4/7/2006 8:05:22 PM EDT
[#34]
ETA: Nevermind
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