Police Stops Man Legally Carrying a Gun: Here’s How You Protect Yourself From Illegal Search Seizure Video

Watch this and think about the power of knowledge. This very polite cop gets it, that this man definitely gets it. You cannot take refuge in power if you do not have knowledge of your own individual power.

Open Carry

Open Carry

AMENDMENT IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

AMENDMENT II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Do we blame the policeman in this video, if he received a call from a “concerned citizen” as he says he did? The “concerned citizen” makes a call (a claim he cannot prove there and then) and he tells the “concerned citizen” that open-carry is legal in this city and he has no cause to stop the man and investigate. That’s the correct response. But then, imagine that the man goes on to commit a crime shortly after. It’s a dilemma for police. He politely hassled this man, and should not have but he covered his rear by doing so, got no where, and in doing so, the cop broke the law, or subverted it.

Cop Stops Man for Legal, Open Carry (video)
H/T Facebook: Stand Up Speak Out Dennis Baxter

Linked at Pickens County TEAParty

If you would like to receive Maggie’s Notebook daily posts direct to your inbox, no ads, no spam, EVER, enter your email address in the box below.

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Related Posts Plugin for WordPress, Blogger...
  • ndb

    Cops break the law every day… they are above the law.

    • http://maggiesnotebook.com Maggie

      ndb, yes, some do break the law every day. Others are just like you and me. Law-abiding and proud of it.

  • Pingback: Police Stops Man Legally Carrying a Gun: Here’s How You Protect Yourself From Illegal Search Seizure | Pickens County Tea Party (GA)

  • http://woodstermangotwood.blogspot.com/ Woodsterman

    I understand both sides. Too bad an anti-gun nut started that crap.

    • http://maggiesnotebook.com Maggie

      Woodsterman, I feel the same. He, unfortunately, had to cover himself, probably with his superiors. I think both handled it well.

      • http://maggiesnotebook.com Maggie

        Woodsterman, it occurs to me that this is similar to the NSA. We’ve gone far too far.

        Benjamin Franklin: “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”

        Our problem is immigration. If we were minding our own laws, NSA would not be needed. We have laws. We need to follow them.

  • Carl Middleton

    Maggie … I am a gun owner. I used to believe it was okay to open carry until I started watching all the open carry people carrying guns just to draw attention to themselves, or to provoke people to call the cops. Carry a gun? You bet. It’s the peoples right. But why not concealed carry? Open carry causes more trouble than it’s worth. What’s the motive for open carry? Concealed carry is safer, you will have less trouble, and you still have self protection. MOTIVE is the real question. Real gun experts always teach concealed carry, not open carry.

    • http://maggiesnotebook.com Maggie

      Carl, I agree with you it causes problems, but still, the attention comes from the rarity. If and when it becomes common, the showboaters won’t get the attention, and they shouldn’t be able to cause problems for serious people who have no need for a jacket on a particular day.

      I was impressed with the fact this young? man knew what he should know if he’s going to step out with a gun.

  • sdl701

    I have to agree with Carl. I have a concealed carry permit, but see no reason to open carry other than to provoke people. Carrying concealed gives you more of an advantage over the bad guys, eliminates the risk of someone trying to ambush you to steal your weapon, and helps keep the peace. I also see no reason to be obnoxious if a cop asks for ID. He’s been called by some frightened fool, but it’s his job to assure himself that everything is okay. I would show him my carry permit, expect him to look at it and thank me, and we’d both go on our way. What’s the point of being confrontational about it?

  • http://proof-proofpositive.blogspot.com/ proof

    I’d advise the young lady to put the leash on her left hand. If something were to startle her (and the dog), she would not have to fight the dog’s fight or flight reflex in order to reach her weapon.

    • http://maggiesnotebook.com Maggie

      proof, great point.

  • http://maggiesnotebook.com Maggie

    sdl701, I think the point here is the law. The law gave him the right and there was no reason to stop him, nevertheless, he took heed to a citizen caller. I don’t blame either. As the man said, these things go into police logs, and payback might be hell.

    I would rather focus on those not following the law, as in our immigrations laws that allows illegals here to be armed simple by ignoring what’s on the books. That’s a serious problem. I think it’s time to stand up for right, even if it might be showboating. Sooner or later it won’t be. I don’t open carry, but again, does a person always have to wear a jacket in weather that makes it really uncomfortable?

    I’d like to find a way to stand up the DOJ running Fast and Furious…but I certainly agree with you that it causes less trouble and perhaps is a protective measure to not openly carry.

  • Mark

    While I agree it is a persons right to carry openly (as long as the open carry is conducted as allowed by law in their state, county, and/or municipality) many are obviously looking for confrontation (hence the carrying of a video camera). In this case, I have to wonder if it was a setup. Did the gentleman with the camera that is openly carrying a pistol call or have someone anonymously call and report a man with a gun? Could it be there was no call and the officer just stopped the guy because he was carrying? Unfortunately we have no way of knowing, just like every video that’s posted on YouTube showing this type of interaction. I guess my real problem stems from societies lack of respect for anyone in uniform. As a child, I remember all men and women that wore a uniform were heroes. In today’s age, kids are taught to disrespect any uniform. As a citizen I have the right to walk down the street without fear. If this right is infringed upon then it is the obligation of the responding police officer to ensure that everything is safe and in order. If a person calls 911 and makes a complaint of an armed man walking down the street (obviously creating fear for the caller), I would expect the responding officer to stop and question any armed man in the area. With this man carrying a pistol, it automatically makes it a tense situation until the man is disarmed. The officer should ensure the man is who he says he is by asking for identification and any permits required by law. If all is well then he would be on his way with no further problems. I think this guy was looking for and attempting to get the officer to violate his rights and catch it on camera. This is a problem in our society. We expect police officers to help us and keep us safe but try to throw them to the wolves every chance we get. Some punk as kid takes a class on American government, or the constitution and thinks he knows constitutional law. It’s people like the kid in this video that create the problems we have today with the police/community relationship.

    • http://maggiesnotebook.com Maggie

      Mark, where I have lived, people respect our uniformed officers, but today, we see so much online and on television. It’s difficult these days not to think we must be prepared. You’re right, we will never know who made the call, but the man was polite and informed and the law was on his side. The officer did ask for I.D. It was the man’s right to know if he was suspected of a crime before handing it over. He made a point. The officer did what he could do. Many would have crossed the line. This officer did not. I do expect the police to help keep us safe, and really, we don’t that this was “some punk kid.” There was nothing out of line in the video.

      As far as creating problems, it’s those that make one feel it necessary to be armed that cause the problems in, in my opinion. People have hardened. We are sick of a sick society.

    • Racist

      Mark, you do have the right to walk down the street, but whether or not you are “in fear” is completely reliant upon you and your ability to master your emotions. It is no one’s responsibility to ensure you are not “in fear” except your own. You don’t have the right to infringe upon someone else’s right to walk down that same street just because you “fear” them. By your own logic, in your scenario you should also be detained and questioned for infringing upon another citizen’s right to walk down the street “without fear of being illegally detained and questioned”. Your rights end where someone else’s begin. Just as he has no right to assault you or impede you in any way by means of the force of the gun, you have no right to use the force of a Public servant’s gun to assault or impede him. What if instead of open-carrying a gun, he was a gigantic menacing Herman Munster looking biker who had broken no law but you happened to be afraid of him? Would you “expect” the police to detain him and neutralize his massive stature so as to make him seem “less scary”?

  • http://cryandhowl.com steve

    I hate to say it but it seems like the guy carrying the gun set the cop up. He was way too informed. Of course that’s irrelevant, but I get a weird feeling about it. My wife has a concealed carry permit and I keep a firearm in my vehicle always (lawful in Texas) but I would never think of provoking the cops, because there is nearly always some obscure law they could spring on you and voila, it’s over and you’re right to carry whether open or concealed vanishes.

    • http://maggiesnotebook.com Maggie

      Hi Steve, yeah, I understand that as well, however, lots of people do not know what he knows and I think we should applaud it. These are things we need to know. If he set it up, the cop still did it, and as I’ve said, I don’t blame him, but the law was not on his side. The carrier was not rude. He used the law. Maybe others learned something.

      I didn’t see it as provoking. I saw him asking the right questions, and the cop doing the right thing. You’re right. It could have gone the wrong way for either or both of them.