[tantrix]

Originally Posted by Roger1079

And so are you. So because some individuals who live there are shaky about the laws, it must mean that the officer didn't know what he was doing? Seems like a much larger assumption than I made.

I don't know if the guy was "shaky" about the laws or not...if a permit is required to open carry in IA, then I'd guess that's why he was asked to produce it. If open carry is legal there without a permit, then it was a false arrest. I'm not taking sides, just looking at it from both angles.

ETA- If SgtScott31 is correct, then said person was indeed required to show his permit since IA isn't a true open carry state (permit required for any type of carry).

[NickC50310]

Originally Posted by RussP

No local jurisdiction may enact and/or enforce any law contrary to State law.

Okay, first you said...Then you said...Known fact is, "Alivonta had a permit to purchase firearms and one to carry a gun...," therefore, he could legally open carry, right?

Correct. It is not a local ordinance enacted by the city. Statewide open carry is illegal within city limits without a permit. It is not specific to certain cities. It is not enacted by each city.

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[NickC50310]

Originally Posted by RussP

No local jurisdiction may enact and/or enforce any law contrary to State law.

Okay, first you said...Then you said...Known fact is, "Alivonta had a permit to purchase firearms and one to carry a gun...," therefore, he could legally open carry, right?

Absolutely he was 100% legal until he refused to show his permit.

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[NickC50310]

Originally Posted by RussP

No local jurisdiction may enact and/or enforce any law contrary to State law.

Okay, first you said...Then you said...Known fact is, "Alivonta had a permit to purchase firearms and one to carry a gun...," therefore, he could legally open carry, right?

Just to further explain- it is not enacted by individual cities or jurisdictions. It is a statewide law. Open carry within city limits requires a permit.

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[NickC50310]

Originally Posted by tantrix

Well that's what I meant...open carry is legal here statewide, city limits or not. It is also legal with no permit required.

With that said, nobody has answered my question yet: Since he was open carrying (weapon NOT concealed), why was a CHL permit even requested? Unless Iowa is one of those retarded states where you have to have permit to even open carry...then of course, you're not a true open-carry state to begin with.





Permit or not, I can walk in and leave with multiple handguns or rifles in about 10 minutes. I really don't see how it could be any faster.





You're assuming. Since some in this thread that even live there can't get their story straight on open carry, and when and where you can do it, not wonder the guy got arrested...the LEO in question probably didn't even know wtf to do.

Its not that hard to figure out really. I dont understand why everyone is getting so confused. Im drunk now and even i can make sense of it! Lol! Outside city limits- open carry legal for all. Within city limits- open carry requires a permit. Whats so hard? Lol


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[Bruce M]

Maybe he was certain he was outside city limits. That makes him seem incrementally less.... errr wait, no it doesn't.

[Roger1079]

Originally Posted by Bruce M

Maybe he was certain he was outside city limits. That makes him seem incrementally less.... errr wait, no it doesn't.

Ha ha.....Not at all. Stupidity of your location is not a valid excuse.

[Bren]

Originally Posted by JW1178

Did the LEO prove he was in fact a LEO or just walmart security?

Still, once again, we have yet another activist standing his ground asking for trouble, and he got trouble.

He was wearing his police uniform. That's all the proof you get, prior to court.

[relayman]

Originally Posted by brboyer

If an authorized agent of that company asks you to show your permit , you either comply or shop elsewhere.

Uh, one is under no legal obligation to follow a property owner's request, save one - leave.

Pretty much what I said .

[BamaTrooper]

Originally Posted by JJohnson

God knows that no other state has open carry idiots looking for attention.

We also let gays from Alabama come up here and get married. Tell your friends.

[SgtScott31]

In my opinion his capacity in working for Walmart does not play a role in this. He was a LEO in an easily identifiable uniform. Case law in my state shows that even if officers are working off-duty they can still enforce laws of the state, regardless of what capacity he is working in involving the off-duty employer.

[vart]

Originally Posted by kenpoprofessor

Permit? What is this permit for carry/purchase you speak of? Damn I love AZ

Have a great gun carryin' Kenpo day

Clyde

Yep. I always OC when I'm hiking or gold prospecting, and on occasion, I need to stop by a gas station or run into a store for something on my way home or into the bush.

I've never had a problem...

I've lived in Iowa, and there is a reason it is a blue state...

[TBO]

Always the low price, always.

[brboyer]

Originally Posted by relayman

Pretty much what I said .

No, what you said was:

If an authorized agent of that company asks you to show your permit , you either comply or shop elsewhere .

Not even close to what I said.

[TBO]

Can I see your receipt now?

[RussP]

Originally Posted by NickC50310

Correct. It is not a local ordinance enacted by the city. Statewide open carry is illegal within city limits without a permit. It is not specific to certain cities. It is not enacted by each city.

Originally Posted by NickC50310

Absolutely he was 100% legal until he refused to show his permit.

Originally Posted by NickC50310

Just to further explain- it is not enacted by individual cities or jurisdictions. It is a statewide law. Open carry within city limits requires a permit.

Originally Posted by NickC50310

Its not that hard to figure out really. I dont understand why everyone is getting so confused. Im drunk now and even i can make sense of it! Lol! Outside city limits- open carry legal for all. Within city limits- open carry requires a permit. Whats so hard? Lol

Okay, you've had a couple days to sober up. I cannot find the state law that says that. How about helping out with a link to that provision of the law?

Thanks...

[DanaT]

What is best, Salami, Brats, Sucuk,or Kielbasa?

[TBO]

Dana,

Please stop trolling my threads.

Thanks in advance.

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[DanaT]

Originally Posted by TBO

Dana,

Please stop trolling my threads.

Thanks in advance.

Sent from the toe of my jack boot using Tapatalk 2

I am confused.


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[RussP]

Originally Posted by DanaT

I am confused.

I doubt that...

[DanaT]

Originally Posted by RussP

I doubt that...

Why do you doubt me? I was very worried about dinner and my choices were Turkish, Italian, German, and sorta a German/polish mix. I ended up going for German and had wild boar gulash with spaetzle.




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[RussP]

Originally Posted by DanaT

Why do you doubt me? I was very worried about dinner and my choices were Turkish, Italian, German, and sorta a German/polish mix. I ended up going for German and had wild boar gulash with spaetzle.

You need to take a lesson from The Mayor, Mayor okie. You know him, right? He's the one with 127,427 posts.

Now, Mayor okie, he posts a lot about his breakfasts, lunches, suppers. Never have I known him to insert his discussions about meals into another member's totally unrelated thread. The Mayor, he's polite that way.

Now, you, you're not so polite. Your dinner worries, well they were posted to disrupt, to incite other members into responding, challenging you. Maybe they would say something impolite. Then you get to report their posts, get them in trouble, or better yet, get the thread closed. You know, that unlucky thing that seems to happen to other members when you enter their threads.

So how about this, if you have a comment to make directly relating to a thread's topic, directly meaning no one needs to ask for clarification, you go right ahead and post.

Now, if all you want to do, like in this thread, is to disrupt things, you know, troll, don't do it.

That way, I'll not have to doubt your intentions.

Thanks...

[DanaT]

Originally Posted by RussP

You need to take a lesson from The Mayor, Mayor okie. You know him, right? He's the one with 127,427 posts.

Now, Mayor okie, he posts a lot about his breakfasts, lunches, suppers. Never have I known him to insert his discussions about meals into another member's totally unrelated thread. The Mayor, he's polite that way.

Now, you, you're not so polite. Your dinner worries, well they were posted to disrupt, to incite other members into responding, challenging you. Maybe they would say something impolite. Then you get to report their posts, get them in trouble, or better yet, get the thread closed. You know, that unlucky thing that seems to happen to other members when you enter their threads.

So how about this, if you have a comment to make directly relating to a thread's topic, directly meaning no one needs to ask for clarification, you go right ahead and post.

Now, if all you want to do, like in this thread, is to disrupt things, you know, troll, don't do it.

That way, I'll not have to doubt your intentions.

Thanks...

Well, thank you. Of course you are not so polite yourself but that would be off topic to point out that you have made a lot of untrue accusations/assumptions.


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[czsmithGT]

Originally Posted by NickC50310

Its not that hard to figure out really. I dont understand why everyone is getting so confused. Im drunk now and even i can make sense of it! Lol! Outside city limits- open carry legal for all. Within city limits- open carry requires a permit. Whats so hard? Lol


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I thought the Iowa law required a permit to carry a handgun (inside or outside city limits), that the permit allows either open carry or concealed carry whether within city limits or not, and that while legal, open carry would tend to draw attention. So the "outside city limits open carry legal for all" part I wasn't aware of.

Further, if asked by a law officer to show your permit to carry, legally you are required to comply. Nothing in the law about whether the law officer is on or off duty seems to matter.

[CBL]

Originally Posted by brboyer

I was not there so do not know the whole story, but I have to question the legality for demand of the license/permit.

There is quite a bit of case law on this subject, but LEO that work 'security' gigs are operating under the authority of the property owner, not the government, until such time as he/she has RS of a crime being committed.

Just because he was a LEO in uniform, does not necessarily mean that he was in the lawful performance of his duties at the time he requested/demanded the license/permit, nor does it mean that the encounter was a lawful detention/seizure of his person under the 4th Amendment.

Not sure how IOWA case law stands on open carry as RS of a crime.

Cant speak to Iowa but in VA when LEOs work off duty gigs they are being paid to perform their law enforcement functions on private property. They maintain the same authority as when on the government dime and are expected to act accordingly.