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ADVERTISEMENT Gun wearer won't show permit in Des Moines store, is arrested

Discussion in 'Carry Issues' started by TBO, Aug 31, 2013.

  1. Bruce M

    Bruce M

    Jan 3, 2010
    S FL

    I will give it a try. Because sometimes they way we wish things were can become more important than how things really are.
  2. Sam Spade

    Sam Spade Staff Member Lifetime Member

    May 4, 2003
    Then shame on him for not knowing his situation.

    I don't follow your second paragraph.

  3. RWBlue


    Jan 24, 2004
    Sometimes stupid happens. What do you do when it happens to you? For me, I try to mitigate the situation.

    As far as the second paragraph, I spend way too much time on the internet. There have been many times when the criminal basically hung themselves by trying to talk their way out of the situation. You may also want to read about the gaming theory "Prisoner's dilemma".
  4. Gunnut 45/454

    Gunnut 45/454

    Jun 20, 2002
    Chicken and the egg aurguement - the Officer didn't have to nor need to ASK!! Why ask if the act is legal? Your just proving beyond a doupt the officer has a chip on his shoulder about OC - I'd bet money on it! So if the officer just stopped people driving out in the parking lot to see if they have a DL you'd be just fine with that right too!:rofl:
  5. countrygun


    Mar 9, 2012
    Hunting is legal, and so is carrying a rifle if the woods around here, but if a Game Officer asks, you had better have your license.
  6. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

    Apr 30, 2005
    So despite the evidence that it was the OCer that displayed an attitude you are firmly convinced it was the officer that had the attitude.

    And you cannot quite fathom why someone employed to provide security would check out someone walking into the store openly carrying a firearm?

  7. countrygun


    Mar 9, 2012
    It depends. Does the employer at his private job have a rule that anyone driving on their parking lot has to have a driver's license? It is their right to set such a rule.
  8. Bren

    Bren NRA Life Member

    Jan 16, 2005
    It isn't legal to open carry in Iowa. It is legal too open carry WITH a permit AND with the stipulation that you show it to the police on demand.

    As with asking to see your CCW if a police oofficer notices a concealed weapon, those who actually have a permit are only a small minority of citizens, so there is a good argument that seeing a weapon being carried in a way that is illegal for the large majority of people is at least reasonable suspicion for investigation.

    If the police see a guy climbing in the wiindow of a house, climbing in a window isn't illegal and there are people who have every right to climb in the window of that house. However, you can bet there is enough suspicion for them to stop and find out if the guy lives there.

    I don't think you people willl ever understand the cooncept of "reasonable suspicion." Even most LE officers I train, think it is a much higher standard than iit really is.
    Last edited: Sep 6, 2013
  9. clarson_75


    Mar 25, 2010
    That part of your statement is incorrect. It is legal to open carry here without a permit, but the list of places you can't go makes it just about useless without a carry permit.
  10. Bren

    Bren NRA Life Member

    Jan 16, 2005
    Technically, yes. The 5th amendment doesn't protect you from being forced to make non-incriminating statements. That is a reason people are sometimes given immunity in return for testifying against others - once you have immunity, nothing is incriminating and you can't refuse to answer, without legal penalties.
  11. Bren

    Bren NRA Life Member

    Jan 16, 2005
    OK, "it isn't legal to open carrry within the city limits in Iowa, like this guy."
  12. RussP

    RussP Moderator

    Jan 23, 2003
    Central Virginia
    Bren modified his comment, but for those perhaps confused...

    The law is silent on open carry in general:
    The aggravated misdemeanor is carrying concealed.

    The law continues and makes carry within the limits of any city, "whether concealed or not," "or not" meaning open carrying, and carry in a vehicle aggravated misdemeanors unless the person possesses and displays a permit within the city limit, or meets specific transport conditions within a vehicle.
  13. clarson_75


    Mar 25, 2010
    I apologize Bren. I wasn't trying to hurt your feelings. Just trying to be accurate about what the law actually says.
  14. TK-421


    Oct 12, 2012
    Pflugerville, TX
    If he doesn't know the law about carrying a firearm, and carries a firearm, his a.. deserves to get thrown in jail. If you can't be responsible enough to know the laws about carrying a firearm, then you can't be responsible enough to be trusted to carry one.
  15. TK-421


    Oct 12, 2012
    Pflugerville, TX
    That depends on if the property owner asked the cop to do so. Cops don't have jurisdiction in the majority of parking lots because the majority of parking lots are owned by the private business whose customers park there. Get into a wreck in a parking lot and call the cops, a lot of the time they'll tell you they don't have jurisdiction because it's private property.
  16. Tiro Fijo

    Tiro Fijo

    May 31, 2011
  17. TBO

    TBO Why so serious? CLM

    That's not quite it.

    Cops do have jurisdiction there, but the traffic statutes they enforce may not apply there.

    Sent from my Nexus 4 using Copatalk 4
  18. TBO

    TBO Why so serious? CLM


    Sent from my Nexus 4 using Copatalk 4
    Last edited: Sep 7, 2013
  19. SCmasterblaster

    SCmasterblaster Millennium Member

    Sep 24, 1999
    Hartford, Vermont
    Here in VT all non-criminals age 16 and above can CCW or OC a handgun.
  20. Mayhem like Me

    Mayhem like Me Semper Paratus

    Mar 13, 2001
    Not a chance
    What you don't know can hurt you.....

    And you felt obligated to call in question the police action without knowing the law this speaks volumes.

    Sent from my iPad using Tapatalk HD