Open carry rights violated.

Discussion in 'Carry Issues' started by jbrdbr111xxx, Apr 25, 2012.

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  1. jbrdbr111xxx

    jbrdbr111xxx

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    [RussP Note: I am reopening this thread and posting another post by jbrdbr111xxx.
    Okay, lets see how we can help the OP.]

    I was recently driving to the store to get my wife something as she was very sick and just had surgery. I received a call where she was telling me she may need to go to the ER.

    I decided instead of driving and talking on the phone, that I would pull over in the local grocery store parking lot to take the call.

    I was there for literally 2-3 minutes and then a city cop raced through the parking lot like a bat out of hell, blew past me then turned around and pulled in the spot behind me, threw his spotlights on me and came to my window.

    I asked him "What seems to be the trouble officer?"
    He - "Oh so it's like that, you jumping asking me right away?"
    Me - "No sir was just wondering why you are approaching my car"
    He - "You better give me your driver's license"
    Me - "Yes sir, I have a legally registered handgun on my right hip open carry and my wallet is on the same side"
    He - "Okay, ID!"
    Me -"Here you go officer *hands him ID*"
    He -"Stay right here, *walks to his car for about 30-45 seconds* "
    He -" Do you have any weapons, drugs, or other items I should know about?"
    Me- "No sir I do not do drugs and have nothing illegal on me, and the only weapon is the handgun I just told you about on my right hip"
    He -"Step out of the car now!"
    Me- "Yes sir, I'm buckled in and the button is on the same side as my gun, may I reach in that direction slowly?"
    He - "HAND WHERE I CAN SEE THEM NOW! GET OUT OF THE CAR!!"
    Me -" Yes sir, I am trying but I need to unbuckle to get out and you're not allowing my hands to go down so either you can allow me to unbuckle or you may reach in and do so."
    (I finally get "allowed" to unbuckle myself)
    He - *grabs me and throws me up against the side of my car* "YOU'RE UNDER ARREST!"
    Me - "Officer but for what, I've done nothing wrong"
    He - "I'm arresting you for carrying a concealed gun!"
    Me - "But officer, the handgun is not only legally mine and I am allowed to own it, but it was open carry on my right hip, clearly visible, so I don't see how you consider that concealed"
    He - "You need a concealed permit to even carry a handgun"
    Me -"Officer that would be only for concealed weapons, I had a permit for purchase but as you know I had to give it to the gun shop that I purchased it from"


    A second cop pulls up, grabs me and tosses me in his car, and through the window I see the arresting cop messing with my gun, then proceeding to go through my car. (I had nothing to hide, but I don't even see how that was legal without my consent to do)

    I was taken to get fingerprints, sent to the magistrate and the magistrate even swore that "YOU MUST HAVE A CONCEALED CARRY TO EVEN OWN A HANDGUN."

    I told him calmly that that was not true and that if he would please look at the NC laws for such that he would see I've been telling the truth.

    Anyway, I was sent to jail on a $500 (secured) bond, which was crappy as I had no money.

    My wife as bad off sick after her surgery as she was, got a cab to where our only car was last left by the cops, got in and came to the courthouse to post our food money for bail.

    I NEVER even received to this day a receipt to show they have my weapon, yet the police won't tell me if they have it or not, and when I told them I wanted my gun back, they told me no and that I needed a judge or DA to file an order of release for my handgun.

    I've NEVER been convicted of anything, I'm always a legal- law abiding citizen and Always showed respect to officers, etc.

    I feel like my rights were destroyed, this happened just over 2 weeks ago, I'm not able to afford an attorney, and I'm really stressed as we already live in a bad area, our car was broken into, our home was attempted to break into and we've even had drug dealers make a transaction in our front yard, we need our protection and I want my rights!

    Any ideas on what I can do, who I can contact, etc?? Please help!! :help:
     
    Last edited by a moderator: Apr 25, 2012
  2. Chuck66

    Chuck66 Traveling Man

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    Wow. Just.....wow.


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  3. Dukeboy01

    Dukeboy01 Pretty Ladies!

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    :popcorn:

    Who else wants some?
     
  4. jbrdbr111xxx

    jbrdbr111xxx

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  5. hotrodcummins12v

    hotrodcummins12v

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    Hang in there bud. I see a major suit open for the taking here. Find a good attorney that only gets paid after the settlement. I'm against frivolous suits, but this is justified and you need to make a point. Hit them where it hurts and that will ensure they won't rape anyone else's rights. The worst part is that they now have your fingerprints on file. You're not a criminal, those prints are yours and that is a really big deal in my opinion. Seek full restitution and some indefinite job suspensions.

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  6. IndyGunFreak

    IndyGunFreak

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    I call BS.

    All these "open carry rights violated" threads have one theme.

    1. A gun owner who is the pillar of honesty
    2. Some LEO who is a raging lunatic.

    It was a well written story though, usually I don't make it past the first couple sentences, yours, I made it till you were asking permission to unbuckle your seatbelt.
     
  7. Reissman

    Reissman Millennium Member

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    Why don't you have a permit? NC is shall issue. I see your point that you were not breaking the law but wouldn't life be easier if you just had your CCW? Or am I missing something.


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  8. ParisArms

    ParisArms

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    With out a CCP in NC I thought the gun had to be holsters and in open view (ie on the passenger seat, or dash board)? But good luck.


    Sent an iPhone 4s sitting next to a Glock 17 loaded with 19 round of +P+ ammo.
     
  9. Arc Angel

    Arc Angel Deus Vult!

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    ^^^^ IndyGunFreak is a very wise man! :thumbsup:

    That is, however, a heart-wrenching story! The only part the OP left out was about how good it must have felt to have those two police officers' running their hands up and down his body.

    Personally, I don't think $500 dollars is too much to spend for an evening of being the most important celebrity in town - No, Sir! There's your, '15 minutes of fame' right there! :rollingeyes:

    Here, in Pennsylvania, open carry INSIDE A VEHICLE is considered to be concealed carry. I'm a little curious about one thing, though? I must have missed the part about how the police knew you were carrying a pistol inside the vehicle?

    (Weren't waving it out the window, or anything like that, were you?) :tongueout:

    Very suspicious story, very suspicious story, indeed! ;)
     
  10. jbrdbr111xxx

    jbrdbr111xxx

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    I would love to get my CCW permit but I haven't had the funds lately to get it, and since I've been stopped for out headlight, routine id checks, etc through carious areas, I NEVER had an issue with any of those cops, they were all cool and respectful of my gun and rights, but the town I live in now, it's just stupid around here..

    @ IndyGunFreak, no this is not BS, this is a legit story that has really stressed my wife and I out a TON.

    @hotrodcummins12v, thanks for the support man, I don't seek to run out and sue someone's bank empty or anything, I just want my rights back, and at the very least an apology from the police department or something, that's really all I ask.

    Oh and I'm not too worried about my prints on file as I had to do a set about 8+ years ago when I worked as a security guard for 2 years.

    @ ParisArms, the gun was in a holster and well in plain view, which is why this is so upsetting to me.
     
  11. RussP

    RussP Super Moderator Staff Member Moderator

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    Play nice everyone...
     
    Last edited: Apr 25, 2012
  12. Bill Lumberg

    Bill Lumberg

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  13. eaglefrq

    eaglefrq

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    Welcome and sorry you had such a miserable first experience at home and here.

    Open Car Carry You may open carry in a vehicle. It must be clearly visible.
    http://opencarry.org/nc.html

    According to the excerpt from opencarry.org, you may very well have been guilty of concealed carry.

    Get a copy of the police report. Does it state why the police made initial contact?

    I would definitely seek legal counsel, some attorneys offer a free initial consult. I would do this before the below listed suggestions. Let your attorney help with those decisions.

    I would also submit an FOI request for copies of the dashcam video as well as any audio.

    You also need to contact the PD and file a formal complaint.
     
    Last edited: Apr 25, 2012
  14. nursetim

    nursetim

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    Did a traffic violation ignite this LEO encounter. When you took the call and decided to pull over, did you do so safely? Any outstanding parking ticket like issues?
     
  15. Bren

    Bren NRA Life Member

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    I think the reason people reacted badly to this story is that it claims that several people in the legal system went completely crazy and acted in very unusual ways, that showed an absolute ignorance of very common laws, while one person with no legal training or experience was the legally correct good guy. Just the "many crazy people vs. 1 sane guy" angle is enough to make you question who is crazy.

    The OP's claim that a police officer unexpectedly freaked out on him BEFORE he saw the gun or saw anything questionable doesn't make much sense. let's assume the officer is a lunatic - how'd he pick this guy to freak out on?

    It just seems like a story that is missing important details.
     
  16. slickt0mmy

    slickt0mmy

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    I'm wondering the same thing too. Why would an officer fly past a car sitting in a parking lot, whip around, and then approach with an attitude as if you've already done something wrong? I sit in my car in parking lots all the time (waiting for family to get done shopping, eating lunch, etc.) and have had police officers walk past many a time. I've never gotten any more than a smile and a friendly nod. What actually attracted him to your car in the first place?

    This probably doesn't have anything to do with the concealed carry charges. I'm just curious as to how this all played out.
     
  17. AA#5

    AA#5

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    If this tale is legit (which I doubt), open carriers should have a special checking account with at least $10,000.00 in it for bail, legal fees, etc

    OC = Fame w/o fortune? :supergrin:
     
  18. SpringerTGO

    SpringerTGO

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    +1
    The OP still hasn't told us why the police officer singled him out.
     
  19. VELO

    VELO

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    Not calling BS just yet, but I would definitely like to know why the LEO stopped to talk.

    Seems there's more to this story.
     
  20. wantaglock7

    wantaglock7

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    I too am very interested to hear about why they LEO approached the vehicle in the first place. I do believe that this is the critical part of the story left out by the OP. If it really happened like he said, that cop must have the best natural instincts around or a sixth sense for detecting someone carrying a gun, but this seems incredibly unlikely.
    Also, as I understand the open carry laws in my state (not NC), you may legally have a firearm in your vehicle without a CCW, but you MAY NOT have the gun loaded nor may you have any ammunition in that part of the vehicle i.e. gun in car ammo in trunk or vice-versa. So following this logic, even if the gun was not concealed, it requires a CCW if it is loaded or there is ammo readily accessible.
     
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