Friday, September 28, 2012

Another Open Carry incident

This time, I'm on the side of the open carrying citizen. 

Marine Captain (helicopter pilot, combat vet, 2 tours in Iraq) passes a few motor homes that he says were going slow.  He's on a motorcycle, open carrying; probably out of convenience. 

He knows his rights and the law, inside and out.  

The RV drivers supposedly call the police and report him for passing them at "a hundred miles an hour."  The cop that pulled him over, did so out of suspicion.  He was not clocked speeding by the police.  

The cop asks him if he has a weapon.  The Marine responds with "I do not consent to search and seizure" (all of my quotes from this video are paraphrased because there's no transcript as of yet).  I think the Marine assumed the cop saw the openly carried weapon at that point.  That's where things went downhill and fast.  Unlike the usual Open Carry videos, I don't think this Marine was looking for this incident and he damned sure had no fear or hesitation in his voice. 

The problem I have with this stop (I would have answered in the affirmative when questioned on whether or not I had a weapon) is how the responding officer handled it in the end.  He told the Marine he was free to leave if the other officer could cover the Marine with a drawn weapon as the Marine left.

I will be monitoring this case.

Note what is requested in the lawsuit:

Pierson said he is seeking damages, an apology and a statement by the jurisdictions involved that the open carry of handguns is lawful — and that the purpose of government is not officer safety but the protection of peoples’ lives, liberty and property.
“I want that stated as the paramount reason they exist,” he said.
Pierson also said he wants to see Bassett and Andazola off the force.
Pierson said he finds the irony of the situation heartbreaking. “Both sets of officers, the sheriff’s department and myself, we’ve both sworn to uphold the Constitution,” he said.

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