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 Post subject: Handling Law Enforcement Stops (Pedestrian)
PostPosted: Sun Mar 18, 2012 2:07 pm 
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I think david was posting that more for reference than relevance to DE law. it shows the mentality DE could have


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 Post subject: Re: Handling Law Enforcement Stops (Pedestrian)
PostPosted: Sun Mar 18, 2012 3:01 pm 
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It actually does not apply to open carry and it is an important precedent. The District Court actually overturned prior case law to make this decision. Cases such as these are often quoted in other courts throughout the country. There are many people on this board, myself included, that carry both concealed and open.

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 Post subject: Re: Handling Law Enforcement Stops (Pedestrian)
PostPosted: Thu Jun 28, 2012 12:29 am 
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Hello,

I was discussing OC with a DSP trooper on another forum that I belong to. The Leo agreed that it is legal to open carry, but that he strongly advises against it. He went even further to say that if I open carry I will more then likely be drawn at gunpoint by officers , and that they would have a just cause to draw their weapons. Do you think he was just saying that to "scare" me out of OCing or have many of you ever been approached at gun point by a LEO?
Thank you in advance for your thoughts or personal stories.


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 Post subject: Re: Handling Law Enforcement Stops (Pedestrian)
PostPosted: Thu Jun 28, 2012 5:05 am 
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Location: Newark, DE
Lots of Delaware LEOs have seen me OCing, none have hassled me.

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 Post subject: Handling Law Enforcement Stops (Pedestrian)
PostPosted: Thu Jun 28, 2012 5:23 am 
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Location: Laurel, DE
I have OC'd all over the state. I have never had a police officer "draw his weapon" on me.
This DSP (if he actually is one) is an asshat. The mere act of carrying a holstered firearm openly in public doesn't continue reasonable suspicion to "draw weapons" from the police because the open carry of firearms is a lawful act.

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 Post subject: Re: Handling Law Enforcement Stops (Pedestrian)
PostPosted: Thu Jun 28, 2012 6:26 am 
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Joined: Sat Aug 22, 2009 7:24 pm
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Location: Delaware
Much like scampbell3 and myopic have said, I have OC'd all across Delaware and have passed by many LEO's, not just DSP, and have never been hassled much less drawn down on.

Having said that, be wary of what you read on the internet. There is a HUGE amount of dis-information out there. A lot of folks (some on the DELOC facebook page) will put info out there that is incorrect, or will offer advice as facts when it is merely their opinion or what they believe to be true. When you gat a chance, browse through the open carry logs... there are thousands of posts about real- life encounters with citizens and police.

Have a nice day!! 8-)

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 Post subject: Re: Handling Law Enforcement Stops (Pedestrian)
PostPosted: Sat Jun 30, 2012 8:04 am 
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First-OR-Last wrote:
Hello,

I was discussing OC with a DSP trooper on another forum that I belong to. The Leo agreed that it is legal to open carry, but that he strongly advises against it. He went even further to say that if I open carry I will more then likely be drawn at gunpoint by officers , and that they would have a just cause to draw their weapons. Do you think he was just saying that to "scare" me out of OCing or have many of you ever been approached at gun point by a LEO?
Thank you in advance for your thoughts or personal stories.



Sounds similar to the cop that busted Dale twice. It wasn't enough that he stuffed and cuffed him and dragged him to the police station. Only to be 'corrected' and made to take him back to Target. But then he did it again. as if somehow our rights were changed is so short a time.

From what I've heard Dale won the case and us taxpayer got left holding the bag. The cops still out there and I doubt it changed his personal policy since there was no cost to him.

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What a shame that we have the two major political parties that believe the former.


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 Post subject: Re: Handling Law Enforcement Stops (Pedestrian)
PostPosted: Sun Jul 01, 2012 10:03 am 
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Location: newark,De
I posted in my OC log that i was seen by 2 DSP troopers. once at the liquer store and the other at WaWa. one just asked how i was doing as i walked by and the other just looked at me and got in his car.


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 Post subject: Re: Handling Law Enforcement Stops (Pedestrian)
PostPosted: Mon Mar 04, 2013 8:44 am 
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Joined: Tue Oct 20, 2009 9:25 pm
Posts: 736
New Fourth Circuit ruling addresses open carry:

This is a fascinating case on reasonable suspicion calculus and what an appellate court is expected to do in judicial review, rather than rubber stamping the trial court’s conclusion reasonable suspicion existed. Two guys standing around, one with a prior, doesn’t support a stop of both, let alone the other. Seeing a gun is not reasonable suspicion in an open carry state. United States v. Black, 2013 U.S. App. LEXIS 4251 (4th Cir. February 25, 2013):

--------

The Government contends that because other laws prevent convicted felons from possessing guns, the officers could not know whether Troupe was lawfully in possession of the gun until they performed a records check. Additionally, the Government
avers it would be "foolhardy" for the officers to "go about their business while allowing a stranger in their midst to possess a firearm." We are not persuaded.

Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. ...


United States v. Black, http://www.ca4.uscourts.gov/Opinions/Pu ... 5084.P.pdf

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 Post subject: Re: Handling Law Enforcement Stops (Pedestrian)
PostPosted: Mon Mar 04, 2013 9:31 am 
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Joined: Sat Oct 11, 2008 12:19 pm
Posts: 1048
Location: New Castle, DE
Wow! Thank you, David, for that case. I try my best to keep up on this stuff, but it's very difficult. That's a fantastic case for me to add to my list of info I keep handy.

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