# Detained for carrying



## PhotonGuy (May 18, 2015)

This guy was detained for openly carrying a pistol in Maine. In the state of Maine its perfectly legal to carry a pistol openly and with the proper permit you can carry concealed as well. I don't see how the officer could do what he was doing. A police officer can only stop a person from what they're doing or interfere with them or detain them in any way, shape or form if they're breaking the law. If somebody isn't breaking any laws than the police have no authority to stop them from what they're doing or to interfere with them in any way. This guy should see a good lawyer and perhaps file a suit. Here is the video.


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## jks9199 (May 18, 2015)

No.  In the US, a police officer can detain you, forcibly if necessary, if they have reasonable, articulable suspicion that you are committing or may be about to commit a crime.  (See Terry v Ohio)  This suspicion can be based on things that would be meaningless to an ordinary person, but that would have meaning to a trained and experienced police officer.  I haven't seen the start of this incident, so I don't know what led to the stop other than the officer's vague statement about "calls from people about a man with a gun."  This particularly incident is one of many staged by open carry idiots who are trying to set up an incident and get cops who screw up.  Yeah, the cops MAY have screwed up here.  Don't know, because I don't know what they observed prior to the start of the clip.


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## PhotonGuy (May 18, 2015)

jks9199 said:


> No.  In the US, a police officer can detain you, forcibly if necessary, if they have reasonable, articulable suspicion that you are committing or may be about to commit a crime.  (See Terry v Ohio)  This suspicion can be based on things that would be meaningless to an ordinary person, but that would have meaning to a trained and experienced police officer.  I haven't seen the start of this incident, so I don't know what led to the stop other than the officer's vague statement about "calls from people about a man with a gun."  This particularly incident is one of many staged by open carry idiots who are trying to set up an incident and get cops who screw up.  Yeah, the cops MAY have screwed up here.  Don't know, because I don't know what they observed prior to the start of the clip.



The person in the video was carrying a handgun openly which is legal in the state of Maine. People called in just to report that there was a man carrying a handgun. If I was a police officer in Maine and I got such calls I would ask if he was drawing it or waving it or committing any crimes and if he wasn't I would simply point out that carrying handguns is legal in Maine and that he wasn't doing anything wrong and so I had no grounds to interfere with him. He wasn't acting in any way suspicious except that some people might say carrying a handgun is suspicious but that's legal in Maine so they should get a grip. If cops don't want to get caught screwing up by open carry idiots than they shouldn't screw up in the first place, otherwise the open carry idiot might have a good lawyer and lots of money to pay him with which can really ruin your day.


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## jezr74 (May 18, 2015)

As someone that might report such a person carrying a firearm in my neighborhood in plain sight. I would report it and I would expect the law to respond to it. I'd take the preventive steps and report them rather than wait for an incident to occur and it be too late. Open carry laws or not.


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## PhotonGuy (May 18, 2015)

jezr74 said:


> As someone that might report such a person carrying a firearm in my neighborhood in plain sight.



Maybe open carry isn't allowed in your neighborhood but it is in Maine.


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## jezr74 (May 18, 2015)

PhotonGuy said:


> Maybe open carry isn't allowed in your neighborhood but it is in Maine.



Yeah I get that, but if I saw someone in my home area open carrying and looking suspicious or out of place for any reason however slim. I would report it. Open carry law or no open carry law.


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## Steve (May 18, 2015)

Photonguy, can you explain the martial arts related conversation you're hoping to have?   This seems like a political discussion, which is not appropriate here.


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## PhotonGuy (May 18, 2015)

jezr74 said:


> Yeah I get that, but if I saw someone in my home area open carrying and looking suspicious or out of place for any reason however slim. I would report it. Open carry law or no open carry law.



If your definition of suspicious is simply because he's carrying a gun, if its allowed than reporting it probably wouldn't get you anywhere.


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## PhotonGuy (May 18, 2015)

Steve said:


> Photonguy, can you explain the martial arts related conversation you're hoping to have?   This seems like a political discussion, which is not appropriate here.



This is the firearms board. I am hoping to discuss the legal carry of firearms and what powers the police have concerning citizens who legally own and carry guns. This is The Firing Range after all.


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## Steve (May 18, 2015)

I think it's more for self defense related topics and discussions about guns.   Discussing policies is inherently political.   You might consider posting this in the usmessageboard.com forum.  It's a little more appropriate, I think.


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## Dirty Dog (May 18, 2015)

The firearms area is for the discussion of _firearms_. Not the political aspects of firearms ownership. Political discussion belong on the political forum.

Thread closed pending staff review.


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