| Author | Post |
|---|
Francis Marion
Regular Member
| Joined: | Fri May 23rd, 2008 |
| Location: | Baghdad, Iraq |
| Posts: | 179 |
| Status: |
Offline
|
|
Posted: Wed Jun 24th, 2009 05:42 pm |
|
gunsfreak4791 wrote: Awsome uniform and vechicle. I was picking up the sleeve rank during your incident described above.
|
gunsfreak4791
Regular Member
| Joined: | Fri Jun 13th, 2008 |
| Location: | Kearns, Utah USA |
| Posts: | 502 |
| Status: |
Offline
|
|
Posted: Thu Jun 25th, 2009 01:14 am |
|
Nice
I spoke with the Chief of police Del-Craig today by cellphone I informed him of the incident at the GANS. He stated he would look into it and call me back by the first of July.
I asked for compliance with his officers when approching a person carrying a firearm out in the open. I stated that when his officers approch us to verify we are legaly able to open carry. After we are verified leave us alone.
No more 15 to 20 Min talks about why we should not open carry. I told him it is not the officers job to tell me to conceal my firearm. It is not their job to harass me or tell me why I am wrong. or to keep me any longer then it is needed to verify I am legal.
I informed him that I would be a taylorsville days. And asked for his officers to more or less leave me alone and others open carrying.
I plan on attending both days and would encourage other to attend this free event. I would like to let Taylorsville Know we can not be bullied or threatend.
I plan on attending a city council meeting and voicing my opinion. Also I will be contacting Lora Miller to inform her that It is not appropriate for officers to force their oppinion on others. It is not appropriate to keep people longer then need be.
I hope the message is clear do not violate our civil rights
|
rpyne
Regular Member
| Joined: | Tue Oct 23rd, 2007 |
| Location: | Provo, Utah USA |
| Posts: | 580 |
| Status: |
Offline
|
|
Posted: Thu Jun 25th, 2009 02:53 am |
|
gunsfreak4791 wrote: I asked for compliance with his officers when approching a person carrying a firearm out in the open. I stated that when his officers approch us to verify we are legaly able to open carry. After we are verified leave us alone.
No, unless they have reasonable articulable suspicion that someone is committing a crime, they have no right to approach and verify anything. The courts have held that there is no exception to Terry for firearms and that mere possession of a firearm is not RAS for a stop (see Lund v Salt Lake City and JL v Florida).
Lund v Salt Lake City (2008) US District Court Civil No. 2:07-CV-0226BSJ MEMORANDUM OPINION & ORDER (Fed. R. Civ. P. 56)
Footnote 9
By itself, mere possession of a firearm in public is not unlawful and may well represent the exercise of a fundamental constitutional right guaranteed by the Second Amendment to the United States Constitution and Article I, § 6 of the Utah Constitution (recognizing the “individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes,” subject to the power of the Legislature to define the “lawful use of arms.”). See District of Columbia v. Heller, 128 S. Ct. 2783, 2799 (2008) (“There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.”); see also Utah Code Ann. §§ 76-10-500 to 530 (2003 & Supp. 2008) (Utah Firearms Act). In Utah, the carrying of a concealed weapon on one’s person in public is a matter of State licensing and regulation, and is routinely permitted pursuant to the applicable State statute. See Utah Code Ann. §§ 53-5-701 to 711 (Supp. 2008). The legislature has explicitly denied local overnmental entities such as Salt Lake City the power to limit or restrict possession of a firearm on public property: “Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.” Utah Code Ann. § 53-5a-102 (Supp. 2008); see University of Utah v. Shurtleff, 2006 UT 51, ¶ 11, 144 P.3d 1109, 1113 (observing that the enactment of § 53-5a-102 in 2004 “dramatically altered the legal landscape, rendering it clear that Utah’s firearms statutes are universally applicable”). The legislature has authorized municipalities only to “regulate and prevent the discharge of firearms, rockets, powder, fireworks or any other dangerous or combustible material.” Utah Code Ann. § 10-8-47 (2007).
As articulated by the Utah Legislature, public policy in this State may fairly be read to condone and even encourage gun ownership and the lawful possession and carrying of firearms in public places. Salt Lake City’s asserted governmental interest in its police officers’ response to a report of a “man with a gun” in a public park cannot be weighed in isolation from this oft-emphasized public policy. In that context, there may well be more individual constitutional rights at stake than the Fourth Amendment freedom from unreasonable searches and seizures.
Edit: added quote from Lund v Salt Lake City
Last edited on Thu Jun 25th, 2009 03:04 am by rpyne
|
Francis Marion
Regular Member
| Joined: | Fri May 23rd, 2008 |
| Location: | Baghdad, Iraq |
| Posts: | 179 |
| Status: |
Offline
|
|
Posted: Thu Jun 25th, 2009 03:08 am |
|
I can't see why this went past the operator answering the call. This is what should have happened.
"911 what is the nature of your emergency?"
"There's a man here with a gun."
"Is he committing a crime?"
"No, he just walked into a store wearing a gun."
"In Utah it is perfectly legal to carry a gun openly."
|
colormered
Regular Member
|
Posted: Thu Jun 25th, 2009 04:36 am |
|
Nuttycomputer wrote:
Hey! I'm going to be attending Taylorsville Dayz as well. Hope to see you there. I'll be OC my 9mm S&W in a Serpa Holster while with my Wife and In-Laws probably.
Holy crap! Exactly how much room is there in a Serpa holster?!?!?!?
|
Nuttycomputer
Regular Member
|
Posted: Mon Jun 29th, 2009 02:27 pm |
|
colormered wrote: Nuttycomputer wrote:
Hey! I'm going to be attending Taylorsville Dayz as well. Hope to see you there. I'll be OC my 9mm S&W in a Serpa Holster while with my Wife and In-Laws probably.
Holy crap! Exactly how much room is there in a Serpa holster?!?!?!?
Lol... I think you missed a word when reading it 
Anyway I had no issues at the parade or Taylorsville Dayz. I did run into some old high school friends who were somewhat suprised. One encounter went like this:
Friend: Hey man what's up... what the... (suprised look when he bumped my ride side giving a friendly hug)
Me: Sorry bout that... just my firearm.
Friend: Why do you have a holstered gun.
Me: Because I'm told it's not safe to just be waving it around the place.
We proceeded to talk about reasons I carry etc. Good experience... I did see Francis Marion in the parade. Nice vehicle you have there. I was on the opposite side of the road otherwise I probably would have said Hi.
|
gunsfreak4791
Regular Member
| Joined: | Fri Jun 13th, 2008 |
| Location: | Kearns, Utah USA |
| Posts: | 502 |
| Status: |
Offline
|
|
Posted: Mon Jun 29th, 2009 05:12 pm |
|
I also went to Taylorsville Dayzz right before the big rain storm On Friday. I walked by two Taylorsville Police officers. They looked over at me made eye contact. The other officer said somthing and they walked away.
Sorry all day thurs and Friday my message and PM were disabled so I could not post when I was going to be at Taylorsville Dayzz
|
Current time is 11:07 am | Page:   1 2 |
|
