Open Carry Activists Falsely Arrested 10/26/13

It's interesting how the various Italian-made cap and ball revolvers are real, actual, functioning shootable replicas of the original Colt, Remington, and etc., and are just as accurate, powerful and deadly as the originals, yet The Gooberment doesn't classify them as firearms.

Still, a friggin' cheeseburger should be able to verify at a glance whether one is loaded or not. No caps, no balls in the chambers, no shooty. Unloaded, it's just an unwieldy club, or an interesting prop. Not a "firearm", not loaded, should be legal to wear in public.

Ronin, face it. You're opinion is shaded by your career choice. That summary you wrote was pure apologist BS.

What ever happened to 'ignorance of the law is no excuse'?

Ronin, shut the hell up... You're not going to win here. Better to save your sanity, and your hair, and just ignore these threads.

Sent from my teepee using smoke signals.

Quote:

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Originally Posted by Gman

Uh...it's the officer enforcing the law's responsibility to know what law he's enforcing..... Do the police just act and then it's up to someone else to figure it out later?...

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I was hoping some of the LEO members of the forum could address this.

I was told (these are not my statements) by a lawyer/DA friend of mine that :

1) Police Officers are NOT lawyers, nor are they expected to know the details of EVERY law on the books from memory
2) Lawyers don't even know every law on the books from memory...that is why the books are made available as references when questions arise
3) Officers are to use their best judgements in deciding if there is a POSSIBILITY of a crime being committed and make an arrest as appropriate
4) Officers should "use their best judgement" but refrain from attempting to "judge at the scene", especially on topics which they don't have all the details - that's what the courts are for
(Yes, I know this sounds like a paradox, but I'm trying to provide a brief summary of a lengthy conversation. It was more like he was trying to say that the LEO should ask him/her self "In my (the officer's) opinion, based on my particular knowledge and experience, could a crime have been committed?" a) YES- make an arrest; b) MAYBE - make an arrest or c) NO - no arrest)

So, I'm asking the LEOs here to comment on what I was told AND on what the criterion is they use to determine to arrest someone.