
Originally Posted by
ldmaster
WHY does a cop disarm a citizen during a contact? Because the law says he can. The supremes have ruled more than once that a peace officer "must be in control" during a contact or stop. The charge if someone refuses will be "obstruction of a peace officer in the performance of his/her duties" depending on jurisdiction. Alternatively, being charged with disturbing the peace (acting in a manner which tends to alarm) again, depending on jurisdiction and the wording of their ordinances.
Failure to obey a peace officer, who has given you a lawful order, has been adjudicated time and time again as obstruction. A citizen calls and the peace officer answers the call of an "armed man". What do you expect a cop to do?
"Uh, hey, you can keep your gun - even though I know with the reactionary gap you can draw and fire on me before I could respond..."
or
"I need you to turn away from me and interlock your hands over your head, I'm going to take your firearm away from you and search you for other weapons"
You REALLY expect a cop to NOT disarm you? He has to do his duty, but, again, the law has stated again and again that he is not obligated to place him/herself in danger to ANY degree, if it can be safely avoided. What a cop does then is what matters, returning the gun after the check with the explanation as to why they had to disarm a citizen would be ideal.
That being said, it might behoove those doing this to call the local PD, or drop by and explain what you are doing that day - a civil gathering in order to exercise your constitutional rights and make a statement about it. Unless you're TRYING to make a scene.
It's about preserving public peace and safety, you are either part of the solution (and thus informing the PD of your purpose that day) or you are trying to create a problem and the BEST you can expect is to be disarmed while you get yourself run on NCIC.
I open carry all the time, really, I do - never had a problem. Occasionally someone comments, and I tell them about it. Never had a problem with a cop either. But I know it can happen.
His "probable cause"? He/she (apologies to sister officers) doesn't need probable cause in order to "freeze" a situation to determine if a crime has been committed, and if a cop can articulate WHY you get a Terry frisk, he's covered. Pretty easy to articulate that you saw a gun, and stopped to determine if the person was a threat to safety. Or do you think a cop wouldn't get called up before his supervisor if a citizen said he just drove my a group of armed men without doing ANYTHING?
I think open carry demonstrations serve a very valid purpose, it trains the police department about the law and it's application to a citizen, but it shouldn't be something done in order to try and create a confrontation.