One evening I was walking down the street and a deputy drives by. I knew quite a few of them for several years but the command changed and so did the deputies so I wasn't sure if I knew him. He turns around and comes back. He stops and gets out all official like. I am wearing my weapon. He asks if he can see it. Who's going to argue? I start to take it out. He says he'll do it but has trouble doing so. Another deputy turned me onto this holster that clips the weapon in, but I don't have it on my pant belt which would keep it stationary thus making its release easier. I have it on another belt that is lower on my hip so my shirt or coat doesn't cover it. So you have to hold onto the holster with one hand while you take it out with the other.

Anyway, he unloads it, takes out the cartridge and runs the number. Once he's done he asks why I'm wearing it, and I explain. Then he suggests that I also wear a knife just in case someone tries to steal my weapon. I told him why I wear my weapon low and added that I also do it so that people will have one heck of a time getting it out. He said that they are skilled at it and, figuring he was skilled at it too I said, 'Well, by the time you got it out I could have gouged your eyes out and kicked you in the *****.' He laughed and we continued to chat for quite a while, especially after I told him that I was the one that brought them the bucket of goodies each week.

That is the second deputy that stopped to check out my weapon who didn't know me, although only one of them ran the numbers. I'm glad that they are checking such things, but do they really have a right to do it for no reason? Just curious.

 

I would imagine that their authority is addressed in your state's weapons/licensing laws.

For your situation, I think I would make it a point to personally meet and greet as many of these Deputies as possible. If you have a situation that goes sideways it would be to your benefit for them to know who you are.

 

X2 on this! The upside is this deputy knows you, that you're legal and skilled enough to openly carry. Offering you might also carry something else as a back up weapon was somewhat friendly and good advice IMHO. His point a crook intent on taking your weapon away will be skilled in doing so--the fact he couldn't do it easily shows his first thoughts aren't to steal from you. (For the moment we'll hopefully forego any discussion he should have known how to more quickly and easily remove your gun from that sort of holster! )

You've made a good contact and I'll bet he remembers your bucket o' goodies too, can put a face with the generosity!



Welcome back BTW! Where ya been hidin?

 

Would i be correct in assuming your wearing a SERPA?

 

Yep. But as I said, I am not wearing it in a normal way so it can't be retrieved as easily, so it wasn't his fault he fumbled ... as I'm hoping that anyone else will do if they mess with it.

I used to know all of the Deputies in my area until the change of command happened. A lot of them were exchanged for new ones, a lot of others quit. Now I'm having to start all over again on meeting them, usually in this manner. I have already had two suggest my carrying a knife, another suggested pepper spray and another a tazer as a back up. If I took all of their advice I would look like I'm wearing an arsenal. Knowing my luck, if I used the pepper spray the wind would be blowing and it would come back right in my face. A knife? I hate the thought of stabbing someone, and they'd probably turn it around and use it on me. The tazer sounds more fitting if I had to chose one. I appreciate their advice. I love LEO's and would take a bullet for them anytime.

I'm just wondering if they are allowed to just stop me merely to mess with my weapon?

 

Well, hell, the TSA does it.

 

Does he have the right? He asked, and you complied. Once you said yes, he had the right.

I would guess that to really find out, you'd have to ask a lawyer and pay for the info. If he couldn't give you a definite answer, you'd have to refuse and see what happened in court.

This is just my opinion, but I'd bet that not all LEOs could be certain of the answer to your question. The deputy took the safe route by asking.

If I had to guess, I'd guess that they DON'T have the right to inspect your weapon (unless they had some kind of probable cause), although they probably could make you prove that you have the right to carry one. But, it seems that you want them to be on your side, so the point is probably moot.

The preceding is from someone with no qualifications whatsoever,

hj

 

Well its good to know the deputies seem to be very weapon/self defense friendly.

 

In NM I have the right to carry even without a permit.... but it has to be in the open. He did ask my name and birth date so I guess he was checking to see if I was a felon. Then I wouldn't have the right to carry. I never let anyone touch my weapon except LEO's. It's not a toy. I would never refuse them touching it. I have nothing to hide, and they'd probably think I did if I refused. But that part isn't my problem. I was just curious about them stopping to check it. It's kinda like a LEO can't just make a traffic stop unless there is cause, and they can't check your vehicle for drugs or what have you, without permission or a drug dog alert.... so do the same rules apply in my case? If I ask the Deputies I'll get several different answers (it's happened before when I was asking about weapon rules). Ironic.

 

Just my opinion here and nothing more...............

IF you're unique and/or stand out appearance wise in relation to the general population of your area you attract attention---you've said as much before when entering a business where others aren't openly carrying, how that causes others to act differently. A LEO who notices your open carry will be curious and is possibly duty-bound to at least open a conversation with you. Certainly that's partially to assess your state-of-mind and get an idea why you open carry----I don't think that's unreasonable myself. The key here is how much different you appear from those in your same area or space at the moment of observation.

Whether any LEO has the legal right to approach you and ask questions might be debatable but just like traffic stops there will always seem to be a defensible reason one is initiated. Criminal activity discovered as a result of suspect initial contacts have been dismissed from courts but it seems most instances where "reasonable cause" issues, at least as far as the LEO observing something, are upheld. Yes this can be highly abused but the better LEO's develop a "sixth sense" more from experience than clairvoyance dealing with suspicious behavior. The amount of illegal behavior discovered is more than enough justification to give an officer on a scene some discretion when, how and why to initiate a stop or conversation.

While there are laws permitting open carry and you comply fully there are also laws allowing a LEO to conduct a reasonable investigation into something they observe and possibly determine needs just a bit more looking into. For every law allowing something there are conditions under which it is allowed and circumstances when its proper and legal for a LEO to seek additional information. Not trying to be a smart azz but if we're not doing anything illegal such questions posed by law enforcement isn't a big issue.

If I chose to open carry I'd understand frequent stops along the way would be routine or at least expected.

 

You may be able to find your answer here

New Mexico

 

You mean like this......

 

Close enough!

 

Twould be a tough sell in PA (other than Philly ).

 

I was just taking a walk down the street with my two dogs. This wasn't in the city either. As I said, I didn't mind him doing what he did cuz I have nothing to hide, I was just wondering if it was legal. But your post made me think of yet another thing. What is the difference between someone hiding their weapon and showing their weapon if both are legal? Just because it can be seen is a cause to be questioned? Does hiding it make one more safe or less suspicious? Why don't they frisk everyone to see who's wearing one and ask them questions too? Am I mare of a threat by letting mine be seen? I can understand if I'm waving it around in a threatening manner or walking into an establishment with a mask on or something, but just walking my dogs down the side of a road?

Thanks Steve for the link. I'll get to that shortly.