37 votes

Citizen Detained for Legal Open Carry in Oregon Sues Cop and WINS!

http://forum.opencarry.org/forums/showthread.php?117804-Laws...

"This post has been on my mind for some time, and finally I feel that I can share it with you all, as the dismissal of the case was filed today. As you may or may not remember, on October 26, 2011 (ironically the 10th anniversary of the U.S. PATRIOT Act being signed into law) I was illegally detained by Corvallis PD while I was checking my mail. At the time I didn't say much about it because I didn't want my version of the events to be known before I obtained the Corvallis police officer's version of the events. Anyway, here is the (long) story.

I was checking my mail at a little after noon, just like I had done every day. It was a Wednesday and since I worked at home I usually checked the mail right before taking my lunch. I had my Glock 22 in a level 3 Serpa retention holster, the same gun and holster I carried throughout Corvallis pretty much the entire time I lived there. I was wearing jeans, a brown zip-up hooded sweatshirt, a beanie and probably these fingerless gloves that I used to wear all the time when it was cold out. That day the low was an unseasonably cool 26 degrees Fahrenheit, and while it was noon and had warmed up a bit, I had only lived in Oregon for four months and was still used to California weather.

Normally when I would go out in public while open carrying (which I did daily if not multiple times a day), I would carry an audio recorder and an ipod capable of video recording. I had both right next to my front door to grab along with my open carry flyers, but since I was just going to get my mail, a brought nothing with me. This would prove to be a mistake that I would quickly regret. I walked to my mailbox which was on the nearest street corner, about 100 yards away and as I was just about to reach my mailbox I noticed what looked to be a Corvallis PD cruiser coming up the street directly toward me.

While this was disconcerting, I had been open carrying in Corvallis for over four months at that point with no real negative encounters and only one consensual encounter with a Corvallis PD officer. I was a tad worried but I figured he wouldn't care and I'd once again be reassured that Oregon police officers are way more respectful than those in California. As I turned to walk away, it became more and more obvious that the officer had taken interest in me and would at the very least be contacting me. I walked along the dead-end gravel road that I lived on and as I had reached where my residence was and needed to cross the street to go home, I turned to see if the street was clear and here was the Corvallis police officer getting out of his patrol car, maybe 75 feet from me, staring right at me..."

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+1

Thoroughly enjoyed reading this, thank you!

Really Necessary?

I live in Oregon and have a concealed carry permit as many here in Oregon do. Especially as of late, permits have skyrocketed.

I have never seen anyone or know of anyone who "open carries", and I have lived in Oregon for the past 10 yrs. The majority of people in Oregon carry concealed. While you can open carry, I myself don't want anyone knowing I am carrying, especially a cop. And, if I am stopped by a cop, I know the proper protocol expected of someone legally carrying a concealed weapon when approached for whatever reason by an officer.

This was taught in the class I took prior to getting a permit. What do you do if you are carrying and are approached or pulled over by a cop? You tell them you have a concealed carry permit and say whether you are or are not carrying. Show them your permit and get past that stage to put the officer at ease. They are going to know anyway if you are being pulled over in your car. I believe communication with the officer would apply much the same if you are open carrying to avoid a problem or getting hasseled. I understand the right to do so, etc., but not all cops are dickheads, and someone open carrying is not a normal sight, which may have someone want to make a check as to what is going on.

Don't get me wrong on this, but sometimes one has to have a bit of common sense and ask what is the point of displaying a weapon that makes more sense to be concealed.

The more people who exercise their right to

open carry, the more normal the sight becomes. Concealed carry permits are just another way to register your weapons(s) with local authorities.

yes, it is necessary

yes, it is really necessary for cops not to harass people who haven't done anything wrong.

Is it necessary to open carry? no
Is it necessary to conceal carry? no
Is it necessary to ride a motorcycle? no
Is it necessary to smoke cigarettes? no
Is it necessary to wear a hoodie? no
But people can and they should not be harassed for it.

Is it necessary for others to conform to your views? no.
Is it necessary for others to conform to the majority view? no.

Someone might fear another person for whatever reason and they might WANT to check up on them, but that does not mean they should check up on them. Maybe they should just try to deal with their own fears.

P.S. I live in Oregon too. AND it doesn't matter if I open carry or conceal carry or not carry at all. AND I could care less what you do either.

Police officers need to learn to be more professional.

It's only through people taking action like this, will police learn their proper duties and serve the community well.

Agreed

One more way to keep them accountable.

Book Mark....

That link...If you ever find yourself in a similar situation you have all the ammo you need in the .pdf of the Judges Order, found at the bottom of the writers Post.

+ 1

for the good guys!

apropos of which, some Saturday Gun Pr0n:

http://www.dailypaul.com/302271/for-all-my-r3vol-gunnies-ber...

Predictions in due Time...
http://www.youtube.com/watch?v=zGDisyWkIBM

"Let it not be said that no one cared, that no one objected once it's realized that our liberties and wealth are in jeopardy." - Dr. Ronald Ernest Paul

This was a terrific story and

This was a terrific story and I surely enjoyed reading it. The author did not just complain, and let it go. He stood up for his rights, and persevered. Then he took the time to write us all and tell us about it. He makes me proud to be an American, and those moments are few and far between for me, these days.

Some cops