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Changes to your right to Bear Arms- 2nd Ammen

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7/12/2013 2:43:38 AM
Posted: 3 years ago
Recently I came across an online video of a dude walking around with a high powered rifle slung across his shoulder as he was on the way to a red-box, if a believe so, in a neighborhood setting. He also had a pistol around his waste both very visible to the public.

In the video, he has his camera ready as a cop pulls up and politely steps out and asks if he can ask the man a few questions. The man, obviously there to stir-up controversy, immediately responds, "AM I BEING DETAINED!? AM I BEING DETAINED? Then see ya!" and begins to briskly walk off refusing to answer the officer and continues to be belligerent in expressing his right to not be "detained" or answer any questions from the officer as he has violated no rights and possesses the right to refuse to answer as he is under the law.

Here is what gets me and why I believe MY and YOUR second amendment rights should be changed. In the video the officers don't exert police brutality or enforce commands above their legal rights. They were cooperative and patient with the man. From my own opinion the man looked very intimidating walking around in attire and weapons that stood out and would draw attention. The man was almost hostile to demand his rights and didn't respond coherently to any of the police officer's attempts to respond to the situation to make sure everything was OK.

In the future, I would hope in every case where people have drawn attention or may have caused panic or a scene due to their activity or actions that police would be able to respond and question any individual involved to make sure the situation is safe and to insure those who are alarmed there isn't anything to harmful being done. If someone would willingly carry a high powered rifle into public areas i.e. neighborhoods, shopping malls, grocery stores, convince stores I feel if the police are notified all persons with weapons should be required to stop for 2 minutes to address the officer, show ID and basically to show they're in a correct state of mind and are not intending on causing harm in the future.

In the video, the man screams "AM I BEING DETAINED!" and causes a big scene. In life the two greatest responsibilities most people usually have are 1) Being a parent and 2) Owning/Operating a weapon. If one would screw up on either, a life may be irreparable harmed or lost. Both require responsibility, maturity, coherent thinking. I would expect every gun rights advocate if approached for open carrying to at least address the officer in a coherent calm manner such as, "Yes officer, I acknowledge to you I am open carrying and am sorry for any problems this may have caused others. I am expressing my second amendment rights to bear arms and have not or do not intend to violate any laws in the near future; as so, I exert my 2nd amendment right to refuse to answer any in-depth questions or to accompany you any further. Have a nice day."....You see this tells me ok, you're coherent, and not going to shoot up the mall. I can walk away feeling good, as opposed to the man in the video who screams to the officer and refuses to answer any questions or show any self-control.

In my mind I go back to Omaha during the Von Maur incident. Lets say what if 20 minutes before the shooting, officers see the young man walking around with a rifle in a public area and approach him to question him. Today, according to his rights, prior to the incident he was doing nothing wrong (assuming he has legal registered arm and Identification on hand)imagine if he responded "NO OFFICERS I WILL NOT answer any questions! Am I being detained?! I have done NOTHING WRONG! Am I free to go?" The officers then seeing that he is in fact just expressing his right to open carry and has not violated any laws or rules, then smile and leave. Thank God that my 2nd amendment rights were impeached on, right!>??

Yeah... I would say again, I would hope officers would still be able to approach the guy and ID him and at least have a short conversation to ask if everything was OK and give the 'all clear'....To see if he has all his eggs in one basket.... Also maybe make-sure if he does infact walk into a mall, someone closeby just be aware to monitor any abnormal behavior from surrounding situations near the young man's whereabouts. I am all for giving up my rights for this to happen. If being "detained" according the egomaniac guy in the gun video means that officers have the right to stop someone for 30 seconds out of their day while open carrying to make sure the situation is safe for others around them, that by all rights, DETAIN ME!

I realize what detainment is and being questioned by an officer is not detainment- being taken to the squad car ordered to follow officers or remain in where they are for a period of time while never having violated any laws is. Presently, under the law, officers may not make your answer a question if you have not broken and laws or rights of others and this seems to be the main right in question.
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7/12/2013 9:55:03 AM
Posted: 3 years ago
Hi! Welcome to DDO! Anyway, my response (as an active member of the ACLU):

So because a guy seemed a little intimidating and was rude to a couple police officers, we should give the police greater power? No.

However, police CAN detain someone already if they have a reasonable suspicion that a CRIME is being committed. Because wherever this guy is allows open carry, and the officers know that (or should know that) there is absolutely no reason to detain him.

Admittedly, the guy was out of line in terms of sheer decency (I've touched on the whole point in the past that just because a person is a cop and you don't like police doesn't mean s/he should be verbally abused). However, at the end of the day, the only person that would get hurt by his rudeness would be himself, as police could then reasonably be suspicious of his motives and detain him. But, the police never actually detained him, and the guy did what a person should do during an encounter with police: ask if he's being detained, and if not, say you're walking away because you aren't being detained. Again, he wasn't polite like a person should during an encounter, but I don't see a WHOLE lot wrong with his behavior.
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7/12/2013 10:21:10 AM
Posted: 3 years ago
Sounds like he was disturbing the peace.
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