We must keep in mind the distinction between states that allow unlicensed open carry versus states that allow licensed open carry.
An LEO in a states where all citizens who can legally possess firearms can open carry does not have reasonable articulable suspicion (RAS) to detain someone and check their ID solely on the basis that they might be a felon or otherwise prohibited person. In this circumstance, the vast majority of citizens are legal to carry, so presence of a firearm in and of itself is not sufficient RAS.
However, in states requiring a license to open carry, there are court cases stating that open carrying is sufficient reason for an officer to detain and check for the license. In these states, licensees are a very small percentage of the population.
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- by Jumping Frog
- Tue Feb 17, 2015 6:14 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: One problem/issue if licensed OC passes
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