A question of obeying the law

In several states, carry permits are a form of affirmative defense. That is, you're assumed to be engaged in unlawful activity until you can prove otherwise, usually by producing documentation. However, law enforcement isn't bound in such cases to accept the documentation. Affirmative defense is generally applied at the trial level, not the arrest level.
Click to expand...

+1 Tom

If you are going to carry, all it takes in any states is one overzealous LEO for you to take a trip to the county jail. Besides copies of the law, it is a good idea to have the number of a Pro 2A attorney handy. Even if your state is as pro gun as it gets, all it takes is one LEO who doesn't know or understand the law and at a minimum you are in jail for a few hours, your car towed etc.

Honestly, I think getting your lawyer on your cell phone is probably more of a deterrent in this day and age than a copy of the law when it comes to staving off unlawful arrest on 2A matters.
 
What happened to innocent until proven guilty?
Click to expand...
In certain cases, like carry permits and NFA items, we don't have the acknowledgement of a right. We have a permitted privilege, which is actually framed as a defense against prosecution.

In the case of carry outside the home, perhaps that will change with a few court rulings. In the meantime, it is treated as a crime in many places, and the only way to prove exemption is to first admit to committing a crime.

It's the same doctrine as using force in self-defense. I have to admit I shot Jimbo before I can assert that it was in self-defense.
 
My input...

1st off, if you are a new TFL member, welcome;
2nd, it's refreshing to know you want to know & understand the local-state gun/use of force laws. Many gun & tactics forum members seem to have a hey, so what mindset or live in a fantasy-world w/o LE investigations, civil lawsuits, laws, or any ramifications from a use of force event.

For travel or firearms related issues, I'd see: www.nra.org www.handgunlaw.us www.gunlawguide.com www.paladin-press.com www.deltapress.com .

If you plan to carry a firearm or have a valid CC license/permit, have a legal plan/system set up to aid you in a emergency/legal jam.

If you are pumping gas at a service station at 1130pm & something goes sideways, you can deal with it.
Or if you are by your hotel/resort room & things go sideways, you'll be in a better position to address the legal/use of force issues.

As a hotel/resort security guard in a few locations near a popular tourist area, I used to say; "They came here on vacation, where did their brains go?" ;)
 
posts, correct information...

I read over a few topic posts here & I agree, you can not always trust or go by what a public agency or police dept may say re: gun laws/SOPs.

FWIW: I looked over my metro city's website re: firearms/licenses. The police use old & out of date material. :(
The state's Div of Licensing office hasnt updated the security industry hand-outs/handbooks since 2008. They have changed commissioners & some of the gun laws/SOPs could be reviewed-modified IMO.

The www.mylegalheat.com site & smartphone apps do look very good for a armed citizen or armed professional(security PI corrections EP agent etc).

ClydeFrog
 
You must log in or register to reply here.
Back
Top