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  1. #1
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    Default What Happens if the Police Draw on Somebody Who is Legally Openly Carrying a Weapon

    My question involves criminal law for the state of: New Hampshire

    If I were to walk around with a firearm on my side, and an uneducated cop was called to the scene to see what's up, and pulled a weapon on me, would it be lawful to retaliate by drawing my weapon as well? more and more i come across uneducated cops who don't know basic laws, and stomp on people's constitutional rights. If i was just minding my own business walking down the street, and an unbadged person pointed a weapon at me i would do the same to them. so why shouldn't the same apply to an uneducated cop who thinks im breaking the law by carrying a weapon?

  2. #2
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    Default Re: Cop Drawing Weapon on Open Carrier. How to Respond

    You simply cooperate. You are armed and until they know more about you, they are within reason to consider you a potential threat. If you were to draw your weapon, it could end in your death.

    If you are referring to an officer coming up to you for no reason and stopping you at gunpoint, you can file a complaint if you wish after everything is cleared up. You can also consult a lawyer about suing, but I wouldn't get my hopes up.

  3. #3
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    Default Re: Cop Drawing Weapon on Open Carrier. How to Respond

    this world and this country is a very ****ed up place. cops think they're gods, and the law backs them up on that. I guess cops on a power trip are just something ill have to deal with. the term "badges don't grant extra rights" is pretty much false from what I can tell.

  4. #4
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    Default Re: Cop Drawing Weapon on Open Carrier. How to Respond

    Thanks for sharing. <---That was for Steve and not jk, whose post appeared at the same time and above mine.

  5. #5
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    Default Re: Cop Drawing Weapon on Open Carrier. How to Respond

    @free9man thanks for the reply

    @jk how does asking that make me dumb? because im against giving badges to idiots who cant get a real job? people who dropped out of highschool and have no knowledge of law other than maybe some traffic laws. these people are handed a badge and told they can threaten innocent people's lives with a weapon because they dont know how to determine the difference between a law-abiding citizen and a threatening individual. maybe i should become a cop in your city so i can point a gun at your head and say i felt threatened. would you like that?

  6. #6
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    Default Re: Cop Drawing Weapon on Open Carrier. How to Respond

    Some people are so eager to make trouble for themselves or others.

    The standard practice for somebody with a firearm in the vehicle, upon being pulled over, is to inform the officer of the firearm and that they're carrying it lawfully. If you don't tell the officer about a firearm, what would you expect the officer to do if he spots it? Smile passively while giving you time to grab it and shoot him?

    If you're walking down the street, lawfully openly carrying a firearm, and an officer confronts you, you had best keep your hands where the officer can see them. If there's reason to believe that criminal activity is involved, the officer can't know in advance that your intentions are good. Assuming they are good.

    If you draw your weapon on an officer, you should expect to die.

  7. #7
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    Default Re: Cop Drawing Weapon on Open Carrier. How to Respond

    I'd like to know if this has actually happened to the OP, or if he is just anticipating something that may never happen.

    And what makes you think all cops are uneducated? I know a couple with graduate degrees.

  8. #8
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    Default Re: What Happens if the Police Draw on Somebody Who is Legally Openly Carrying a Weap

    Quote Quoting Steve Newell
    View Post
    If I were to walk around with a firearm on my side, and an uneducated cop was called to the scene to see what's up, and pulled a weapon on me, would it be lawful to retaliate by drawing my weapon as well?
    Let's see ... officer has gun on you, and you go for yours ... you REALLY want to try that!?

    Any incident will be evaluated on the facts of that particular incident. No one could reasonably say you would or would not be justified without first knowing all of the facts including an evaluation of what the officer knew or believed at the time of the contact. However, I suspect you'd likely be dead if that happened. I know that if I had cause to draw down on you, and you then went for YOUR gun, I'd likely have opened up on you before you could clear leather.

    - - - Updated - - -

    Quote Quoting Steve Newell
    View Post
    @jk how does asking that make me dumb? because im against giving badges to idiots who cant get a real job? people who dropped out of highschool and have no knowledge of law other than maybe some traffic laws. these people are handed a badge and told they can threaten innocent people's lives with a weapon because they dont know how to determine the difference between a law-abiding citizen and a threatening individual. maybe i should become a cop in your city so i can point a gun at your head and say i felt threatened. would you like that?
    Wow ... the standards in NH must have dropped recently.

    If you really think that cops are all a bunch of lame-brained, power hungry high school dropouts, nothing that anyone can say or do will change that false impression you have. So, what, exactly, is your point in engaging in this vitriolic diatribe?

  9. #9
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    Default Re: Cop Drawing Weapon on Open Carrier. How to Respond

    I was right next to my unarmed friend who was sitting in his own complex and when a cop pulled a gun on him out of nowhere,scared the hell out me and him. It goes both ways,a cop may go up to a car and one time out of thousand get shot,they got be very careful. All these people giving you grief if they were in your shoes and had some satiation where a cop acted completely wrong it cause you to change your mindset on police. If they see you walking down the street you could be dangerous,they really have no idea. The police see an unknown man with a gun they got be careful,that's the bottom line. I see where your coming from they probably acted wrong a lot of times. Like I said before have a few bad encounters with cops,especially when they are completely in the wrong,it definitely changes your mindset.

  10. #10
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    Default Re: Cop Drawing Weapon on Open Carrier. How to Respond

    Quote Quoting Steve Newell
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    FALSE. you're not required to tell an officer that you're armed. and i didnt say anything about being in a vehicle. if a cop cant handle the stress brought on by their job (dealing with armed civilians), they should find a new career, not threaten the innocent.

    - - - Updated - - -

    @cbg just a "what if" situation
    if you are in a car, most states do require you to inform the officer you are armed. As to walking down the street; if you are dumb enough to pulll a gun on a cop, expect him to shoot you. The problem is; you have no idea why he has drawn his gun. Maybe you fit the description of a wanted party or of a suspect in a robbery down the street. The fact remains, it is legal for a cop to draw if they believe it is warranted and if you show signs of fighting him, he has a right to shoot you.

    - - - Updated - - -

    Quote Quoting Steve Newell
    View Post
    @jk how does asking that make me dumb? because im against giving badges to idiots who cant get a real job? people who dropped out of highschool and have no knowledge of law other than maybe some traffic laws. these people are handed a badge and told they can threaten innocent people's lives with a weapon because they dont know how to determine the difference between a law-abiding citizen and a threatening individual. maybe i should become a cop in your city so i can point a gun at your head and say i felt threatened. would you like that?
    I have had a gun pointed at me by a cop. I have never been arrested, charged, or even been a suspect in any crime (as far as I know but maybe the village idiot told the cops I was the one that put the flaming bag of poop on the schoolteacher's porch). The cop believed there was justification for the action. I'm cool with that.

    I have also had a gun pointed at me by a robber.

    want to guess which one I felt much more comfortable with?

    I had a friend that was stopped in his car. He carried a pager on his hip (this was quite a few years ago). When the cops (one on each side of the car) came up, the cop on the passenger side saw the pager and thought it might be a gun. They both drew their weapons. My friend, being a nice and friendly guy says, and AS HE REACHED FOR THE PAGER said, "oh, it's just a pager". Talk about freaking some cops out. I SAID HANDS ON THE STEERING WHEEL.

    Then, as the cop on the passenger side tried to open the door, my friend realized it was locked and being a guy of, at this moment, questionable intelligence or extreme naivete' decided to be a really nice guy and reach to unlock the door. WOW!!! did that really get them excited.

    Once they figured out it was a pager, all was cool.

    they usually have reasons for doing what they are doing, even if you do not know what it is.

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