Del. Smiegal open carries...see what happens.

[PJDiesel]

You can't be found guilty of obeying the law.

The politicians love the fact that our own fears are creating a prohibition by proxy. We are self legislating the prohibition of LGOC by ignorance, fear and paranoia. No sense in creating a law when we are already restricting ourselves.

Doesn't get any more clear and concise that that!

Mike's message shouldn't be "don't try this at home". It should be,... GO FOR IT!

If he believes in what he is preaching he ought to offer reduced rate legal defense to anyone arrested while LGOC'ing.

Otherwise, fvck it, might as well be as illegal as anything else.

 

[dfens42]

Can someone please tell me the differences between detention, arrest, charged, and convicted.

As a 4th Amendment concept, detention doesn't exist. You are either under arrest, or you are free to go. This is why if you are stopped by the police, you always have two questions to ask:

Am I under arrest?

If the officer answers no, then you ask:

Am I free to go?

If he answers no, then he lied when answering question #1. You cannot be not under arrest, but also not free to go.

A common myth is that you must be Mirandized to be arrested. This is not so. You must be informed of your Miranda rights if you are under arrest AND being interrogated.

Booking would technically be the next step in the process.

Charging is often used as a part of the arrest process, however technically it would probably be better to term this Indicted, as in you were taken before an officer of the court, read the charges against you, and had a chance to enter an initial plea or motions before the court. The police do not make the determination to charge or indict, this is done by the prosecutor and/or grand jury.

Convicted would be after you either plead guilty or are found guilty by a judge or jury of a crime, and then you would be sentenced.

http://criminal.findlaw.com/criminal-procedure/chronology-the-arrest-process.html

IANAL, but I did stay at a Holiday Inn Express last night.

 

[andimorony]

Doesn't get any more clear and concise that that!

Mike's message shouldn't be "don't try this at home". It should be,... GO FOR IT!

If he believes in what he is preaching he ought to offer reduced rate legal defense to anyone arrested while LGOC'ing.

Otherwise, fvck it, might as well be as illegal as anything else.

Respectfully, I disagree. In MY humble opinion (and again, I understand that you don't agree) Mike should not be advocating for people to do things we have no doubt will cause them to spend money they may not have or worse be wounded or dead.

I have no problem if someone else wants to LGOC and spend their money or put themselves at risk--that is their choice. I'm fine with that--big believer in the right of the people to choose their own destiny.... But in MY opinion (again not speaking for or representing ANYONE here) Mike should not be advocating for things that are dangerous to our 2A brothers and sisters no matter how legal it ought to be.

 

[Name Taken]

As a 4th Amendment concept, detention doesn't exist. You are either under arrest, or you are free to go.

Without going around in circles over a complex topic but the SCOTUS seems to disagree with you. With detention might not be spelled out in the original language of the 4A courts have accepted detention without arrest to be legal.

It happens probably hundreds of time every day across the country. It doesn't always lead to an arrest nor is it always a guilty party that gets detained.

 

[PJDiesel]

Respectfully, I disagree.

Okay, maybe he should do it then (not on a closed course). If it's perfectly legal, and hes absolutely sure of that,..... he can undoubtedly defend himself (if need be) in court. If it is indeed fully legal it's a disservice to constantly advise people NOT to do it. This is no different than any other RIGHT not exercised.

 

[dfens42]

Without going around in circles over a complex topic but the SCOTUS seems to disagree with you. With detention might not be spelled out in the original language of the 4A courts have accepted detention without arrest to be legal.

It happens probably hundreds of time every day across the country. It doesn't always lead to an arrest nor is it always a guilty party that gets detained.

What you are referring to is technically a warrant-less arrest. The officer had probable cause to stop and investigate and the person was not free to go.

This type of situation is allowed by the courts, but the stop and investigation must be as fast as possible, otherwise it becomes a de facto arrest.

The other circumstance where it is allowed is a Terry Stop.

http://legal-dictionary.thefreedictionary.com/Terry+v.+Ohio

 

[Name Taken]

What you are referring to is technically a warrant-less arrest. The officer had probable cause to stop and investigate and the person was not free to go.

This type of situation is allowed by the courts, but the stop and investigation must be as fast as possible, otherwise it becomes a de facto arrest.

The other circumstance where it is allowed is a Terry Stop.

http://legal-dictionary.thefreedictionary.com/Terry+v.+Ohio

Most certainly not..but at the end of the day I could care less about convincing you otherwise.

911 call for a suspect breaking into vehicles and a clothing and physical description is given. Police see someone matching the description a block away. This person is detained. The 911 caller arrives on scene, looks at the subject, and is 100% certain that's not the one he saw committing the crime.

There is no arrest in this situation yet the subject was detained.

Vehicles get stopped on RAS all the time....this is not an arrest situation.

When someone is stopped for speeding it's clearly a detention but not an arrest...and clearly the person is not free to go till the stop is over.

 

[ninjaroll]

It is my understanding that you can be detained for up to 72 hours without being charged. After this time you must be either charged or released. If you are detained and then charged you are then considered under arrest. My point in this matter though is it is 100% legal to LGOC where firearms are not prohibited. Any charge that results from being arrested for LGOC is a compound charge. Since these charges would not have been placed on you had you not LGOC the entire arrest is illegal and the compound charges would be dropped. Like I said though, legislators don't have to make LGOC illegal. We are doing this ourselves through fear, ignorance and paranoia.

 

[Mark75H]

Waiting to see you walking down my street. Come on down, its a friendly place.

 

[ninjaroll]

Waiting to see you walking down my street. Come on down, its a friendly place.

I'll do it. I'll LGOC, want to come with?