Another story of the "Only Ones" abusing power.

[SBarry]

http://www.foxbusiness.com/on-air/stossel/blog/2011/05/16/philly-police-harass-threaten-shoot-man-legally-carrying-gun?test=latestnews

Enough to make you sick.

[kozball]

Here is a link from the Michael Smerconish program this AM.

[sjwsti]

Thanks for posting that, its interesting to hear Mr Fiorino explain what happened.

First let me say its unfortunate that the Police overreacted to his open carry as he was doing nothing wrong. These types of situations seem to occur in most cities with open carry and are one example of why I don't do it.

I don't believe him at all when he says he wasn't looking for a confrontation with Law Enforcement. Continuing to open carry after several previous run ins with LE and carrying a recorder while walking to the store doesn't sound like someone wishing to avoid confrontation. But it is certainly his right to do so.

Once contact was made with LE this is a perfect example of how NOT to act. Whether you agree that the contact is reasonable or not once you have an officer pointing his weapon at you it is best to do the following :

- Shut your mouth. Now is not the time for a "back and forth" with the Officer. I guarantee you will have a chance to explain the situation, present paperwork etc.

- Follow all commands slowly and deliberately. The Officer has perceived you as a threat and must secure you.

- Once the Officer feels safe you will be able to give your side.

I believe if Mr Fiorino had done this he would have been sent on his way after a short interview.

In a perfect world this wouldn't happen but obviously it does. Having a choice between open and concealed carry Mr Fiorinos experience makes the choice a no brainer.

- Shawn

[SBarry]

Citizens not breaking any laws should not have to get on their knees for anyone (unless by choice). The cops had no reason to stop him for open carry. If he had other run ins with the cops and was treated the same way, then I understand why he intentionally went out and recorded this. It's time to expose the crap that legal gun owners have to put up with from some cops.

If he was within his rights to carry open, that is his right. Laws are not made by police, and they need to understand that. Their opinion is just that.

Open carying in a state where it is legal in one form or another is not probable cause to stop someone, case law supports that. The officer had no right to even stop him, let alone draw down on him when clearly no law was being broken. Since he stopped him, he should of just looked at his permit and then parted ways, not detain him for 40 minutes, force him to the ground and I'm sure a couple of knees were forced into his back.

[sjwsti]

I'm sure when you attended your CCW class the instructor emphasized avoidance as the number one strategy to employ to survive a confrontation. Why doesn't that also apply to Law Enforcement? Its not my responsibility to expose ignorant Cops, only to try and avoid them.

I have no sympathy for someone looking for a fight and then getting it.

Mr Fiorino walked by a parked Police car. Having had previous bad encounters with LE why would a person looking to avoid confrontation do this? As soon as he noticed the car he could have simply altered his route. If that wasn't possible, since he had the choice, he could have simply untucked his shirt an concealed his gun.

I'm willing to bet that his recorder was activated when he noticed the parked car and that he purposefully walked by with his gun in plain view. Did he have every right to do this? Absolutely. Were the officers wrong to stop him? Yes. Did he do anything to avoid a possibly dangerous confrontation? No.

I have the right to stand on the corner of 17th and Nicholas with $100 bills hanging out of my pockets. You want to accompany me so we can exercise our rights together? 

- Shawn

[rluening]

... and Rosa Parks could have saved herself a lot of trouble by simply moving to the back of the bus.

/rl

[HuskerXDM]

Mr Fiorino walked by a parked Police car. Having had previous bad encounters with LE why would a person looking to avoid confrontation do this? As soon as he noticed the car he could have simply altered his route.
- Shawn

There is no way to tell if altering his route to avoid an officer while open carrying would have put the officer on alert... if he had done so and the officer had noticed his sudden change in route... then saw that he was open carrying, that may have set into motion a worse set of events. 

I see what you are saying, but I have to agree with other posters... why should a law abiding citizen alter his or her actions if they are within the law? 

[sjwsti]

I see what you are saying, but I have to agree with other posters... why should a law abiding citizen alter his or her actions if they are within the law? 

For the same reason if I saw a suspicious looking character on the sidewalk approaching me or in my car in traffic with a lunatic screaming at me in a fit of road rage. I would alter my route in an attempt to avoid a confrontation while armed. 

- Shawn

[SBarry]

I guarantee he planned this event, doesn't mean he was in the wrong. He was exposing the daily harassment doled out by cops on law abiding citizens in nearly every major city in the United States (look at Omaha). More people need to do this so cops get the message more law abiding people are arming themselves and the cops need to chill out. They are not the "Only Ones" entitled to carry a gun, openly or concealed!

An armed society is a polite society, I forget who said that, but it is true.

The second amendment is what it is, a right, not granted by the constitution, but an inalienable right protected by the constitution. Some people just don't get what "Shall not be infringed" means.   

[HuskerXDM]

For the same reason if I saw a suspicious looking character on the sidewalk approaching me or in my car in traffic with a lunatic screaming at me in a fit of road rage. I would alter my route in an attempt to avoid a confrontation while armed. 

- Shawn

I guess we'll just agree to disagree then.  Carry on.

[Chris Z]

No reason this should have happened. The person in question had every right to carry the gun in the open...

However I will add that the open carrier should have known that was the reaction he was going to get, and  he got what he was seeking....... Attention.

Me, I'd rather not have that attention. I will fight the Omaha Police and their law breaking, unconstitutional treatment of firearms owners from across the county line..... I'm not going over their to provoke an Officer on the street. Officers on the street have enough BS to deal with. OPD treats Open carriers just as friendly as the one was in this story.

Let me be clear when I refer to OPD, I am not bad-mouthing the many good men and women on the street who get it, they unfortunately work for a city who has piss-poor leadership. OPD has done a banner job over the last two years of making themselves look silly to the Citizens, Legislature and Attorney General with their illegal actions against  firearms owners.