law student with to much time...

[bigmountainskiercfg]

I don't know if you have seen this but... this makes me mad while he may be legal in doing so... Why would you not conceal carry and leave behind the cause for concern?

[CitizenClark]

.

[bigmountainskiercfg]

I just thinking openly carrying even when legal raises a "cause for concern".  The officer seemed to be doing his job and responding to the call, asking the "student" to provide ID that he was legal to carry.  I just have always thought it would be better to conceal than open carry.  IMO

[NENick]

I'm okay with this student doing what he did. When I step outside, I know that if joe blow sees my gun, he'll probably send OPD on a feeding frenzy/call. In which case, they'll be tossing me around more than this officer was. By taking that course of action, they have frightened us all into avoiding open carry/exercising our rights.

This student is doing the opposite. He's making an example out of this officer. These guys are watching these youtube videos just like the rest of us, and certainly will shy away from getting caught in this kind of trap. I just wish I was as well versed on my rights/legal jargon.

[CitizenClark]

I just thinking openly carrying even when legal raises a "cause for concern".  The officer seemed to be doing his job and responding to the call, asking the "student" to provide ID that he was legal to carry. 

The onus of proving I am entitled to exercise a fundamental human right shouldn't be on me. The burden of proof should be on the state agent who is attempting to deprive me of my liberty. I shouldn't have to carry a state-issued ID card to exercise a fundamental human right.

I just have always thought it would be better to conceal than open carry.  IMO

As a matter of personal practice, I very rarely open carry, and usually only do so when I am out hunting and don't want my sidearm buried under layers of cold weather gear. But I have absolutely zero problem with people open-carrying, I don't find it scary or offensive when people do so, and I think that normalizing the presence of private firearms in public places is a positive good.

[NENick]

I just thinking openly carrying even when legal raises a "cause for concern".

How can you say that? Can you tell me that you'd be just as frightened by an open carrier wearing slacks, a polo, and a smile, as you would joe dirtbag walking into a quickie mart with?

[Randy]

Good video, just an American citzen exercising his rights.

However ballsy that may be.

[00BUCK]

Good video, just an American citzen exercising his rights.

However ballsy that may be.

Agreed. I open carry sometimes and I'm prepared to deal with the BS when confronted by LEO. Somebody reported it and it is the LEO's job to make sure all is well in never never land. He shouldn't be hassled but in today's world you pretty much have to expect it. I'm all for open carry but making the situation worse when approached by an LEO was just foolish, and he was looking for that confrontation. A simple 3-5 minute conversation with the LEO without being so mouthy would have had a much better impact all the way around.

[bigmountainskiercfg]

How can you say that? Can you tell me that you'd be just as frightened by an open carrier wearing slacks, a polo, and a smile, as you would joe dirtbag walking into a quickie mart with?

I didn't say I would have a cause for concern.  I said "cause for concern" as that is probably what was called in that he had to check on and make sure the situation was fine.  I guess I am just was not proud of the way he handled the situation.  Definitely more ballsy then myself.  I think hunting while open carrying is completely different than openly carrying down main street.  Principal is the same but... circumstances are different IMO.

[Randy]

Principal is the same but... circumstances are different IMO.

Agree circumstances are diffrent in todays society but they should not be.

We the American firearm owner have allowed this to happen.

[CitizenClark]

.

[bullit]

Knowing that you Citizen Clark are an attorney, would you please answer a question my research gives varying answers to?  All things you, honest good guy walking down the street OCing....when a LEO asks to see your ID, are you required to provide such?  Even less than that are you required in some way to identify yourself i.e. give them your name?  My research indicates different states have varying laws.  What does Nebraska's say?  Thanks 

[cckyle]

bullit...I know I'm not Clark nor am I an attorney but I'll throw my 2 cents in. 
Nebraska is an "open carry state."  There are no laws/regulations regarding open carry of a firearm (at least state laws).  LEOs cannot just randomly stop you and request ID for no reason.  There would need to be something to the effect of reasonable suspicion you were involved in a crime.  Our streets are not random checkpoint areas where an LEO can stop you for no reason just to make sure you are up to no good.  Just like you can't be pulled over in a motor vehicle for no reason.  Since carrying a firearm openly is within your legal right it really is no different than carrying your cell phone, laptop, or any other object you are legally allow to possess and carry.  You wouldn't be stopped and hassled to give an LEO your ID for carrying any of those things. 

I haven't heard of this in Nebraska, but I have heard of people being charged with something to the effect of disturbing the peace or disorderly conduct due to open carrying.

Omaha is a different story.  You have to have an "open carry permit" to open carry unless you are already a CHP holder.  I do not know what the specific protocol is for Omaha police officers when they get a call that a man has a gun.  I bet though it involves stopping them, getting an ID, and ensuring they have an "open carry permit." 

[bullit]

cckyle....everything you've stated with regards to OC I am already familiar with and appreciate your reply.  OCing is not my concern.  That being said, a LEO can stop and request if they want to ...whether you have to comply with the request under NE law is my question. 
As the video in the OP is our example..."a man with a gun" call goes in to dispatch....they PO PO respond and request your "papers"...then back to my question.....

[CitizenClark]

Knowing that you Citizen Clark are an attorney, would you please answer a question my research gives varying answers to?  All things you, honest good guy walking down the street OCing....when a LEO asks to see your ID, are you required to provide such?  Even less than that are you required in some way to identify yourself i.e. give them your name?  My research indicates different states have varying laws.  What does Nebraska's say?  Thanks 

This is not a topic on which I have done extensive research, so I would caution you not to rely on this information as legal advice. However I think you will find this Wikipedia article informative, and it is correct so far as I have been able to ascertain in my limited research: http://en.wikipedia.org/wiki/Stop_and_identify_statutes#Variations_in_.E2.80.9Cstop_and_identify.E2.80.9D_laws

I think that the police officer needs to have some reasonable basis for believing that the person has committed, is committing, or is about to commit a crime, but I would want to confirm that with a criminal defense specialist before I would feel comfortable telling you that is the way that it is.

[A-FIXER]

Or is it that it is so..... ingrained by removal of our rights that we see this as give them what they want?

[A-FIXER]

Ok here a post from warmboots post


When the people fear their government,  there is tyranny.
   When the government fears the people,  there is liberty. 
-- Thomas Jefferson

 
 During times of universal deceit,  telling the truth 
 becomes a revolutionary act.  -- George Orwell

sums it up for me
 
 
 First they ignore you, then they ridicule you, then they fight you,
then you win.  -- Mahatma Gandhi

[LM4202]

Omaha is a different story.  You have to have an "open carry permit" to open carry unless you are already a CHP holder.  I do not know what the specific protocol is for Omaha police officers when they get a call that a man has a gun.  I bet though it involves stopping them, getting an ID, and ensuring they have an "open carry permit." 

It's not just going to be a man with a gun call.  When people call 911,  they usually embellish the story to:  "Man waving a gun around" or "Man with a gun threatening people".   If you don't think people lie to the 911 call takers, think again.   Heck, people call 911 and report shots fired just to get the police there faster for just a regular disturbance call.   The officers will to make sure the scene is safe and foremost.  They have no idea that the man with the gun has some sort of mental issue, or was waving it around, or threatening people with it, or is some sort of felon in possession of a gun, etc.  They won't know that until they get there and check the party's identification. 

[DanClrk51]

What the police are doing is illegal. Carrying a gun around in and of itself is not and should NOT be cause for concern. I applaud this individual for educating the police. The police need to stop the illegal crap and let people exercise their constitutional rights.

[bigmountainskiercfg]

http://www.viddler.com/v/8539d6f5

IMO this officer handled the situation a lot better.