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Old 02-25-2013
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Fat1Fared Fat1Fared is offline
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Ok, so I watched the video; appealing legal analyse to the case:

Facts:

The guy's gun was on public display, as we can deduce from the fact people felt the need to report him.

The police-officer stopped him to ascertain why he was wondering about with his substitute-dick on the display.

He claims this is illegal.

Legal issues

Stopped without due-cause
Request for identification without legal right
False imprisonment

Law: Now, due to the officers' uniforms and cars, I am guessing this is LA; this is important because There you can carry a 'concealed' gun with a permit, and it is illegal to openly carry any loaded weapon. PS Ironically, the concealed part does not differentiate between loaded and unloaded, so in theory, a concealed unloaded gun is more likely to be illegal than a openly held unloaded gun...erm...derp.

This means that if, as is logically deductible from the facts, this gentlemen's loaded gun (I think it was loaded) is on display, then the officer has every right to stop him and ask for his identification, and even charge him.

Now, if this is not LA or the gun is not loaded, then there is still threatening behaviour (which I suspect is in most, if not all states a crime of some description), and walking down the street with your gun out on open display has caused people to feel alarm, thus the police-officer is under a duty to investigate that as their is a public safety threat. Now, it may be that it would not be enough to charge him, but that is why this is an investigation, not a charge (derp), but it would certainly be enough to fulfill the very low bar for reason suspicion to stop and question him, once that bar is passed, then he is allowed to request your license for your gun, as for the ID, well yes, you are allowed to refuse, if you refuse, you are not obstructing him in the course of his duty, but here is a better object, just do not go round with your gun out ass-hole.

The officer here clearly did not really know how to handle the situation, but he did nothing wrong and was probably just tired from having to deal with twits like this guy, who actually seems to think we should kiss his ass for being an ass-hole. This guy needs to get over himself and that is coming from me, another stuck-up Law student. [ Actually, on the whole, I hate Law students, I rarely, if ever, hung out with any of the other Law students on my course; you think I am pretentious prick, one of these guys once cried because a girl he knew got 2% higher than him on his coursework. ]

PS If your friends hate US law, then they will loath our law, where judges have basically said, yes police should follow procedure, but if breaking procedure prevents a crime, then the ends justify the aims. <<
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