http://www.examiner.com/x-5619-Atlan...awful-carriers

I cant understand the action of the court in approving the officer's assault of the citizen

UPDATE:


http://www.courthousenews.com/2009/12/29/23202.htm
The attorney was NOT the Attorney General from Georgia. The attorney was a criminal defense attorney from Massachusetts, and the event took place in Massachusetts.

http://www.associatedcontent.com/art..._list_and.html
http://www.mass.gov/dfwele/dfw/educa...d_gun_laws.htm
Open carry is legal in Massachusetts if licensed. Class B is Mass' "simple" license that permits only open carry of small cap handguns. Class A permits concealed carry + large cap handguns.

SO...if the attorney had a license to CC, then he must've had a Class A license, which also permits OC. It appears to be the preference of the individual. Further, it means that OC v. CC does not matter. Since Schubert was permitted to carry open or concealed, so the gun being noticed did not matter.

Now that we can all see the guy was carrying legally, what about the cop's actions?

1) Stern couldnt verify the license because it took too long. Is that the fault of the state, or the citizen? I agree that it's reasonably prudent to check the validity of a license.

2) Stern initiated contact by pointing a firearm at an unsuspecting citizen. That seems too reactionary, and both parties could've had a better encounter had the officer approached w/caution instead of in combat mode.

3) Stern apparently "... told Schubert that he (Stern) was the only person allowed to carry a weapon on his beat."
http://caselaw.lp.findlaw.com/cgi-bi...cket&no=091370


What I see: The state took a citizen's gun because they "couldn't verify" his license. What happens when the "database goes down," and we're all stopped "under suspicion." Secondly, specific to this case, Stern apparently has no respect for the written law given his "I'm the only person allowed to carry" statement. He appears to have disdain for citizens that are responsible enough to obtain a license and carry a firearm.

 

this is exactly why i will NOT get my ccw permit.

 

I dunno... the US is starting to get turn slightly into a royal dictatorship. -- In any case, it's not freedom nor is it peace.

 

Its gonna be hell when one of them dumb cops gets shot and killed for pulling his gun and POINTING the ****er at a unprovoked civilian, let alone his HEAD!

My daddy always told me if your going to aim the gun, you might as well shoot, your threatening his life at that very moment.

 

"Welcome to the new "right" to bear arms."

WTF!

 

They need to put the CCW on the state ID or driver's license so it cannot be mistaken for a forgery. Either way though the officer has the right to protect himself, so that's why he did what he did. Better for him to err on the side of caution for his own personal safety. Think about it.

 

no way stealth! all cops are egomaniac power hungry dbags!!

 

^ agreed! Mine is on my drivers ID. I can't believe that! That really pisses me off just reading about it!!!

 

 

As I read the article, apparently the attorney from Georgia was in Mass. and carrying a firearm. Unless you read something else here:
The problem for Officer Stern was that there is no way to do so in Massachusetts, where this incident occurred. As a result, the court held that Officer Stern "sensibly opted to terminate the stop and release Schubert, but retain the weapon."

Not knowing the carry rights in any state will get you into trouble and frankly, if yer not from a particular state and you decide you're gonna carry- yer an idiot. They have no way to check your CC License and it's pretty easy to make a fake one. I'd have to disagree with all cops being ego challenged. There are some that have no business wearing the badge but most are pretty down to earth kinda people. While I agree that it could have been handled differently, from the articles information, the cop did not cross the line anywhere. Where's Risupercrew when ya need 'im!

 

i thought concealed carry meant CONCEALED carry... if it was under his jacket, how did the cop see it?

 

I am getting my concealed, but I would never carry it in another state. Only the state of the license. You are just asking for trouble if you do.

 

There's a key word that the citizen failed to understand fully. That word is concealed.

 

That gives the cop the right to endanger the civilians life? That gun IS loaded, and his finger is most likely lightly touching that trigger already, oh and didnt they say it was aimed at his head? I dunno, if your worried about someone elses gun, pointing yours at their head might not be the best thing to do...

 

You fail to understand the complete issue. You're dwelling on one aspect, which is only a personal opinion. In your opinion the officer is at fault for doing his job.