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Old June 14, 2010, 01:23 PM   #16
Sefner
Senior Member
 
Join Date: June 24, 2009
Location: Michigan
Posts: 769
Quote:
I think the cops have a very legitamate point. How are they supposed to know they aren't felons, using the open carry laws to legally/illegally walk into a public place and shoot it up?
It is a legitimate point. But it is not what the law states. One good counter-example is a guy walking down the street holding hands with a 6 or 7 year old girl. Are the police to stop that man and make sure he's not sexually assaulting that girl? They can't because they must have probable cause that a crime is about to be committed. In MI, open carrying a firearm is a legal activity and there is a Supreme Court case that says that OCing is not reasonable suspicion. Another example might be the police stopping a government protester on the street and demanding proof that they are not committing treason or sedition and that their speech is not "fighting words" or "yelling fire in a crowded theater".

Now, does that mean the cops can't ask for ID? Not at all, it only means that people are not required to provide it. Had the officer approached them in a calmer manner it might have turned out differently.

Now, had the police reason to believe a crime was about to be committed (that guy has 10 magazines on him, is walking around talking to himself, staring at kids weird, stumbling around, has slurred speech), then they can stop him and ask for ID. If he is drunk he gets charged with public drunkness, illegally carrying a firearm, disorderly conduct, failure to provide ID (or interfering with an investigation) etc etc.
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