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Old October 6, 2010, 03:35 PM   #85
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 18,468
Quote:
With the internet, we all have access to the code. That isn't really the question though.

If CT's department instructs its people to cite and arrest for brandishing when they see open carry, CT's personal interpretation of the code may not matter much.
What about "officer discretion"?

The law says "Thou shalt not exceed the speed limit." The law (actually, regulations pursuant to law, but we'll keep it simple) also sets forth penalties for speeding. We all know that police officers exercise what they like to call "officer discretion" when they make a traffic stop. If you mouth off they give you the ticket, plus they look for burned out taillights and anything else they can find. Act polite and they might give you a warning, or enter a lower speed than they actually observed so the ticket will cost you a few bucks less. If you have a good excuse, they might just wish you a good day and wave you on.

But in all cases you were speeding.

So why is it that police (in general) don't seem to apply this magic wand of "officer discretion" to things like open carry, or accidental display due to wind? Maybe it's just me, but it seems to me that if they can apply "officer discretion" to a speeding offense (or is that an "infraction"?), they could equally well apply it to an open carry or accidental display incident. That they (generally) do not tells me that they are (generally) antithetical to civilian carry of firearms.
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