In an incredible video a man is stopped for carrying a firearm openly and legally in Portland Maine. To his credit, Portland PD officer J. McDonald, was polite. However, He was dead wrong to have stopped the man in question. The conversation was straightforward and not heated, which is how it should be, though this conversation should have never happened since it was not illegal for the man to be carrying his weapon.
Because people have a problem with someone carrying a firearm in public does not make it illegal, nor does it give police the authority to detain someone for doing what is legal.
The gentleman cites Delaware v Prouse for being detained without suspicion of any criminal activity.
He then cites US v DeBerry to demonstrate the officer’s reason for detaining him was illegal.
Terry v Ohio is cited because the officer seized his weapon with no reasonable suspicion that the man in question had actually committed a crime.
Finally without reasonable suspicion of committing a crime, the officer then asks for the man’s ID which violates Hiibel v Nevada.
Once the officer’s supervisor arrived, the man appealed to him for his weapon and was given it back and on his way.
Not only should the officer learn these laws so that he will not violate them, but gun owners need to know these laws to protect themselves.