dave ridley harassed for open carry

[mvpel]

A cop has as much right to ask you a question on the street as anyone else, be it for directions, spare change, the time, or whatever else he might dream up.  You don't have to answer him very much more than you have to answer the local panhandler.

[lildog]

One question Dave failed to ask was whether or not he was being charged with anything.  I would have asked that from the start and if they correctly said no then I would say then am I free to leave.

[J’raxis 270145]

One question Dave failed to ask was whether or not he was being charged with anything.  I would have asked that from the start and if they correctly said no then I would say then am I free to leave.

Asking them explicitly if you're being detained, or if you're free to leave, is also a good tactic.

[lildog]

Just put a quick write up on the story here:
http://www.nhinsider.com/richard-barnes/you-have-rights-as-long-as-you-dont-use-them.html

[EthanAllen]

One question Dave failed to ask was whether or not he was being charged with anything.  I would have asked that from the start and if they correctly said no then I would say then am I free to leave.

Asking them explicitly if you're being detained, or if you're free to leave, is also a good tactic.

It seemed to me that the state trooper dressed in green did not know what the law was because he was from the DMV. The police officer from Manchester who later took him aside obviously set him straight that Dave did not have to answer any questions besides give his name and his place of residency (I assume Dave has this correct).

Interestingly, the Manchester officer believed that this was some sort of protest that everyone had gathered for prior to Dave being stopped as he told them the rules of the use of the sidewalk for protest - no ore than three across the sidewalk, have to keep moving, etc.

It might be more helpful if Dave's phone was actually a speaker phone model so he doesn't have to hold it to his ear during the conversation.

[J’raxis 270145]

Interestingly, the Manchester officer believed that this was some sort of protest that everyone had gathered for prior to Dave being stopped as he told them the rules of the use of the sidewalk for protest - no ore than three across the sidewalk, have to keep moving, etc.

Yeah, they apparently thought the signs up on the utility pole—for a Girl Scouts car wash if I remember correctly—were his, and demanded he take them down. Geniuses...

[Russell Kanning]

and even after realizing they had nothing to do with the situation .... the guy said they didn't have permission (how did he know?) and wanted someone to take them down .... which I am sure they did after they caught up on their coffee drinking.

[dalebert]

Just put a quick write up on the story here:
http://www.nhinsider.com/richard-barnes/you-have-rights-as-long-as-you-dont-use-them.html

The page /richard-barnes/you-have-rights-as-long-as-you-dont-use-them.html could not be located on this website.

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[dalebert]

From a private email to me after I sent out the video link:
> Hey Dale,
>
> I would be careful if I were you regarding this article.  In the related
> videos column on the right side are quite a few anti-Semitic clips.  It
> doesn't look good.

That's really weird. Thanx for pointing that out. I need to find out
how the Hell those videos are considered "related". I never heard of
JewishNWO and none of those have anything to do with FSP. I'll bring
this up to the others FSPers and see if we can figure out the process
YouTube uses to categorize another video as "related".
That's really fishy.

[Quantrill]

The point that should be made here is that Dave has an 'absolute' Right to open carry without being questioned.  Along with this Absolute Right is a state law that states Dave has a right to open carry.

Does anybody know which laws/statutes talk about the right to open carry?  I'm interested in state laws and any Manchester laws that address this issue...


Also, I'm wondering if this is a way around the "wiretapping" law that prevents recording the police.  Dave was speaking into his phone, so he was not recording the police.  Any outside noises that appear in the conversation should not be prohibited under the wiretapping law.  Am I interpreting this correctly? 

Although the audio from the camcorder was probably 'illegal', right?

[ny2nh]

CHAPTER 159
PISTOLS AND REVOLVERS
Section 159:1
    159:1 Definition. – Pistol or revolver, as used herein, means any firearm with barrel less than 16 inches in length. It does not include antique pistols, gun canes, or revolvers. An antique pistol, gun cane, or revolver, for the purposes of this chapter, means any pistol, gun cane, or revolver utilizing an early type of ignition, including, but not limited to, flintlocks, wheel locks, matchlocks, percussions and pin-fire, but no pistol, gun cane, or revolver which utilizes readily available center fire or rim-fire cartridges which are in common, current use shall be deemed to be an antique pistol, gun cane, or revolver. Nothing in this section shall prevent antique pistols, gun canes, or revolvers from being owned or transferred by museums, antique or arms collectors, or licensed gun dealers at auctions, gun shows, or private premises provided such ownership or transfer does not conflict with federal statutes.

CHAPTER 159
PISTOLS AND REVOLVERS
Section 159:4
    159:4 Carrying Without License. – No person shall carry a loaded pistol or revolver in any vehicle or concealed upon his person, except in his dwelling, house or place of business, without a valid license therefor as hereinafter provided. A loaded pistol or revolver shall include any pistol or revolver with a magazine, cylinder, chamber or clip in which there are loaded cartridges. Whoever violates the provisions of this section shall, for the first such offense, be guilty of a misdemeanor. For the second and for each subsequent violation of the provisions of this section, such person shall be guilty of a class B felony, provided such second or subsequent violation has occurred within 7 years of the previous conviction.

CHAPTER 159
PISTOLS AND REVOLVERS
Section 159:5
    159:5 Exceptions. – The provisions of RSA 159:3 and 4 shall not apply to marshals, sheriffs, policemen or other duly appointed peace and other law enforcement officers, or bailiffs and court officers responsible for court security; nor to the regular and ordinary transportation of pistols or revolvers as merchandise, nor to members of the armed services of the United States when on duty; nor to the national guard when on duty; nor to organizations by law authorized to purchase or receive such weapons; nor to duly authorized military or civil organizations when parading, or the members thereof when at, or going to or from, their customary places of assembly.

CHAPTER 159
PISTOLS AND REVOLVERS
Section 159:6
    159:6 License to Carry. –
    I. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or city, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than 4 years from the date of issue, if it appears that the applicant has good reason to fear injury to the applicant's person or property or has any proper purpose, and that the applicant is a suitable person to be licensed. Hunting, target shooting, or self-defense shall be considered a proper purpose. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved by the people issuing the same for 4 years. When required, license renewal shall take place within the month of the fourth anniversary of the license holder's date of birth following the date of issuance. The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. The fee for licenses issued to residents of the state shall be $10, which fee shall be for the use of the law enforcement department of the town granting said licenses; the fee for licenses granted to out-of-state residents shall be $20, which fee shall be for the use of the state. The director of state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application for such licenses and to supply the same to officials of the cities and towns authorized to issue the licenses. No other forms shall be used by officials of cities and towns. The cost of the forms shall be paid out of the fees received from nonresident licenses.
    II. No photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant.

[EthanAllen]

and even after realizing they had nothing to do with the situation .... the guy said they didn't have permission (how did he know?) and wanted someone to take them down .... which I am sure they did after they caught up on their coffee drinking.

I don't believe anyone has "permission" to post a sign on the crosswalk lights.

[lildog]

Interestingly, the Manchester officer believed that this was some sort of protest that everyone had gathered for prior to Dave being stopped as he told them the rules of the use of the sidewalk for protest - no ore than three across the sidewalk, have to keep moving, etc.

Freedom of assembly?  Nah!

[lildog]

Just put a quick write up on the story here:
http://www.nhinsider.com/richard-barnes/you-have-rights-as-long-as-you-dont-use-them.html

The page /richard-barnes/you-have-rights-as-long-as-you-dont-use-them.html could not be located on this website.

We recommend using the navigation bar to get back on track within our site. If you feel you have reached this page in error, please contact a site operator. Thank you!

Hmmm, not sure what happened.

You can backdoor to it here:
http://www.nhinsider.com/richard-barnes/

Currently it's the top article (until I write another one).

[EthanAllen]

Interestingly, the Manchester officer believed that this was some sort of protest that everyone had gathered for prior to Dave being stopped as he told them the rules of the use of the sidewalk for protest - no ore than three across the sidewalk, have to keep moving, etc.

Freedom of assembly?  Nah!

On a sidewalk you have to continue to move otherwise you are infringing on the rights of other individuals to use of the common right of way that is contained within the sidewalk.