NH - Wrongful Arrest for Open Carry and Corrective Action

[Len-2A Training]

Very worthwhile to read this story of a "wrongful arrest" in NH for open carry, the chief (friend of arrestee) backing him up, and potential corrective action to be taken by arresting officer.

http://www.combatcarry.com/vbulletin/showthread.php?t=11466

This is a very worthwhile forum to belong to as well as here. Lots of good info on concealed carry there.

If this happened in MA, the wrongfully arrested party would always have an arrest record to haunt him to his dying day and he'd never get an opportunity to demand corrective action for the arresting officer that might just get that officer "to see the light".

 

[JonJ]

Dang, you have to be a member to read it
Is there a link to a news article somewhere?

 

[matt]

Dang, you have to be a member to read it
Is there a link to a news article somewhere?

It's free.

Posted by "DMan", July 3, 2006:

Was wrongfully arrested - ball in my court

--------------------------------------------------------------------------------

I am making this post on two different sites to get as much feedback as possible.

I am seeking some advice on formally educating a LEO officer after the following incident.

Several weeks ago I was open carrying (legal in my state) and I was confronted, handcuffed and placed under arrest. I tried to explain to the officer that open carry was legal in NH, and he was quiet sure that it wasn’t, and he was very rude in the process calling me “ignorant” on the law, along with the general sermon that one can expect on why guns are dangerous for those not in law enforcement to carry. Well, as it turns out I happen to be good friends with the Police Chief of the town were this occurred, and when he heard of what happened (my lawyer called him) he came in to talk with me. I explained what happened and after he heard his officer out, he assured me that I was in the correct in the law and that charges would be dropped, but the officer was refusing to let it go. This led to some legal issues. These issues are now resolved and I have had a long talk with the police chief and with my lawyer present we talked with the arresting officer (and his lawyer) and we came to a resolution. With the blessings of the police chief, I threatened a law suite, but would agree to not pursue the lawsuit IF the arresting officer went through some extensive training regarding the right to carry, 2nd amendment etc, as well as not having anything on his record for this false arrest.

Now that the legal stuff has been cleared, I have until Monday to provide a training program for the officer (pending approval by him and his lawyer). We have agreed to the officer taking 20 hours of training. In this state there is requirement to take a course but I have made arrangements with a gentleman who has taught in Virginia extensively, and now lives here. He informs me that with this officer, he can take up 4 to 6 hours of the 20 hours agreed upon.

The question is, what should I propose? I have this LEO over the barrel. If we can’t agree on what he can take, then the lawsuit can be followed through on along with a permanent letter of reprimand in his file, but I don’t want to do this because the Chief is a friend of mine (and 2A friendly). He has been in my corner the whole way, and I want to try to convert an anti LEO into a pro. Something I think I can accomplish.

So any suggestions on what to suggest for 2A training?

http://www.combatcarry.com/vbulletin/showthread.php?t=11466

 

[MarkM]

Dang, you have to be a member to read it
Is there a link to a news article somewhere?

You should join the forum Jon, it's a good one.

 

[JonJ]

You should join the forum Jon, it's a good one.

Ya but I belong to so many now. The trouble is, they don't let you read anything as a guest to see if it is worthwhile.
But if you all say it's so good

 

[dreppucci007]

Wow, what a story! I've been trying to go to the site, but I can't seem to get it to load. I'll try later.

 

[Len-2A Training]

CombatCarry.com is absolutely one of the best sites out there! Their focus is different from ours on NES, but they are likewise a superb group of folks.

Well worth registering for if that is required. I've been a member for quite a while and Beta tested that site when they migrated the software. It's essentially the same software as Derek is using here.

Sorry but I didn't realize you had to register to read it, or I would have advised folks to join up!

 

[SiameseRat]

The cop must have been a recent transfer from Boston PD...

 

[JellyFish]

How can he a be a cop and not know it's legal? WTF? Don't these guys get any kind of training???

 

[rscalzo]

Open carry seems to be a clouded issue up here. I've heard statements from both sides of the issue from members of my club. The majority of our club members do not want to push the issue. Laws can be changed very quickly.

 

[Rob Boudrie]

Open carry seems to be a clouded issue up here. I've heard statements from both sides of the issue from members of my club. The majority of our club members do not want to push the issue. Laws can be changed very quickly.

Open Carry of long guns in CA was outlawed because some politically active groups in the 60's started to exercise that right.

 

[drgrant]

That guys post is disturbing-

OK, so he gets falsley arrested, and then wants to sue the cop, because the
cop insists on being an ass about it (instead of just apologizing to the
guy, admitting he made a mistake, and letting that be that) and now
he wants to drop the lawsuit if theyll send the cop to the gun equivalent
of "sensitivity training" ?

I don't get it. Frankly if the cop is going to be an ass, he should be
punished. It sounds as if the cop here is pretty dead set against
non LEOs having firearms, so I don't think any "training" is going to
help him.

Either that or the poster has omitted details as to what really
transpired. That's kind of what I'm seeing here. Most people that
post about such incidents are usually a lot more verbose about details
than that guy was. (eg, the logic being, dont post anything to protect
yourself, or post -everything- so the data/experience may benefit
others).

-Mike

 

[Admin]

I agree 100% Mike.

 

[JonJ]

How can he a be a cop and not know it's legal? WTF? Don't these guys get any kind of training???

No, that's why we're indemnified

 

[KMaurer]

Open Carry of long guns in CA was outlawed because some politically active groups in the 60's started to exercise that right.

Things must have moved fairly slowly on that one. In the early 80's lot of people were doing end runs on the carry laws by keeping short rifles (e.g., Mini-14, Uzi, etc.) in their cars with loaded magazines right next to them. Based on what I hear from my brothers and some old friends, I strongly suspect that damn near everything not mandatory is forbidden by now in California.

Ken

 

[Arioch]

Most LEOs are not experts on the law. It's not their job, but that dosen't excuse them from bad or non-professional behavior.