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Man Arrested for Open Carry In Park


Colorado Springs (Colo.) Police Department officers arrested a man in late July for openly carrying a handgun in a city park. Read the full story here.

August 15, 2012
4501 views

Tags: Colorado Springs PD, Open Carry, Citizen Video, Colorado


Comments (25)

Displaying 1 - 25 of 25

Bob@Az. @ 8/15/2012 2:25 PM

i gotta agree with the gentleman on the BS harassment. Nobody bothered to verify the law as to open carry. Colorado allows open carry in parks, something a LEO working in that state should know. This man is a vet, not some little banger. Hope to hell this department gets their shit together.

PT @ 8/15/2012 6:03 PM

Stupid cops, but stupider law. Second Amendment, blah blah blah. The Constitution is not a suicide pact.

Tom @ 8/15/2012 6:53 PM

Calling the police department while the officers were there is kinda dumb as his part, just go ahead and get arrested and then file complaints and contact an attorney.

Darryl @ 8/15/2012 7:02 PM

Constitional law is a slippery slope specially the 2 nd amendment I don't agree that he should have been arrested and the fact the black sgt lost his bearing and threatend to kick the S$&t out of him . I do have a problem however that he outed himself as a gay who served and retired when only just resently was the law passed allowing gays to openly serve in the military ! But regardless there are to many nut cases out there get a CCW and that should be the end of it !

greg @ 8/15/2012 7:31 PM

I hope he sues and files IA complaints. Those officers give all le officers a bad name.

Thomas @ 8/15/2012 7:37 PM

Ignorance of the law is inexcusable for those LE officers on the scene, especially three to four Sergeants’ who should be better schooled in situations as this. This retired veteran was doing as others are doing throughout this country in defiance to overly oppressive LE officers who seem to have a phallic fantasy with there sidearm that appears to them that makes them a bigger man than what in fact they are in reality.

Then, add insult to injury out jumps the little black man posturing himself as a Sargent and forcefully states to the individual “You are about to get your ass wiped …” My opinion that napoleon sized black Sargent could not fight his way through a wet bag, and would not come close to being the person that the retired military member standing before him is.

When will LE personal get it? Read the “law”, study the law and understand it, don’t make your own rules as it pleases you. You are to “Protect and Serve” not terrorize law bidding citizens. I hope this man files a lawsuit against the city and wins big. Only then will LE understand they do not make up the law of the land, they are to abide by it.

Michael @ 8/15/2012 10:06 PM

Looking at the city law of Colorado Springs, it's pretty clear what the laws are. Firearms are not allowed in city parks. Anyone wishing to carry a firearm should always check local laws before carrying in a different state than their residence. This guy didn't check the local laws and was arrested for carrying in a city park. His argument that he was leaving and shouldn't have been stopped because he was leaving and no signs were displayed is invalid. The laws are the laws whether they're posted or not.. all handgun owners should make it their duty to know the law of where they are and how it relates to their 2nd amendment rights. Leaving an area doesn't negate that he had been in the park and violating the law.

Nyx @ 8/15/2012 10:08 PM

This is how they act all the time (with the exception of a few who know better). I live in Cos. I deal with these guys. They are ALWAYS out strutting their 'stuff'. Drives me nuts and I'm not the only one.

For the record, there are no signs posted about not allowing weapons in this park, and there is no statute saying you cannot carry in city parks. I believe that the only place you cannot carry in the state of Colorado is downtown Denver on certain days and hours. (which, although I'm sure they cannot legally uphold this, as it is a violation of the 2nd amendment, I actually kind of agree with. Too many drunk idiots.) My buddies and I open carry down there a lot on Friday and Saturday nights, and we have never had a problem.

With all that said... A CCW(Concealed Carry Permit) would have prevented this from ever happening. Just saying. And it looks to me like that weapon could have easily been concealed.

Bumper @ 8/16/2012 6:17 AM

Colorado Springs will be paying!

Bob@Az. @ 8/16/2012 9:08 AM

Michael: May want to double check those statutes as Colorado allows open carry in parks. The Officers should have verified this. Bad scene for all.

Max @ 8/16/2012 5:10 PM

Poor ignorant cops.... this guy should be rich after his lawsuit.. every cop involved should be fired for aggravated stupidity....

Blaine @ 8/16/2012 6:44 PM

After your officers have violated the laws and a person's civil rights is too late to train them in the Constitution and other laws they're sworn to follow.

That said, I think open carry is silly -- even where legal.

We need smarter voters.

Jack Waters @ 8/16/2012 8:26 PM

I have a number of problems with this scenario. As a retired sergeant, I do not understand why an officer would spend 13 minutes talking to this man who is getting more and more agitated and let him keep the gun. I would have said, "The fact you are carrying a gun in these crowds is suspicious. I am taking your gun while you are being temporarily detained for a warrants and records check. When I am finished, you will get the gun back." If he resisted my temporary detention, I would have arrested him for Obstructing an Officer in the Performance of a Lawful Duty. If he didn't resist and his name showed to wants or warrants, I would have given the gun back and asked him nicely to not carry it in crowded potentially volatile situations. We cannot make up our own laws. We have to use what we have. Our state's laws are tools as important as our ball point pens and guns. We need to study them and make sure, in advance, that we understand them.

Eric @ 8/16/2012 9:41 PM

@Tripwire
Disorderly conduct,
The section that pertains to displaying a deadly weapon in a public place ... like a park. Question is ... did people feel threatened?

Rob @ 8/17/2012 4:20 AM

Colorado open carry applies to Colorado citizens. As a holder of another state's concealed carry permit you cannot carry open in Colorado. All others must comply to concealed carry requirements of the concealed carry law, such as being concealed.

Tony @ 8/17/2012 7:45 AM

I have to agree with Jack, hold his gun until he checks out clear. I thought the officers showed restraint and it's obvious this guy was trying to incite the crowd. Shame on him for trying to make this a discriminatory issue "because he's gay". It was because he was armed. If the law allowed him to carry, then he should be able to show a valid carry card. The officers at the park were there to protect the people. They didn't single him out for no other reason then he was armed. Luckily they limited their liability exposure by not overreacting to this guys attention getting raised voice. Unfortunately when they handcuff him they need to have probale cause to arrest. If the law didn't provide the probable cause then they could be exposed to litigation. The guy will get a small payout and pay a lawyer 1/3rd, he won't get rich over this. We are dealing with a new norm. With video like this it teaches people to be resistive to authority. I thought I heard that he served in the military. Any respect I would have had for him, he lost in how he over-reacted.

Charles @ 8/17/2012 10:52 PM



Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

This is the right that protects all our other rights as laid out in the consitution, any attempt to regulate or restrict this or any other right is a direct violation of our constitutional rights. These are the reasons why the founding fathers intended this right to be utilized by this nations citizens;

1) Deterring tyrannical government;
2) Repelling invasion;
3) Suppressing insurrection
4) Facilitating a natural right of self defense;
5) Participating in law enforcement;
6) Enabling the people to organize a militia system.

Final word from Thomas Jefferson.

When governments fear the people, there is liberty. When the people fear the government, there is tyranny. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government. - Thomas Jefferson (1743-1826), US Founding Father, drafted the Declaration of Independence, 3rd US President of the United States.

Retired, but knew the law @ 8/19/2012 11:23 AM

WHY!?!? Does this shit keep happening? Not to mention the West Point graduate murdered in LV at a Costco a few months back.
Hoplaphobia has gotten completely out of control. When will these cops (and the general public, for that matter..) grasp that carrying a weapon does not equal a violent person.

S Michael DeHart @ 8/19/2012 2:25 PM

Absolutely ridiculous!! Should have never happened.

Stan @ 8/20/2012 5:27 PM

Again this video as most that are posted may or may not tell the entire story. If there is a city ordience that prohibits firearms in the park than he is in violation. If there isn't than he should be released. If he is in violation issue a citation a release. No sign has to be posted but this turned into a stand off that didn't have to happen. It appears it all began with his uncooperative attitude, when he was asked for ID .

Your Kidding @ 8/20/2012 7:36 PM

Over the last 5 yrs, I've seen to much "BS" like this. Our Community Police Forces are being trained now to act as a "National Police Force". Anyone not in their club is their enemy, & they have no problems shooting to kill (They only shoot to kill now).. This Legally Open Carrying Citizen was right on the money, & I don't open carry yet.. I have a CCW permit, but the more crap like this I see, the more I think I should open carry. The cops act like they are the only ones allowed to carry for "Their" defense. They don't carry for defend us.. Most homicides that occur, there's no badge, or gun anywhere around. So don't tell me they carry for our protection because thats BS. The only ones that can protect me, & my loved ones are me. Last year when my neighbor was gunned down with her 5 yr old standing next to her.. No cop's were there to save her.. DEAD. Heck, I walked right behind the Ex-Boyfriend that put 6 rounds in her.. trying to get to the crying little boy. Took the cops (1) 5 minutes (pop. 65,000 people) to roll up with no lites or siren,.. he didn't even approach the mom to make sure she was alive or dead. I determined that. It seems to me that the National Police Force that's being formed are diving us citizens against them. From the police abuses I have seen.. thanks to video.. I really feel the police are pushing for confrontations so they have excuses to use those toys they like to play with at our expense. IMO.. this legally open carry citizen handled this situation more professional then the bullies with badges

Random @ 9/9/2012 3:07 AM

Grandiose statements are not appreciated. Please keep to the article & maybe comment upon practical solutions or even legal theory. Maybe could go to CNN.com and comment ?

Dave @ 1/24/2013 4:09 PM

Wow, having a gun equates to murdering someone. That from the cop who approached the situation and told the guy he was going to get the shit kicked out of him. Badge heavy and illegal. Granted the dude provoked them...but did so legally.

RC Littlebear @ 5/26/2013 7:15 AM

As an Army Sgt. my not knowing rules and regulations would be inexcusable,and these clowns are responsible for public safety???

William O @ 10/3/2014 1:38 PM

FUCK YOU STUPID SGT.

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