Oregon Open Carrier Wins Settlement After Being Illegally Detained
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The open carry movement continue to polarize both the general public and even members of the pro-gun community.
Some gun rights activists say that it’s important to exercise all rights, including open carry as well as using the opportunity to educate the general public. Others say it attracts unwanted attention and hurts other gun rights movements.
Whatever side you fall on, openly carrying a firearm is legal in numerous states, without a permit in many cases (check your local laws).
One Oregon man has just won a case for the open carry movement.
According to the Gazette Times,
The city’s insurance carrier paid a man $5,000 last month to settle a lawsuit following a federal judge’s opinion that a Corvallis police officer unlawfully detained and searched the man two years ago as he was retrieving his mail — and openly carrying a gun.
Kevin Hall, who has since moved from Corvallis to Alpine, represented himself in the lawsuit, which he launched Oct. 9, 2012, two weeks shy of the one-year deadline to file.
The 31-year-old software developer and Monroe volunteer firefighter said he was walking the less than 200 feet to his house after retrieving his mail in the early afternoon on Oct. 26, 2011, when Corvallis Police Officer James Dodge pulled up, got out of his patrol car and approached him.
The officer who approached Hall told him he was being detained, patted him down and ran his name to check for warrants after seizing a piece of mail from Hall with his name on it.
The court agreed with Hall that the mere presence of a weapon was not enough of a reason for the officer to detain him.