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A question for our LEO's

n/an/a Member Posts: 168,427
edited May 2007 in General Discussion
This relates to the raceing problem with my nieghbors.

If I am out on my property shooting video of this going on. I will not step foot off my property.

But with the history of things allready getting physical I am thinking of precautions.

Would it be considered a threat if I am recording video of this while wearing a side arm?

I would in no way reach for it (unless of course they came at me with a weapon of some sort) or anything like that. I would carry this in the open as a deturant to keep things from getting physical again as these are the type of people who would get that way when they know I am shooting video.

I also know for a fact that open carry IS legal while on my property.

I just do not want to take any chances that this might be considered a threat on my part by doing this.

Comments

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    Mr. GunzMr. Gunz Member Posts: 1,621 ✭✭✭
    edited November -1
    no...not at all unless you start pointing it at them in a menecing manner...if your not threataned
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    n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by Mr. Gunz
    no...not at all unless you start pointing it at them in a menecing manner...if your not threataned
    Thats what I was thinking. I just wanted to be sure.[:D]
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    spanielsellsspanielsells Member Posts: 12,498
    edited November -1
    I'm not a LEO. However, I did receive this answer from a LEO:

    While it is perfectly legal to carry openly, if I am carrying openly and someone is disturbed by my action of carrying openly, LEOs have the right and obligation to pull me aside and talk to me. It might happen quite a bit. It might happen a lot. How I am approached might not be pleasant. It might be more trouble than it is worth.

    And, FWIW, I still carry openly. I have a LEO that lives right across the driveway from me (I'm in a townhouse complex). He knows I enjoy guns and it doesn't bother him in the least. Sometimes, he comes over to see what I'm cleaning and we chat.

    I've yet to be harassed by a LEO simply for carrying openly.
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    n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by spanielsells
    I'm not a LEO. However, I did receive this answer from a LEO:

    While it is perfectly legal to carry openly, if I am carrying openly and someone is disturbed by my action of carrying openly, LEOs have the right and obligation to pull me aside and talk to me. It might happen quite a bit. It might happen a lot. How I am approached might not be pleasant. It might be more trouble than it is worth.

    And, FWIW, I still carry openly. I have a LEO that lives right across the driveway from me (I'm in a townhouse complex). He knows I enjoy guns and it doesn't bother him in the least. Sometimes, he comes over to see what I'm cleaning and we chat.

    I've yet to be harassed by a LEO simply for carrying openly.
    Our state does not allow open carry except for certian surcumstances (to and from the range or hunting grounds). But a persons property is exempt from this and is 100% legal to carry openly.

    I only was checking because since things went to a physical level once I do not want my actions of carrying openly to be able to be used agaist me saying that it can be a threat against them.

    Just a matter of CYA!
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    nunnnunn Forums Admins, Member, Moderator Posts: 36,013 ******
    edited November -1
    Being prepared for trouble and looking for trouble are two different concepts, but looking at a situation from outside, after the fact, a jury might get the two confused.

    In your situation, I might try to shoot my video from a concealed position. If that is not possible, and if I still felt the situation might escalate into deadly force, I might shoot my video from a visible position, visibly unarmed, and have an armed friend nearby in a concealed position.
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    n/an/a Member Posts: 168,427
    edited November -1
    Good point Nunn. Thank you!

    I guess that I could shoot this video and just keep a gun nearby but hidden (like just inside my front door).

    I want these people to know that I am shooting this video as the easiest and simplest way for the problem to be solved is for them to just stop the CRAP! And do it without anymore involvement from the sheriff or the courts.

    I don't know if this would be a reality with these people as they do not seem to have alot of common scence!
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    jimbowbyjimbowby Member Posts: 3,496
    edited November -1
    [8D]-Now, I know this won't matter much to you, because I'm talking about California---

    --But, It's illegale to Video SOMETHING with your intent of using the film in court, or legal procedings--Without FIRST notifing the parties involved--

    --It's illegal to carry your weapon, with the premediated intent of using it-as loaded for anticipated defense, then It wouldn't be DEFENSE--

    --Preknowledge of your illegal videoing with firearm-at hand-would be interpreted as "INTENT"--

    --But, thats California, so I would suggest that you,by phone, ask your Sherrif for their stance on this exact situation--




    --JIMBO
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    Fatboy livesFatboy lives Member Posts: 708 ✭✭✭✭
    edited November -1
    While I'm all for doing things in the open, one to thing to keep in mind on the idea of video taping in the open, these seem to be the kind of people that would wait untill you are asleep, or away from home, and burn you out. Just something to keep in mind.
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    n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by nunn
    Being prepared for trouble and looking for trouble are two different concepts, but looking at a situation from outside, after the fact, a jury might get the two confused.

    In your situation, I might try to shoot my video from a concealed position. If that is not possible, and if I still felt the situation might escalate into deadly force, I might shoot my video from a visible position, visibly unarmed, and have an armed friend nearby in a concealed position.



    This is about what I was thinking...
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    n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by jimbowby
    [8D]-Now, I know this won't matter much to you, because I'm talking about California---

    --But, It's illegale to Video SOMETHING with your intent of using the film in court, or legal procedings--Without FIRST notifing the parties involved--

    --It's illegal to carry your weapon, with the premediated intent of using it-as loaded for anticipated defense, then It wouldn't be DEFENSE--

    --Preknowledge of your illegal videoing with firearm-at hand-would be interpreted as "INTENT"--

    --But, thats California, so I would suggest that you,by phone, ask your Sherrif for their stance on this exact situation--




    --JIMBO
    It is legal for me to video tape a person even without thier knowladge in south carolina.

    The video cannot be used to issue a ticket from but would be strong evidence if there ever is and physical or property damage.

    It could also be used by the road department for the pourpose of getting more speed signs (we only have them on the ends of the road) and possibly speed bumps.

    But these people may not know that the video cannot be used to write tickets or the likes. So it may slow them down a bit.
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    n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by ECC
    quote:Originally posted by nunn
    Being prepared for trouble and looking for trouble are two different concepts, but looking at a situation from outside, after the fact, a jury might get the two confused.

    In your situation, I might try to shoot my video from a concealed position. If that is not possible, and if I still felt the situation might escalate into deadly force, I might shoot my video from a visible position, visibly unarmed, and have an armed friend nearby in a concealed position.



    This is about what I was thinking...
    Like I said point was well taken.

    I can carry concealed as I do have my permit. And these people do know that.

    I just though about the open carry as a deturant as these people have allready proven that they are not beyond getting physical over this.
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    Old-ColtsOld-Colts Member Posts: 22,700 ✭✭✭
    edited November -1
    Based on everything that has transpired to date, in my opinion carrying openly would just be a red flag and could possibly escalate this problem to a level that no one intended. Keeping your firearm near by, just in case, would probably be the best approach. This situation needs resolution soon because it sounds like it is headed to the point of no return. Good luck, I sure wouldn't want to see something bad happen to your children or you.

    If you can't feel the music; it's only pink noise!

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    KrinkovManKrinkovMan Member Posts: 1,192 ✭✭✭✭✭
    edited November -1
    I think its wrong your kids cant play outside without worry of some jack*** hitting them in a car.
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    Marc1301Marc1301 Member Posts: 31,897 ✭✭✭
    edited November -1
    If you often carry openly on your property, I wouldn't think anything about it,..........but if you DON'T, and this would be the first time, while not illegal, it could be considered threatening.
    All depends if you do this on a regular basis, if you do, I find it hard to believe that anyone could make anything out of it.
    I actually carry openly on my property once in awhile, just for that very purpose, so that it appears normal behaviour for me, in the event I ever had a situation like you do.
    I presume my neighbors think I am a "nut"!
    "Beam me up Scotty, there's no intelligent life down here." - William Shatner
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    n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by Marc1301
    If you often carry openly on your property, I wouldn't think anything about it,..........but if you DON'T, and this would be the first time, while not illegal, it could be considered threatening.
    All depends if you do this on a regular basis, if you do, I find it hard to believe that anyone could make anything out of it.
    I actually carry openly on my property once in awhile, just for that very purpose, so that it appears normal behaviour for me, in the event I ever had a situation like you do.
    I presume my neighbors think I am a "nut"!
    I have carried openly a number of times but I don't know if it would be often enuff to be called normal.

    Normally it is when I have taken my coat off and I was carrying consealed.

    When I'm working in the yard near the wooded areas and the weather is warm like it is now I do carry a single action .22 loaded with snake shot because of copperheads around here.

    I will just air on the side of caution and either carry consealed or keep it hidden near by.
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    Colt SuperColt Super Member Posts: 31,007
    edited November -1
    My view would be the same as Marc's.

    Doug
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    oldgunneroldgunner Member Posts: 2,466 ✭✭✭✭✭
    edited November -1
    Isn't it a tradegy that you even have to consider this? Nunn, Marc and Doug are right of course, in all practical terms, but it just irritates the crap outta me that it should be so.
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    RustyBonesRustyBones Member Posts: 4,956
    edited November -1
    openly carrying your gun will likely prompt the other party to do the same
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    NwcidNwcid Member Posts: 10,674
    edited November -1
    I belive you could legaly use your video tape in court if you post a sign in your yard that says "this area monitored by video" or something similar.

    Just something to think about.
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    sig232sig232 Member Posts: 8,018
    edited November -1
    quote:Originally posted by Old-Colts
    Based on everything that has transpired to date, in my opinion carrying openly would just be a red flag and could possibly escalate this problem to a level that no one intended. Keeping your firearm near by, just in case, would probably be the best approach. This situation needs resolution soon because it sounds like it is headed to the point of no return. Good luck, I sure wouldn't want to see something bad happen to your children or you.



    I agree with this post. I would hate to see you have a physical problem and carrying a gun is an open invitation to the crazy people down the street picking up the 30-06 with a scope and picking off the buttons on your shirt.

    Best turn this matter over to the police or city. Shoot the video from a concealed position or from within your home and offer to provide tape to the county or city police. Avoid turing this into a personal matter.
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    select-fireselect-fire Member Posts: 69,453 ✭✭✭✭
    edited November -1
    Kevin, Nunn gave some very good advice. Don't play your cards and let them know you are armed.Two days ago while checking my property the day after the Tenant was to be out, the Tenant appeared at the door while I was entering. He demanded the Writ of Ejectment and stated he was going to kick my ***. I told him leaving I would go see the Judge and get the Writ. He proceeded out the door with an object of some kind in his hand and stated he would kick my *** again and the Judge could go **** himself. I told him it would be a good idea if he stayed where he was until I left and that I was armed. My hand was in my pocket on my Kahr. No gun was presented. I went and seen the Judge. It was traffic ticket day and he wasn't in yet. I wrote down everything the Tenant said and showed it to the baliff ( LCSD ). He was even hot the guy threatened the Judge. Tenant had the Writ served in no time. He is now gone off the property. I just wonder if he left or the Sheriff's dept. took him.

    Don't be stupid with your gun. Not worth it. 25 people living next door , all family are not going to go away. Take some fools advice and either go over there and get along with them and compromise or give notice to your Landlord. Your situation is not going to improve and you are outnumbered big time. My bet is that the Law already knows how these yahoo's are and will eventually give you the same advice I did. I will also make a side bet. The Law is not coming out there too many more times without arresting someone.
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    joker5656joker5656 Member Posts: 5,598 ✭✭✭
    edited November -1
    don't be stupid. carry concealed if need be. in all, don't carry at all, do you really feel its necessary? i mean seriously. if you carry open someone might say you pointed it at them then your going to be in a WHOLE HEEP of trouble. Not only that but the cops were out there the other day you said so they defiantly won't take it likely. asking for trouble if you ask me. carry concealed if anything or put a gun in your pocket. don't know what state your in but you can't pull a gun on someone just for yelling or even punching you here unless your in fear for your life, that's South Carolina.
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    joker5656joker5656 Member Posts: 5,598 ✭✭✭
    edited November -1
    quote:Originally posted by Nwcid
    I belive you could legaly use your video tape in court if you post a sign in your yard that says "this area monitored by video" or something similar.

    Just something to think about.







    actually the road is public so the law dosen't apply,
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    rongrong Member Posts: 8,459
    edited November -1
    *-r-done
    Not to get too personal
    but is there some history
    here where you personaly
    fear for your life?
    I haven't been reading all the threads
    and am bascially nosy.
    rong
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    n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by rong
    *-r-done
    Not to get too personal
    but is there some history
    here where you personaly
    fear for your life?
    I haven't been reading all the threads
    and am bascially nosy.
    rong
    No I don't fear for my life in genral. But When dealing with people who are obviously doing drugs of some sort (I just found out about a previous cocain arrest from that same family from my landlord) I tend to take the side of caution and be ready for most anything.

    Beter to be ready for it and not need it than need it and not be ready for it!
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    Oklahoma223Oklahoma223 Member Posts: 2,648 ✭✭
    edited November -1
    * R Done has drove trucks in wars. He is not scared of some doper punks.[B)]
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    n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by select-fire
    Kevin, Nunn gave some very good advice. Don't play your cards and let them know you are armed.Two days ago while checking my property the day after the Tenant was to be out, the Tenant appeared at the door while I was entering. He demanded the Writ of Ejectment and stated he was going to kick my ***. I told him leaving I would go see the Judge and get the Writ. He proceeded out the door with an object of some kind in his hand and stated he would kick my *** again and the Judge could go **** himself. I told him it would be a good idea if he stayed where he was until I left and that I was armed. My hand was in my pocket on my Kahr. No gun was presented. I went and seen the Judge. It was traffic ticket day and he wasn't in yet. I wrote down everything the Tenant said and showed it to the baliff ( LCSD ). He was even hot the guy threatened the Judge. Tenant had the Writ served in no time. He is now gone off the property. I just wonder if he left or the Sheriff's dept. took him.

    Don't be stupid with your gun. Not worth it. 25 people living next door , all family are not going to go away. Take some fools advice and either go over there and get along with them and compromise or give notice to your Landlord. Your situation is not going to improve and you are outnumbered big time. My bet is that the Law already knows how these yahoo's are and will eventually give you the same advice I did. I will also make a side bet. The Law is not coming out there too many more times without arresting someone.
    I hear what you are saying.

    I did just talk to my landlord about this family. He said every so often they get this way but when they see they cannot win they mello out.

    So I am just going to have to be that person to show them they cannot win!

    I will do it in a totally legal manor letting the sheriff do my talking for me.

    Other families on the street are going to start getting involved against these people too by the sounds of it as most everyone is getting fed up with these people. So that will make the battle a bit easier!

    I think I am also going to look into a nieghborhood watch thing and get signs for that posted as well.
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    spanielsellsspanielsells Member Posts: 12,498
    edited November -1
    Mr. Bell,

    Just use your radio show and embarass them.
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    n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by Oklahoma223
    * R Done has drove trucks in wars. He is not scared of some doper punks.[B)]
    Your right, I am not scared!

    Thing about me is I am one of the nicest people you will ever meet and would give you the shirt off my back unless you cross me! And then it is on!
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    spanielsellsspanielsells Member Posts: 12,498
    edited November -1
    quote:Originally posted by *_r_done
    quote:Originally posted by Oklahoma223
    * R Done has drove trucks in wars. He is not scared of some doper punks.[B)]
    Your right, I am not scared!

    Thing about me is I am one of the nicest people you will ever meet and would give you the shirt off my back unless you cross me! And then it is on!


    I have a question that I don't want to ask because it is rude and despite my teasing you, Kevin, I think you're about as nice a person as they come, so I won't.
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    1911a1-fan1911a1-fan Member Posts: 51,193 ✭✭
    edited November -1
    so basically you want them to see you video taping so they would get the message your on there * correct? but want to cya on legality of video taping?

    you want to have a firearm handy in case the video taping drives them into a rage?

    imo you have two options
    1. home movies of the kids are great, we sometimes cannot control what happens in the back ground

    2. set up a home video surveillance system and aim it strategically at your truck you are concerned about{[;)]}, wal mart sells a pretty good system under 100 bucks, you can get b/w for under 50


    do not bring open firearms into the situation, quit talking about it here, you have a ccw use it, and keep it concealed until you positively have to take someones life, in the event you do, this very thread may be used against you
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    bpostbpost Member Posts: 32,664 ✭✭✭✭
    edited November -1
    Just why the hell would you stand out in the open with a camera and gun on your hip except to provoke trouble?

    It sounds to me like you need to determine if you want to win or just blow steam. If your true goal is to provoke and continue the feud then by all means strap on 4 pistols plus carry a rifle and record away standing out in the yard in full view of all.

    If your intent is to be a good role model for your kids then get smart. Put the recorder in a window or even a hole in the wall to record the antics. If you put sticks in your front yard 25-50 feet apart at regular intervals they can determine speed from a recording. Rig it up so they don't even know a camera is there. Sooner or later they will do stupid as stupid people always do.
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    rongrong Member Posts: 8,459
    edited November -1
    *
    One can never be too cautious.
    Always have a "backdoor" handy.
    I too am always ready even in those
    states that don't allow "tools".
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    chollagardenschollagardens Member Posts: 4,614 ✭✭✭
    edited November -1
    Nunn gave good advise. Also you should take steps to be sure your children are supervised and safe. If it is possible get a video camera set up like the game cam that was on this forum some time back, that would be a plus as it will function 24/7 with out a lot of attention. If possible hide the camera and let the neighbor be himself. Save the footage so you give the guy enough rope to figuratively hang himself. Contact neighbors that have had problems with him and comment on how the property values would increase if they were gone. If the people you have had problems with have also had drug problems mention that to the neighbors and also how first one druggie moves into the neighborhood then others follow and make it a hell hole. Some states have laws that allow neighbors to sue the landlord if their tenants illegal activities harm those neighbors. If yours does then notify the landlord that you have had problems with his tenants. The landlord may evict the tenant rather than take a chance on being sued later.
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    select-fireselect-fire Member Posts: 69,453 ✭✭✭✭
    edited November -1
    quote:Originally posted by chollagardens
    Nunn gave good advise. Also you should take steps to be sure your children are supervised and safe. If it is possible get a video camera set up like the game cam that was on this forum some time back, that would be a plus as it will function 24/7 with out a lot of attention. If possible hide the camera and let the neighbor be himself. Save the footage so you give the guy enough rope to figuratively hang himself. Contact neighbors that have had problems with him and comment on how the property values would increase if they were gone. If the people you have had problems with have also had drug problems mention that to the neighbors and also how first one druggie moves into the neighborhood then others follow and make it a hell hole. Some states have laws that allow neighbors to sue the landlord if their tenants illegal activities harm those neighbors. If yours does then notify the landlord that you have had problems with his tenants. The landlord may evict the tenant rather than take a chance on being sued later.


    Well SC is not Cal. As a Landlord of this state what you are describing is bogus here. Their Landlord would have to have knowledge of illegal activity. How would the Landlord Know? Landlord is NOT responsible for any behavior of the Tenants OFF or ON the premise they rent. I can't be sued just because a Tenant of mine would run over someones Dog out on the highway. If a Tenant were to strangle a visitor Landlord holds no liability. In fact the Landlord must be carefull upon eviction of a Tenant. If rent is paid and no notice from Landlord is given to renue the agreement the Tenant can sue the Landlord.
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    chollagardenschollagardens Member Posts: 4,614 ✭✭✭
    edited November -1
    select-fire said...."Well SC is not Cal. As a Landlord of this state what you are describing is bogus here. Their Landlord would have to have knowledge of illegal activity. How would the Landlord Know? Landlord is NOT responsible for any behavior of the Tenants OFF or ON the premise they rent. I can't be sued just because a Tenant of mine would run over someones Dog out on the highway. If a Tenant were to strangle a visitor Landlord holds no liability."

    I have been a landlord also. I can understand your view on that type of law and also know it would be possible for it to get out of hand. I understand that as it stands now it does not ambush the landlord but could involve him if he was notified of a serious problem. A example would be a triple convicted sex offender renting a house next door to a elementry school. Solution, landlord starts eviction of ex child molester and is in the clear. The legal athorities would be doing the same type action at the same time anyways. If a tenant ran over a dog on the highway or strangled someone the landlord would not be in any way responsible.

    So far there was a fist fight and a little kid almost getting run over. It was worth a mention. Mabe the landlord does not approve of running over little kids and will evict them any way. You never know. They may be slow pay and behind in their rent anyway.
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    Jeepgod2002Jeepgod2002 Member Posts: 824 ✭✭✭✭
    edited November -1
    i think the game cam is a great idea mentioned earlier is great, but actually use a game cam. I have a Moultrie 2.1mp that also takes video....buy a game cam, strap it to the front seat of your bronco and record whatever video evidence you need....no guns, no confrontation, no problems!!. After you have the evidence you want, you have a fine game watching contraption that you will use for years.

    here is a link of a tom turkey video my game cam recorded.
    http://www.home.earthlink.net/~scottw311/Game Cam/ICAM0032.AVI
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