gravedancer wrote:Sounds like divegeek just volunteered to be the guinea pig for getting some case law established.
Well, this is a situation in which there's basically no legal risk to being the guinea pig. As long as you actually have a permit, you haven't committed any crime by carrying, whether openly or concealed.
gravedancer wrote:Since Im not 100% sure and cant afford to be the "test case" only to have a judge/jury ultimately rule that the stop was justified, Ill continue to conceal when I go to school functions or to pick my kids up, and I'll wait until UJ or Divegeek sets the precedent.
Why conceal? If you don't want to be a test case, then when you get stopped you can just whip out your CFP and then be on your way.
Oh and I have
openly carried in Utah schools, many times. On two separate occasions I even ran into LEOs while there. Neither did anything more than nod to me.
itsasecret wrote:The reality is that even if a cop were to stop you in a school zone and claim his RAS was that you were going about armed in an area where such an activity is prohibited for the vast majority of the population, you'd have an extremely difficult time pursuing a lawsuit. There are so many defenses provided to LEO's in this situation that you'd have to work to find a lawyer just willing to take the case, and then you'd probably have to pay a LOT of out-of-pocket expenses pursuing your lawsuit with only a marginal chance of ever winning.
It would depend heavily on just how far the officer pushed it. If he just performed a Terry stop but stayed within the guidelines, yeah, you might have a tough time. If he actually arrested you, it'd get easier. If your arrest caused you some significant financial or personal damage, especially an injury, then you'd have no trouble whatsoever getting a lawyer to take your case on spec.
Four boxes protect our liberty: soap, ballot, jury and ammo. Use in that order.
Utah CFP Instructor; NRA Certified Instructor for Pistol, Rifle and Self-Defense in the Home; NRA RSO.
I am not a lawyer!