The Hill:

Jack is walking down a busy sidewalk carrying a handgun in a holster on his belt. Someone screams, “He’s got a gun!” A nearby police officer sees the firearm, draws his weapon, and orders Jack to stop, show his hands, and lie down on the ground. The officer then handcuffs Jack, takes his firearm, and detains him for questioning about why he is carrying the firearm.

With more states legalizing the open carry of firearms, this kind of scenario has and will occur with greater frequency. Let’s assume the person with the firearm is not carrying in a prohibited place, brandishing the weapon in a threatening manner, refusing to follow police orders, or otherwise acting suspiciously. Does the mere carrying of a firearm openly in public give the police sufficient reason to stop the carrier and seize the firearm?

In an open carry state, in this instance the police have violated the constitution of their respective states (or the body of case law appurtenant to this), and the fourth and fifth amendments to the constitution of the United States.  So says the Supreme Court in Terry v. Ohio.

In such cases, the responsible officer(s) should be charged with violation of the state laws, violation of the fourth and fifth amendments to the constitution of the United States, disturbing the peace, illegal seizure of property, and reckless endangerment due to lack of muzzle discipline when he pointed his weapon at an innocent citizen.  He has absolutely no right to detain the individual, touch his property (including his firearm), or make a public spectacle of the detention.  Such behavior is thuggish and illegal, regardless of whether the courts allow them to get away with it.

What someone who needs their safe space or doesn’t know the applicable law feels concerning this is completely irrelevant.  “He’s got a gun” should be followed by “Ma’am, please be more specific concerning the law you believe to have been violated.”  Open carry isn’t brandishing.  The more we allow police officers to get away with this kind of behavior, the worse it will become.  They need to be reminded of the decision of the fourth circuit in the case of Nathaniel Black.

This is simple.  Teach police officers the law, expect them to obey it, and charge them when they don’t.  The title of the article at The Hill is “Open carry complicates police encounters.”  It only complicates matters when the police do illegal things.  Otherwise, this really is all quite clear and easy to process.