Tuesday, July 07, 2015

Open Carry Cell Phone Holder Concerns NJ Prosecutor

This model is carrying the "edgy" cell phone holder in about the worst or *best* way to make it sensational.  The choice of black holder, black phone and black shorts does the most to make the holder look as though a pistol is in the back pocket.  It does not hold up to close inspection.   From japantrendshop.com:
More a piece of equipment than a regular "cover," the Gun Grip Case transforms your iPhone 5 into a handgun! Available in black, white or pink, this fake "pistol" works with an app so you can interact with a digital version of the gun in the same color on your iPhone 5 screen. The app means you can play games of Russian Roulette at parties! Don't worry, you can't actually shoot anyone!

From cnn.com:
Dellla Fave, a spokesman for the Ocean County Prosecutor's Office in New Jersey, shared a Facebook (FB, Tech30) photo of the iPhone case that he found on a closed social media site for cops. A model poses with her phone tucked into her back pocket, and the protruding case looks like the handle of a semiautomatic compact pistol.
Della Fave said that if a teenager draws the phone in the presence of a cop "the first thing they're going to see as it's coming up is the trigger guard and the butt of the gun. This doesn't seem like a good idea at all to me."

 Note that this is from a Prosecutor's office in New Jersey, a very political, and likely, anti-second amendment position.  It is illegal to openly carry a gun in New Jersey, and police would have probable cause to stop someone who looks as if they are carrying a gun illegally.   If the phone holder is pink or white, as shown below, it is less likely that they would be stopped. 

The phone holder has some merit as a political statement in the majority of the states where open carry is a right, as it has been in most states throughout most of the history of the United States.  A couple of appellate courts have upheld that history, stating that the mere open carry of a firearm is not sufficient probable cause or reasonable suspicion, by itself, for a "Terry" stop. 

In a way, the phone case is a variation on the theme suggested by Perceived Carry Decoy system, a device that has not received the attention that this phone carrier has.

 Unlike the phone carrier, the Perceived Carry Decoy is never meant to be "drawn".  The decoy gun and holster are all on piece of molded plastic, so they cannot be separated.

For those who prefer wheelguns, this imitation of the back half of a Colt Revolver is offered.

 I suspect that the "draw" of the gun grip phone carrier is the shock value, and that it is "aimed" at the young, wannabe "gansta" culture.  

It may cause some people to have some problems, but it is no worse, perhaps better, than carrying a fake gun around in your back pocket.   Real criminals will not want to draw attention to themselves.  It may have some deterrent value.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


Anonymous said...

It is interesting the hub bub this thing is causing. Some are going full blown "cops only have a split second" Armageddon because of this situation.
And there is the real drama associated with this thing.....
Seeing a firearm shouldn't even BE something that raises and eyebrow. No more so than seeing someone carrying a cell phone (which is then the POINT of this thing).

Well done. I hope they sell a million.

Anonymous said...

Not a bad looking pair of shorts either.

C. S. P. Schofield said...

While I can imagine a few "Action Movie" scenarios where appearing to have a gun when you don't might arguably be better than being visibly unarmed, I have to say that on balance this seems to be rife with possibilities for being a real mess.

OTOH, if it were possible to identify these fakes AS fakes from a distance, they might serve the same public service that Iron Crosses, Inverted Pentagrams, and similar bushwa do; warning that the person wearing them is a dolt.

Wireless.Phil said...

In Cleveland, Ohio, sometime last week, newsnet5 (ABC local) went on the air saying the police would throw you to the ground and handcuff you.

I wrote the news department telling them that the police would not!
Ohio is an Open Carry state.
Having that in your back pocket is no different than a handgun in a belt holster hanging openly at your side.

The only reason they may think about doing that is if you were an underage child.
Then, they may just shoot you!

Anonymous said...

Actually I see it as one of the worst possible inventions of recent history. with the trigger happy cops we have everywhere the chances of being shot for having one of these is extremely high. I know of too many instances where the cops have shot some one just because they thought they saw a gun. teenagers would make the mistake of drawing it to explain that it is just a phone. just reaching for it would cause the cops to shoot. there are an awful lot of cops out there that are a half a bubble off when it comes to the fear of being shot. not many cops would wait to see if it was real or not. I have seen cops shoot people that didn't even have their hands on a gun just knowing the gun was present. My opinion of trigger happy cops is not very high. I have worked several cases in the emergency room where the cops shot first and not just one cops but a shooting frenzy by several cops. A six year old with a chrome ray gun. hit in the neck nearly blowing his head off. A man with both hands clearly on the steering wheel shot 14 times at close range. Man holding a small pistol by the handle with two fingers hands in the air shot nine times. We have a lot of really brave thugs wearing badges.

actually I see it as on