COTTAGEVILLE, S.C. (WCIV) - A man arrested for unlawfully carrying a .45 semi-automatic gun in the open told deputies he was exercising his 2nd Amendment right and believes federal law supersedes state law.
When asked why he was carrying the gun, handcuffs and a police baton while walking on a sidewalk, he told deputies, “in case he needed to make a citizen’s arrest,” according to the Colleton County Sheriff’s Office.
Raymond Allen was detained and transported to the Colleton County Detention Center.
The incident occurred Tuesday, January 8 when Cottageville Deputy Edward Spears noticed a white male walking down the sidewalk in front of a gas station, according to the department.
In plain view on the belt around his waist were a pair of handcuffs, a police ASP baton and a holster concealing a black hand gun, according to the department.
“I did not recognize him as a law enforcement officer,” said Deputy Spears, in a statement.
The deputy asked Allen if he was a law enforcement officer, to which Allen replied he was not.
According to the department, the deputy arrested Allen and told him that it is illegal for him to possess a hand gun in plain view.
Lieutenant Rioux, who arrived on scene to assist, advised Allen that even if he had a concealed weapons permit, it would not allow him to open carry a hand gun, and that by doing so he is borderline violating the law on impersonating a police officer, according to the department.
“Allen then proceeded to quote federal law and told authorities that he should still not be refrained from being able to open carry a hand gun,” the department states.
The gun was identified as a black Smith and Wesson .45 semi-automatic.
“Taking time to focus on small things that look out of the ordinary helps prevent crime in our community in the biggest way,” said Sheriff R.A. Strickland.