Disarmed and handcuffed on a traffic stop.

[MDT]

Assistant Chief Sid Porter said. “When public safety comes up, that is No. 1,” Porter said. “If we see someone carrying a weapon in a holster, they have to have a permit on them and would be asked to show it. Anybody with a weapon on their side is considered a suspicious person.”

This is wrong on so many levels....

 

[toehanus]

CoachR64 you said this quote, "This is not a knock on LEO by any means. Hell, with 20,000+ gun laws on the book alone, no way they could know them all anyways. "

What is it when LEO's tell us when we say that we didn't know it was wrong to do "so-n-so", ignorance of the law is no excuse.

Well said.

@toehanus

 

[nick96ta]

Thank you for all of the replies. She called a supervisor and is going to go down and file a report. It probably won't do any good but at least it is something. She does not want to take it any further.
I was not there so like some of you have said there is another side to the story that I do not have. All I have to go on is what she told me. I just wanted to know the Legality of the matter.

-Thanks!

 

[BikerHT]

Sounds like it's time for OKOCA to have a little rally/walk-around thru MWC!

Dumbing down, folks! This, too, is all part of the PLAN!

 

[SPDguns]

Title 21 1290.8 E.
"Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed."

The law states that officers may disarm a permit holder whan detained for violation of any law. "Any law" includes speeding, jaywalking, etc. So, like it or not, the officer was technically correct. Common sense would dictate that the officer would not disarm under these circumstances, but like it or not, not all officers are graced with common sense........

 

[53convert]

Checked with some old buddies over there, Porter may have said it but it came from Clabes. A stance such as this will be the Chiefs call. Oh and for those of you not paying attention Clabes has really been positioning himself to be the next sheriff,

 

[okiebryan]

Sounds like it's time for OKOCA to have a little rally/walk-around thru MWC!

Dumbing down, folks! This, too, is all part of the PLAN!

We are watching this thread with interest.

The part where the MWC Chief said that he considers anyone carrying a visible gun to be suspicious is true. He did a complete 180 when someone from OKOCA contacted him and asked if we should now begin reporting sightings of suspicious people carrying visible guns who just happen to be dressed in blue and leaving the scene in black and white cars with funny lights on top.... To my knowledge, this is the 1st negative encounter of a lawful carrier in MWC since Nov 1.

I eagerly wait to see where this goes. I'd relish the opportunity to rally the troops. How many of you would attend a rally in MWC?

 

[BikerHT]

IF I were in town, I'd definitely go. Just being up here near Chicago and reading posts on a forum here, the participation of RPAC (Real People Against the CRAP, my term!) just get me fired up!
I'm damn near ready to come home and run for some kind of office!! Seriously, the ignorance in the politicians and everything being done - for our own good - or - for the children - it's all BS! Just like NY has done recently, now the Chicago elite are pushing against sugary drinks, wanting to ban them. It's just crazy!
Too many friggin laws, too much big gubment, too many taxes. It's time the people take our damn country back. And it has to start at the grassroots level.
Get involved...make your voices heard. We can't just sit by and hear the reports and wonder WTF happened.
:finger:

 

[bigfug]

The law states that officers may disarm a permit holder whan detained for violation of any law. "Any law" includes speeding, jaywalking, etc. So, like it or not, the officer was technically correct. Common sense would dictate that the officer would not disarm under these circumstances, but like it or not, not all officers are graced with common sense........

That is the very last line of the section that we have all been quoting. Everything prior to that line indicates that an other crime has been commited for an officer to disarm or restrain the "suspect". The fact that after speaking to a supervisor, that a complaint is being filed says something.I know OCPD had an inservice with the SDA changes, and covered this exact thing situation, and unless a crime other than the traffic stop were committed, they would not confiscate a gun, nor should handle it.

 

[okiebryan]

That is the very last line of the section that we have all been quoting. Everything prior to that line indicates that an other crime has been commited for an officer to disarm or restrain the "suspect". The fact that after speaking to a supervisor, that a complaint is being filed says something.I know OCPD had an inservice with the SDA changes, and covered this exact thing situation, and unless a crime other than the traffic stop were committed, they would not confiscate a gun, nor should handle it.

I was told the same thing by Capt Nelson with OCPD. We were told that absent RAS, (which might include a MWAG call), we would most likely be left alone, and certainly not disarmed.