City LEO in Northwest Washington

firstcavveteran

New member
I feel that it is my responsibility to write and post a story told to me by a very close friend this past weekend. It is my responsibility because my friend has fooled himself into deciding that he, in some way, understands why he fell victim, to what I consider to be, a violation of his rights, and a lawless action by a public servant.

First of all, I can only imagine the pressures of accepting the responsibility as an officer of the law, whether it is with a city, county, state, or federal organization; (i.e., City Police, Sheriff, State Patrol, FBI, ATF, CIA, Secret Service, etc.). I was an enlisted member of the United States Army and the responsibility that came with that position, especially when deployed to hostile environments was what I imagined as, as much as one person could, or ever have to, endure. However, in a combat environment, there are rules, and not abiding to these rules can cause major issues, I would only assume that doing so in the civilian sector is just as stringent. I write this story just as it was told to me, I cannot release my friend’s name, but I will tell you, that as a concerned citizen, I have written a letter to the organization responsible for the injustice. I look forward to any responses.

Let me tell you really all you need to know about my friend. He is 40-something, and retired from the United States Army. Now he is not just any Veteran, and I’m not saying that any other veteran would not be as equally important, but he retired at the rank of Lieutenant Colonel and as a career long Army Ranger, he was a Battalion Commander of such a unit. I can promise you he went to countries that even I have never heard of and probably was responsible for killing more people than I can imagine as well. He is a very good man, and believes in the word Freedom as if it was an entity. He and Veterans’ and current soldiers’ just like him are why we still live in such a wonderful society.

On the day I want to tell you about, my friend admittedly told me that he was breaking the law while driving home from the store after picking up some needed items for him and his wife’s dinner that night. When he left his home, he invited his rather hyper Jack Russell Terrier, “Ranger” to tag along with him. As always, he also carried his primary concealed carry piece, a Government Model Colt .45 ACP.; quite a beautiful sidearm if you ask me even though my weapon of choice is the Beretta Px4 Storm .45 ACP. He carries his Colt in a SuperTuk most of the time but since he was running to the store, instead of taking the time to properly attach the SuperTuk, he used his Blackhawk Serpa Paddle holster.

On his way home, Ranger was being his normal Jack Russell self and decided it be a nicer ride if sitting on his master’s lap. To make matters worse, right after Ranger got on his lap, his cell phone rang. He knew that he had left his hands free set at home since it was going to be a quick trip and admittedly knowing it was wrong decided to answer his phone. He had only been on the cell phone with his dog on his lap for about 45 seconds when he noticed the red and blue lights in his rear-view mirror. He quickly pulled to the side of the road, moved the dog off of his lap, reached for his wallet and placed both hands on his steering wheel.

As the city officer approached his window, my friend offered him his license, insurance, and even though not required by Washington Law, his concealed carry permit as a courtesy that most of us would gladly offer. As the officer noticed the CCL he asked my friend if he was carrying his side arm. My friend explained that he was and that the sidearm was located on his right hip, and in a Blackhawk Level 2 Serpa Holster. The officer asked my friend to step out of the vehicle so that he felt safer because Ranger was barking at the officer making him uncomfortable. My friend complied with the officer’s request and exited the vehicle. Upon exiting the vehicle, the officer then requested that my friend allow him to remove his sidearm for both of their safety. If you have ever seen or used or been instructed on the Government model Colt .45 ACP, you know that it can safely be carried with the hammer cocked and the sidearm on safe. When the officer noticed the hammer back, he quickly asked my friend if this was a normal way to carry his gun, with the hammer cocked and a round in the chamber. My friend told the officer it was as the officer removed the sidearm from my friend’s holster. The officer then released the magazine which surprisingly released quick enough to startle him enough that he missed catching the magazine and it hit the pavement.

The officer was now frustrated and examined the weapon and then returned to his car with the hammer still cocked and the round still in the chamber to run my friends information. When he returned to my friends car, he handed my friend his Colt back still with the round in the chamber, the gun on safe, and the hammer cocked. The only conclusion my friend and I have come to is that the officer didn’t know how to clear a Colt .45 ACP, and therefore, in a very unsafe fashion, carried the handgun into his vehicle, and returned it loaded. Not only did the officer not know how to clear a Colt .45, but he also broke a major rule by handing a person a loaded sidearm, even if it was that persons weapon to begin with.

Washington law is fairly clear on this issue. First and foremost, to offer a law enforcement officer the knowledge a pedestrian is a concealed carry permit holder let alone that they are currently carrying is a courtesy only. It is nowhere and no way required by law. Second, the only time an officer can LEGALLY take a pedestrians sidearm is, if they don’t have a permit to carry such a weapon, they were in the process of committing a crime with the firearm, they are mentally unstable (meaning either naturally mentally unstable or chemically (drugs and/or alcohol) unstable) it is not legal for them to own a gun, or the gun they have is not registered to them but to someone else or if they are being arrested for an unrelated crime, i.e., if my friend were going to be arrested for talking on his cell while driving. Other than these and a couple more evident cases such as being ordered by a court not to carry a weapon, these are the only instances in which an officer can LEGALLY take a persons concealed carry sidearm. But to take the weapon from my friend who willingly let him have it and then not be able to clear the weapon and to very “rookie” like walk back to his car with the weapon in his hand cocked and loaded, then kept it that way during the duration of his checks, and then returned the weapon to my friend in that same condition, is not only a violation of my friend’s constitutional right, but it is also a violation of handgun safety and etiquette. Right in-front of the officer, since the officer handed him a loaded weapon, my friend, quickly cleared the weapon and locked the slide to the rear, as to say, what kind of police officer are you?

I have never once heard of this happening before, but I wanted my friend to know that people like this officer are at the basic reason why we find ourselves so close to putting up a fight for our second amendment rights. There are those who say that the Police and Military are the only people who should have guns, or semi-automatic guns, well this proves that when safety is concerned anyone, and I do mean anyone is subject to its failures.

After my friend told me about these incidents, that night at home, I pulled up the Washington state RCW’s concerning the rights of Law Enforcement Officials’ and the rights of the people when it concerns the forfeiture of concealed weapons. After recognizing my initial response regarding the violation of my friend’s rights was warranted and correct, I called him to further discuss the incident and educate him on what the law reads. I told him that he should at least write a letter, but he is honestly afraid of the repercussions. I told him that maybe he could turn it into a letter of concern and willingness to educate the city officers on the operations of several different commonly carried sidearm, including the other handguns he has, and the handguns that I own. He is still unsure about it because of how, “matter-of-factly” the officer acted towards requesting my friend to forfeit his sidearm.

I look forward to hearing many of your thoughts.
 
There's absolutely nothing wrong with the LEO *requesting* the weapon while on the stop.

I'm not familiar with the laws in Washington, but in some states, I believe that the LEO does have the right to disarm if concerned over their safety. (I don't necessarily agree with disarming making it more safe, but that's another post.)

If your friend was requested to disarm, and voluntarily to, I don't see the issue here.

If it were me, I would have asked, but everyone is different.

UD
 
Although officer has right to disarm in Texas this has been ask only twice (noted below) never by the local officers, I get stopped all the time, real estate appraiser moving slow through neighborhoods looking at sales. Texas concealed carry license indicates to officer carrier has had local, state and federal review. Again no officer has ever ask to safe the weapon, except one on a traffic stop in a small town, after he waved the loaded weapon over me, my wife and himself I ask if I could safe the weapon to keep him from killing one of us, he said yes then wrote warning after he realized he had looked down the barrrel himself. Border Patrol ask if they could take the weapon into their office and unload it, I declined but said they could place in on the seat again no problem. If an officer wants to secure my weapon I now ask are you familiar with the safe handling of the weapon.
 
Sounded reasonable to me

...why he fell victim, to what I consider to be, a violation of his rights, and a lawless action by a public servant.

....

+1 for UDOGGie. I am both retired Army and living in WA. The officer may have been a bit startled and trying to gain control with him, barking dog and concealed gun. His reaction is understandable. He did not know your friend is a really good guy. Yes, it IS legal to ask for the gun for the officer's safety. Seattle PD seems to do it fairly frequently, I'm told.

No, the officer didn't seem to have good knowledge of the handgun in question, which probably added to his tension.

I'm thinking he went back to his car, checked friend's file, talked with his supervisor, and determined he needed to give your friend back his gun. Probably did not want to let super know he didn't know how to make the gun safe. Especially after dumping the mag on the ground.

Frustrating? Yes. Unnecessary? Yes. Understandable? Yes. Illegal? No.
Rick
CCW instructor
 
On the day I want to tell you about, my friend admittedly told me that he was breaking the law while driving home from the store

And there is the problem.

I dont know who your friend is, but in most stories that start with the person breaking the law, I dont have too much sympathy for what happens to them.

However, if the officer does something illegal or against policy, then it becomes a different issue.
 
City LEO in Northwest WA

And there is the problem.

I dont know who your friend is, but in most stories that start with the person breaking the law, I dont have too much sympathy for what happens to them.

However, if the officer does something illegal or against policy, then it becomes a different issue.

I don't have issue with any of the responses. To each his own.
Having been a LEO for 40 years and being a CCW holder for 60 years I have no critiicism. My observation is what's the big deal. The officer obviously observed a violation and stopped the vehicle. The driver thought he needed to disclose all and gave the officer more information then was needed. Any LEO with any intelligence assumes that ALL drivers are CCW holders and act accordingly.
The driver needs to know more about his states laws. He was under no obligation to show his CC license and in most cases just complicates matters.
The officer needs to know more of the rudimentary actions to make a weapon safe. But certainly can't be expected to know it all. After 40 years I still don't know very much about flat guns, been a revolver guy all my life. There fore don't ask questions you won't know the answer too. If the driver feels it is important to offer you his gun, take two steps back draw you weapon and tell the driver to make his weapon safe then hand it too you.
I too have a favorite buddy who likes to sit on my lap. I know this is not really safe but do it anyway. We do cause Jinx to regain her proper seat if we get involved in heavy traffic or an unsafe situation. And we would have her sit quietly in her seat if stopped by an officer.
Bottom line; try walkiing in the other guys shoes before getting too critical. I myself appreciate having those guys or gals in uniform out there looking out for me. Don't be too hard on them.
Just the opinion of a old retired LEO .
 
Any LEO with any intelligence assumes that ALL drivers are CCW holders and act accordingly.
The driver needs to know more about his states laws. He was under no obligation to show his CC license and in most cases just complicates matters.

Agreed. Any safety minded cop should assume anyone may be armed, and mentioning you have a legally carried gun is a waste of time in situations like this.

If the driver feels it is important to offer you his gun, take two steps back draw you weapon and tell the driver to make his weapon safe then hand it too you.

I'm rather suprised you said this with prior LE experience. I would never tell a person to pull their gun out when I am investigating them.

Bottom line; try walkiing in the other guys shoes before getting too critical. I myself appreciate having those guys or gals in uniform out there looking out for me. Don't be too hard on them.

I'm not sure if you took my post the wrong way but you seem to be implying that I was too critical of the police officer when my post was actually only critical about the person who was pulled over.
 
Second, the only time an officer can LEGALLY take a pedestrians sidearm is, if they don’t have a permit to carry such a weapon, they were in the process of committing a crime with the firearm, they are mentally unstable (meaning either naturally mentally unstable or chemically (drugs and/or alcohol) unstable) it is not legal for them to own a gun, or the gun they have is not registered to them but to someone else or if they are being arrested for an unrelated crime, i.e., if my friend were going to be arrested for talking on his cell while driving. Other than these and a couple more evident cases such as being ordered by a court not to carry a weapon, these are the only instances in which an officer can LEGALLY take a persons concealed carry sidearm.
You are absolutely wrong. You might want to read up on Supreme Court decisions regarding the right of police officers to temporarily seize weapons during Terry stops and traffic stops. The officer acted 100% in accordance with the law.

Your lack of knowledge shows in several points in your post. In Washington it is a CPL - Concealed Pistol License. Not a CCL or CCP. There is no firearms registration in Washington State - nor is there firearms registration in most states. Not everyone will agree that there is any reason at all to tell a police officer about a CPL or a legally carried firearm, when not required to by law.

Also, you do not know the difference between forfeiture and seizure. The officer never once asked your friend to forfeit his firearm. His firearm was temporarily seized by the officer and returned at the end of the stop - completely within the legal rights of the officer to do so. Forfeiture is the permanent relinquishing of the firearm to the government and can only be ordered by a court.

Your friend committed traffic violations and stupid actions and the officer did nothing wrong, other than fooling around with a gun that he didn't know anything about. Your friend offered an invitation to the officer to take his gun from him and play with it, and the officer chose to accept that invitation.
 
The police officer was fully within the bounds of the law and his authority in this instance. Your friend, no doubt a good man, should in no way feel "violated" or even harassed by this. In a state where I am not required to notify law enforcement that I am armed, it will be very much situation dependent as to whether I will offer that information as a courtesy. Once offered, I should not then be surprised if the LEO wishes to take control of my weapon for the duration of our encounter. Your friend's weapon was not confiscated/forfeited.

As to the officer not knowing how to safe a 1911, well I just don't know what to say. Poor training at his department. I would expect any LEO to know (whether they were a "wheel-gun" man or not) how to safely make virtually any small-arms weapon safe. And if they were somehow confronted with some strange firearm they just could not figure out, that they would have the good sense to ask "Hey, how do you safe this thing?"
 
firstcavveteran: Your friend, being a retired LTC, doesn't need to be prodded into taking an action he is uncomfortable with. I think he is capable of making his own decision and he is leery of possible reprecussions, which although unauthorized, we all know can happen. Besides, I think NavyLCDR summed it all up quite well, the officer did his job.
 
First, don't volunteer your CC permit unless you want to or have to.


Second, if you do, expect to be asked if you're carrying.


Third, expect that if you're carrying the officer is likely to ask you to remove your weapon.


Fourth, instead of waiting for the officer to do something stupid like drop or mishandle your weapon, volunteer to place it somewhere out of reach, like the passenger side of the car or the back seat or what have you.


Fifth, don't expect anyone, whether police or military, to know how to operate YOUR gun. They know how to operate THEIR gun, and aren't given as much training as you might guess.


And finally, as a devoted owner of a Jack Russell Terrier, do yourself and the world a favor and get the little bugger a seat belt harness and a bark collar.


Don't ever forget a vehicle is a much deadlier weapon than a gun, and you need to operate it with far more care and skill.
 
The problem started when he handed the officer the CCW permit. If it is not state law then keep your mouth shut and just go with the flow. I don't know why most people assume that ALL LEO'S know about weapons and how to make them safe. Again most LEO'S know only about their own weapon and can get rattled when they have a strange weapon in their hands. I also am a retired LEO but I am fortunate that I have a lot of weapon's knowledge and feel very comfortable with any weapon in my hands.
Bill
 
I would expect any LEO to know (whether they were a "wheel-gun" man or not) how to safely make virtually any small-arms weapon safe. And if they were somehow confronted with some strange firearm they just could not figure out, that they would have the good sense to ask "Hey, how do you safe this thing?"
And yet, they do not, as localgirl mentions below.
Fifth, don't expect anyone, whether police or military, to know how to operate YOUR gun. They know how to operate THEIR gun, and aren't given as much training as you might guess.
I would expect that any police officer confronted by a firearm on a person with whom they are interacting would have the common courtesy to leave it the Hell alone. If an officer of the law cannot make out a Reasonable, Articulable Basis for Concern for Officer Safety founded in concrete, observable fact, then they don't need to be playing with the other kids' toys. A gut reaction, instinct, or experience with this "type" of person (armed) doesn't cut it under Terry. Terry requires that the subject be believed to be both armed AND dangerous, not armed OR dangerous.
 

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