Law Enforcement and Legal Carry


Sharpshooter207

New member
Hello to all! As an avid gun rights activist and soon-to-be LEO (going through the hiring process with my local PD as we speak), I would like to start a general discussion concerning attitudes and opinions concerning Law Enforcement and legal carry. This is not meant to vilify either side or start a flame war. Please use personal experience and empirical data as primary sources. That being said, how do you view the police when it comes to your right to carry? How do you approach law enforcement while carrying (traffic stop, open carry stop, etc)? I'd like to get a more widespread scope of popular opinion since I am about to be entering "the other side", for lack of a better phrase.
 

Don't ask, don't tell. I don't inform the officer of my legally carried tire iron either which could be used as a deadly weapon.

I never got the notion of "it's safer for the officer" to know. I certainly don't get the notion where a law enforcement officer feels it's well within his scope to disarm me while stopping me for a simple traffic stop. What does this accomplish? How is this in any way shape or form serving the public? It's not. It's just an abuse of power.

Here's the deal, the bad guy who is carrying illegally will never tell you about it. The legal, law-abiding citizen does. So who actually became safer when?

As a police officer you are to have a heightened sense of situational awareness. If you don't, you won't last long in your chosen field.

Also, before you think I'm "cop bashing"... I volunteer as a deputy with our Sheriff's department and put on a similar badge that you are about to wear.
 
Don't ask, don't tell. I don't inform the officer of my legally carried tire iron either which could be used as a deadly weapon.

I never got the notion of "it's safer for the officer" to know. I certainly don't get the notion where a law enforcement officer feels it's well within his scope to disarm me while stopping me for a simple traffic stop. What does this accomplish? How is this in any way shape or form serving the public? It's not. It's just an abuse of power.

Here's the deal, the bad guy who is carrying illegally will never tell you about it. The legal, law-abiding citizen does. So who actually became safer when?

As a police officer you are to have a heightened sense of situational awareness. If you don't, you won't last long in your chosen field.

Also, before you think I'm "cop bashing"... I volunteer as a deputy with our Sheriff's department and put on a similar badge that you are about to wear.

Didn't think you were cop-bashing at all, sir. I agree with everything you said. I know here in Texas, it's a requirement for a CHL holder to inform an officer if he/she is carrying during a traffic stop. But almost every officer I've come in contact with has simply said, "You keep yours where it is, and I'll do the same". I especially agree with your comment about heightened situational awareness. That tool is more important than any that's hooked onto a belt.
 
Didn't think you were cop-bashing at all, sir. I agree with everything you said. I know here in Texas, it's a requirement for a CHL holder to inform an officer if he/she is carrying during a traffic stop. But almost every officer I've come in contact with has simply said, "You keep yours where it is, and I'll do the same". I especially agree with your comment about heightened situational awareness. That tool is more important than any that's hooked onto a belt.


I'm glad you are open-minded enough to realize the purview of the job you are getting into.

As for TX... it surprises me that they have a duty to inform... but it also surprises me that they don't have open carry either. As far as the duty to inform.... if you pull someone over for, let's say, speeding and they are carrying concealed and don't tell you about it. You run them, see they have no warrants, you issue them a ticket for their infraction and send them on their way. Considering TX has a duty to inform... how would the person you pulled over informing you about their firearm, which had absolutely nothing to do with the situation, have helped? The answer is it doesn't.

As an officer, you will have to make the decision how to handle yourself when detaining someone concerning TX's duty to inform. A) someone doesn't inform, but you think they might have a firearm, what do you do; or B) someone does inform they have one, what do you do next? Those are rhetorical questions that would best be served mulling it over, which I think you will do considering that you started this thread to begin with.

Good luck with your career. Hopefully, you will be the type of LEO the people in TX can respect.
 
Hello to all!

Hey, how's it goin'?

As an avid gun rights activist and soon-to-be LEO (going through the hiring process with my local PD as we speak), I would like to start a general discussion concerning attitudes and opinions concerning Law Enforcement and legal carry.

OK, but some of my responses to your questions will be coming from the perspective that you are already an LEO and some will likewise be in the form of questions that I would ask you if you were contacting me involuntarily.

This is not meant to vilify either side or start a flame war.

Nor will my answers (or questions) be intended as such, but they will be direct, and they will be firmly-rooted in my expectation that LEO's have as much obligation to protect and defend my rights as I have to follow the laws they enforce.

Please use personal experience and empirical data as primary sources.

No problem. You, of course, will operate under the same rules, right?

That being said, how do you view the police when it comes to your right to carry?

I view police as a potential threat to me exercising any and all of my rights, including my right to live. Empirical evidence for the prudence of this view would be Oscar Grant, Kelly Thomas, Jose Guerena and hundreds, if not thousands, of both better and lesser-known cases of jack-booted-thuggery under color of legal authority that happen across this country on a virtual daily basis.

If I had to limit my response to only interactions with LEO's about my right to carry, I view them as many times more threatening to the free exercise of my rights than say, my 1st Amendment rights or 5th Amendment rights.

I view LE as the most visible symbol of tyranny. I view today's government(s) as organized criminal enterprises, and LEO's as their enforcers, meaning that your predecessors have polluted the image of LE as illegitimate anymore for many out here in flyover country. The rule not to snitch on each other is enforced as hard and fast as the Mafia, Aryan Brotherhood, MS13 and all other gangster enterprises, but it's worse with cops because when they murder, injure or violate the rights of other citizens, their partners on the scene, prosecutors and judges are so often in their corner that even if they are prosecuted, which is rare in and of itself, they get nothing-sentences or acquitted due to how lackadaisical the prosecutor was, or how many bogus rulings on evidence the judge made. Empirical evidence again, Oscar Grant, Kelly Thomas, Jose Guerena and hundreds, if not thousands, of both better and lesser-known cases of jack-booted-thuggery under color of legal authority that happen across this country on a virtual daily basis.

How do you approach law enforcement while carrying (traffic stop, open carry stop, etc)?

First off, they approach me, I never voluntarily approach them (anymore).

Let's get the traffic stop out of the way first. I have no duty to notify, and I don't/won't. I do have an obligation to answer in the affirmative if asked according to the carry statutes here, and I will follow the law, but I will continue to work to repeal that part of the law in the meantime because it's dumb, doesn't provide any safety to the LEO at all, and is an invasion of both my privacy and my rights. Otherwise, at a traffic stop, I will give my license, registration and proof of insurance, sign the ticket if the cop gives me one, but in either case, I will not answer questions about where I've been, where I'm going, have I been drinking blah blah blah. I will follow the law, and so will the cop, lest they be the subject of a suit for whatever violations of my rights or abuses of authority ensue because of me invoking my rights to remain silent.

How would I respond at an "open carry stop" though? First, there's no such animal here in Alabama. If OC is the only reason I'm being contacted, the cop has already overstepped his bounds. Otherwise, remember, these are questions that I'm asking you as an LEO. Please answer them the way you would if we were in a street-encounter. Ready?

1) "Am I being detained?"

(Assuming the answer is "No") "OK, see ya." End of encounter.

(If answer is "Yes") 2) "What law am I suspected of breaking?" (You need articulable suspicion of a crime either already having been committed, or about to be committed before you can legally force me into an involuntary contact.)

If the answer to #2 is something along the lines of, "You're not under suspicion of committing any crime 'yet,' I'm just trying to find out what's going on here since you're walking around with a gun on your hip," I will refer them to Terry vs. Ohio and remind them that open carry is not illegal here in Alabama. I would remind them as well that under Alabama law and Terry, an openly carried weapon sans any suspicion of any real crime either having been or about to be committed does not qualify as a legal reason to force an involuntary interaction on a citizen.

3) At that point, the last thing I would say before clamming up completely is, "Am I free to go?" If the answer is "No," I will invoke my 5th Amendment right to remain silent and deal appropriately with whatever lawless actions the LEO(s) impose on me from there.

So I've asked three questions of you above. Answer 'em and we'll go from there on what my attitudes/actions would be depending on your responses to them.

I'd like to get a more widespread scope of popular opinion since I am about to be entering "the other side", for lack of a better phrase.

Actually, considering today's culture of corruption within government from the top down to street-level cops, that is a perfect phrase to use. Sorry if that sounds harsh, but you asked for opinions, and I've given mine, while trying not to be rude or personally insulting or provoking at all. If you want to answer my questions, have at it. If not, you got exactly from me what you asked for. You will definitely encounter folks with my attitudes and responses to cops when you're out on the street. I seriously hope it makes you think about what you're getting into, but if not, c'est la vie, you asked, I answered honestly. Good luck to you and to the people you will encounter over the next 20, 30, or 40 years (assuming you're fairly young).

Blues
 
Wow, thank you for taking the time to respond so thoroughly. This is exactly what I was looking for. I will do my best to answer all your questions and concerns from my perspective as the theoretical "fresh face" of Texas law enforcement.

I agree that Law Enforcement, due to some bad cops and bad management, have become the bad guys in the public eye when it comes to gun rights. There's no real excuse for it, and the explanations are flimsy at best. I'll be the first to admit, there's a huge problem with the attitude of policing in America today. It seems that police no longer live by the "serve and protect" mantra we are so famous for. That is something I would like to help change, as much as I can. Even if I'm just one more "good" cop on the street, it's better than standing idly by. That being said, I've met a lot of great cops, too. Men I look up to and respect. However, these aren't the men you see in the news or on YouTube videos. Nobody wants to hear about the good guys. It's become popular to vilify the police, so that's what you hear about. If apples are selling, you don't sell oranges.

As far as our theoretical open carry stop, I will start by saying that if I approach you, a citizen I am sworn to protect, and you immediately treat me, a human being with whom you have never had any interactions, as the scum of the earth, we are not going to have a pleasant interaction. Cops are people, too. A little common courtesy (while still maintaining your rights, of course) goes a long way.

Now, assuming the answer to question 1) was "yes", I would probably follow up with
2) I do not suspect you of a crime, however, those I am sworn to protect are not as understanding as I am, so in order to serve them properly, I needed to find out what had them so worried. The description of your behavior I received does not line up with the impression that I'm getting from you. I'm just making sure. My job is keeping the peace, and that doesn't entail writing tickets to and arresting law-abiding citizens. If we cooperate, we might be able to mitigate some of the unfounded prejudices against gun rights.

3)At that point, if you asked if you were free to go without cooperation, I would be disappointed, however I would answer "Yes". I hope that my responses would convince you to work with me, though.

2 more points very quickly. 1) I highly recommend you read this article: In Defense of Law Enforcement | The Bang Switch It outlines a lot of the points I wanted to make quite well. And 2) I would request that you watch this video: YouTube It gives you a detailed look at my attitude toward gun rights of private citizens. I hope I've made some positive headway here today.
 
BluesStringer, I wish I could like your post more than once.

To the OP, I was a reserve police officer and your predessesors have done you a great disservice. They have saddled you with more distrust than you may believe. I thank you for your willingness to work in this field. There are two types of officers, cops who have an us vs them attitude vs cops who believe in cops, joe public and criminals. Don't be the first one. Remember, the badge shouldn't give you extra rights.
 
As far as our theoretical open carry stop, I will start by saying that if I approach you, a citizen I am sworn to protect, and you immediately treat me, a human being with whom you have never had any interactions, as the scum of the earth, we are not going to have a pleasant interaction. Cops are people, too. A little common courtesy (while still maintaining your rights, of course) goes a long way.

Just because you have been called, doesn't mean you have to make contact. You are right in that common courtesy goes a long way but many believe that being contacted for legal behavior is lacking in common courtesy. When you contact a citizen with anything beyond casual "how's the weather" conversation don't be surprised if someone who knows their rights desires to limit any communication with you. ANY official conversation with an officer is not designed to protect the individual contacted.
 
How to Remain Silent when Questioned by the Polic…: http://youtu.be/1n1BHJs5V5c

This is how I will respond to any police interaction. I personally don't trust any police officer, but I will respect that you too are human with a greeting and a good bye.

Sent from my HTCONE using USA Carry mobile app
 
Hello to all! As an avid gun rights activist and soon-to-be LEO (going through the hiring process with my local PD as we speak), I would like to start a general discussion concerning attitudes and opinions concerning Law Enforcement and legal carry. This is not meant to vilify either side or start a flame war. Please use personal experience and empirical data as primary sources. That being said, how do you view the police when it comes to your right to carry? How do you approach law enforcement while carrying (traffic stop, open carry stop, etc)? I'd like to get a more widespread scope of popular opinion since I am about to be entering "the other side", for lack of a better phrase.

How I view the police when it comes to my right to carry depends on how they view MY right to carry. We can either get along fine or not. Depends on them.
My husband and I were recently stopped at a road block and as he was driving, was asked for his driver's license. While he was looking through his wallet for it, he ran by his CC permit. The cop asked him if that was his DL or and ID (they look identical) and he said it was an ID. I was surprised since I figured any cop would be familiar with a CC permit. Guess not. I know for a fact that there are a record number of Kansans with concealed carry permits, but apparently very few actually have to show them to LEOs.
 
I agree that Law Enforcement, due to some bad cops and bad management, have become the bad guys in the public eye when it comes to gun rights. There's no real excuse for it, and the explanations are flimsy at best. I'll be the first to admit, there's a huge problem with the attitude of policing in America today. It seems that police no longer live by the "serve and protect" mantra we are so famous for. That is something I would like to help change, as much as I can. Even if I'm just one more "good" cop on the street, it's better than standing idly by. That being said, I've met a lot of great cops, too. Men I look up to and respect.

I'm curious if you read the one link in my previous reply? Where I put in parenthesis the word "anymore?" If not, I would ask that you do before telling me again how respectable and great many of the cops are that you've met. After you read it, you will understand why I say that, though you may have evaluated all those great cops you allude exactly correctly, for the citizen, we just never know, not even when our evaluations included pretty good friends. Please read it and you'll understand what I'm saying here and we'll talk about that later (if you want to).

However, these aren't the men you see in the news or on YouTube videos. Nobody wants to hear about the good guys. It's become popular to vilify the police, so that's what you hear about. If apples are selling, you don't sell oranges.

I find this to either be the height of naivete, or some kind of unconscious denial of what's happening in, and to, this country. For one thing, I can post links to many good, but more importantly, legal encounters with cops, most of them having to do with open carry (OC) activists who are routinely accused of "baiting" cops or just trying to draw attention to themselves, but who post the good encounters and give props to cops who protected their rights while doing their job nonetheless. What the heck, they're so easy to find that I'll put that "no one wants to see the good guys" canard to rest right now with a taste of the many one could find if they were really watching for reports of good cops.

https://www.youtube.com/watch?v=q1G1IscWi58

https://www.youtube.com/watch?v=1n1BHJs5V5c

https://www.youtube.com/watch?v=vdJ8pjKmIQU

There are a bunch more that I've personally seen and agree with the publishers that they were good stops, but for some reason the only copies I'm finding right now are on RT, AlexJones or infowars and I never use those kinds of sources to make a point. But the videos are out there, and I'm as happy as anybody to see them. Doesn't change a thing though. My rights will be respected fully, as will local and state law as it pertains to my responsibilities, and SCOTUS rulings as it pertains to limits on the cops' authorities.

As far as our theoretical open carry stop, I will start by saying that if I approach you, a citizen I am sworn to protect, and you immediately treat me, a human being with whom you have never had any interactions, as the scum of the earth, we are not going to have a pleasant interaction. Cops are people, too. A little common courtesy (while still maintaining your rights, of course) goes a long way.

So you're suggesting that me trying to understand the nature of our interaction by asking, "Am I being detained, Officer" is tantamount to immediately treating you as the scum of the Earth? You do realize that is a legal question, right? And the one following it if you answer "yes, you are being detained" is too, which again, would be, "What crime do you suspect me of committing?" Your answers to those questions are what determine whether or not you're acting within the law, and if you press the contact without valid answers to either or both of those questions, it is clearly you who is treating me as scum. You'd certainly be treating me as something less than a free man with the ability to interact with whomever I please, or don't please as the case may be, and like it or not, I do not wish to interact with cops.

The implied threat in your quote above about not having a "pleasant interaction" unless I acquiesce to your authority with "common courtesy," regardless of whether or not you have a legal rationale for forcing an involuntary interaction upon me (which you wouldn't have just for me OC'ing a gun where I live, which was the totality of the hypothetical, right?), shows me that your teachers/trainers have been busy as little bees in your head, and you have already been brainwashed to believe that your badge and gun will give you "special" authorities over and above the law that limits them on behalf of me, one of The People who pays you to protect and defend our rights. Yes, I do realize that "OC stops" are within your authority as a cop in TX, but I already told you there's no such animal here, and yet the implied threat still ensues for nothing but a hypothetical of a perfectly legal activity on my part*. Your hurt feelings over me not showing you some common courtesy that only you define doesn't trump my right to demand that you act within the law by remaining cognizant and protective of my rights from beginning to end of the interaction, period. Your teachers and trainers won't give that idea much more than lip-service, if that.

Now, assuming the answer to question 1) was "yes", I would probably follow up with
2) I do not suspect you of a crime, however, those I am sworn to protect are not as understanding as I am, so in order to serve them properly, I needed to find out what had them so worried. The description of your behavior I received does not line up with the impression that I'm getting from you. I'm just making sure. My job is keeping the peace, and that doesn't entail writing tickets to and arresting law-abiding citizens. If we cooperate, we might be able to mitigate some of the unfounded prejudices against gun rights.

I mitigate the prejudices against gun rights by OC'ing. I mitigate the threat to my individual rights from cops by knowing the law and sticking like glue to it. Your attempts to cajole me to cooperate with you as you violate my rights (by forcing an involuntary interaction with you for a perfectly legal activity) will get you only the questions I posed already, and eventually, my complete silence until either you decide, or your supervisor decides, to cut me loose, at which time I will do the courteous thing and say, "OK, see ya." Now, if you take me to jail or keep asking questions after I've invoked my 5th Amendment rights, all of which will be recorded and streamed to storage on the web so you can't delete or otherwise interfere with another perfectly legal activity BTW, you will earn a lawsuit for your department that I will very likely win.

3)At that point, if you asked if you were free to go without cooperation, I would be disappointed, however I would answer "Yes". I hope that my responses would convince you to work with me, though.

Work with you as you violate my rights? Not likely. And this is kind of hard to take seriously at this point anyway. Before I would've been treating you like scum if I asked questions about the nature of our interactions, and you said our interaction would "not be pleasant" from whatever point you deemed my questions as such, but in the same post here you say you'd just be a bit disappointed and let me go on my way. Your rational and good instincts may be talking here, but your teachers/trainers were talking above, and you let them set the tone not only for this reply, but for how interactions with liberty activists are very likely to go on a regular basis out on the street.

2 more points very quickly. 1) I highly recommend you read this article: In Defense of Law Enforcement | The Bang Switch It outlines a lot of the points I wanted to make quite well. And 2) I would request that you watch this video: YouTube It gives you a detailed look at my attitude toward gun rights of private citizens. I hope I've made some positive headway here today.

Mmmmaybe. Not really into reading and/or viewing assignments, but I might check 'em out. This is a tough conversation to have, and I appreciate you not going completely off the rails like other current, trainees and retired LEOs have when I've been as direct and unbending as I have been with you (so far). But I'm engaging in it with you, not with other writers or video-makers, so don't take it personally if I don't get around to reading or viewing them. I do a ton of reading every single day, as well as a fair amount of writing (not all of my posts are this long, but many, some might say most, are), and I provide a lot of content here that comes from that reading and writing. I'm kinda old, but even if I wasn't, I've always been pretty set in my ways. I prefer to get to know people by what they themselves say rather than through what others say that they happen to agree with.

Anyway, there ya go. Talk later.

Blues

*And to tell you the truth, I'm pretty sure that if OC stops are defined in TX statutes, they are rendered unconstitutional under Terry vs. Ohio, but I suppose that's another discussion for another day.
 
Wow, thank you for taking the time to respond so thoroughly. This is exactly what I was looking for. I will do my best to answer all your questions and concerns from my perspective as the theoretical "fresh face" of Texas law enforcement.

I agree that Law Enforcement, due to some bad cops and bad management, have become the bad guys in the public eye when it comes to gun rights. There's no real excuse for it, and the explanations are flimsy at best. I'll be the first to admit, there's a huge problem with the attitude of policing in America today. It seems that police no longer live by the "serve and protect" mantra we are so famous for.
This could be due to the fact that the Supreme Court in 2005 ruled that cops do NOT have a duty to protect the citizenry. This rankled many feathers. Please read this to see how many people are and have been outraged by the "service the people are paying for". Police Have No Duty to Protect You | Cop Block
That is something I would like to help change, as much as I can.
I surely hope you can. However, you will most likely have a tough go in your career if you always do what is right, rather than what is expected of you.
<snip>
2 more points very quickly. 1) I highly recommend you read this article: In Defense of Law Enforcement | The Bang Switch It outlines a lot of the points I wanted to make quite well. And 2) I would request that you watch this video: YouTube It gives you a detailed look at my attitude toward gun rights of private citizens. I hope I've made some positive headway here today.

Lastly, if you post things like this video while employed, you may rankle a few feathers of your own in your department. Remember, you are joining a brotherhood whether you agree with everything the brotherhood agrees with or not. This will be where the rubber meets the road. I honestly hope you can change things for the better.
 
As far as our theoretical open carry stop, I will start by saying that if I approach you, a citizen I am sworn to protect, and you immediately treat me, a human being with whom you have never had any interactions, as the scum of the earth, we are not going to have a pleasant interaction.

After reading blues comments, I too am curious by what you meant here. If I feel the police officer is treating me poorly, can I threaten him with an "unpleasant interaction."

If a civilian were to be rude, but within his Rights, and the police officer made the interaction "unpleasant", a the civilian defending himself kills the officer to stop any injury to himself, who are you going to defend? Or, the civilian dies attempting to defend himself, will you have the courage to prosecute your co worker to the fullest extent?

I am legal to open carry, so I've done nothing to warrant being stopped. So if I am stopped and questioned, you are essentially trying to make me prove my innocence. I too am a human being you have never met, and it seems since I have been stopped I all ready am the scum of the earth until I prove my innocence. Does this justify making the interaction "unpleasant?"

Sent from my HTCONE using USA Carry mobile app
 
I have a legal obligation to inform in Texas, and I do, have had no issues whatsoever with any Texas officer that has stopped me, I open carry in AZ and all officers there are well informed about the law, have had no issues with any LEO in AZ, I am a firm believer in the 2nd Amendment and am in favor of Texas becoming a constitutional open carry state. When not in Texas I follow the state law in those states I carry in, no duty to inform, I don't. Border control checkpoint are fishing stations I usually begin the encounter with good morning, I am a US citizen have a nice day.
 
I'm basically a law abiding citizen. Any reason for a traffic stop would be an extreme oversight. I don't normally exceed speed limits or drive erratically and don't drink or use drugs. The cop that feels threatened by me should reassess his career decision. I feel insulted that some snot nosed fuzzball tries to treat me like a common criminal. If you're going to be a cop, learn to treat citizens with respect.
 
I agree that Law Enforcement, due to some bad cops and bad management.....

I'm curious if you read the one link in my previous reply? Where I put in parenthesis the word "anymore?"........

So what's with the crickets, Sharpshooter? It's kind of weird for someone to start a thread, ask for comments on the topic, get them, and then completely bail when the comments don't go your way.

Not many, but some citizens that you will encounter on the street will be able to shoot holes in your rationale for contacting them. I hope you bail on them too, instead of the rather common trend of "protecting and serving" them to great bodily injury or death.

cricket.gif
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Blues
 
I guess I'm in a little late to say that I treat everyone with respect and generally receive the same, even when it comes to law enforcement.

You're very careful when you're dealing with an armed LEO, and you should be.

The LEO is very careful when dealing with an armed member of the public, and he should be.

Hope you're getting the info you need from your post to be an effective member of law enforcement.

Sent from my SGH-T999 using Tapatalk
 

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