Chuck
04-10-2009, 12:23 PM
This is an article circulating on the Law Officer mailing list as well in their printed magazine. The publication of this article is a sign that professional trainers are recognizing the need to spend some time reminding officers of the limits of their powers and the actual content of the laws they enforce. Don't take my posting this as my approval of everything Mr. Laska wrote. I disagree with a couple of his comments but the thought that the word is spreading is interesting to me.
From: http://www.lawofficer.com/news-and-articles/columns/Laska/carry_on.html
Carry On
Kimber Ultra Carry Stainless
Paul Laska
2009 Apr 10
You are tooling down Main Street and see the...gentleman...pumping gas into his chopped Harley at the Stop and Rob. Wearing a full beard and hair down to his shoulders, Dirty denim jeans, square-toe boots, a denim vest with some design across the back, and a holstered Glock 21 on his right hip. As you pull in and approach him, he nonchalantly continues to pump gas. As he finishes and puts the nozzle away, you tell him to keep his hands out, and that you are going to remove his pistol. He complies, even as a back-up arrives. Politely, he provides his identification, registration, and insurance card. As you prepare to hook him up, he looks at you, and says "I am allowed to carry openly. It's the law." Nonetheless, you hook him up and deliver him to lockup. A month later you are notified by the prosecutor that they have dropped all charges because his attorney pointed out eloquently that your state, to your and his bewilderment, permits open carry of firearms. Oh, and Billy the Biker will see you in federal court for his civil rights violation.
"No way," you say? In 44 states, open carry is permitted routinely to one extent or another. Some states are familiar names—Alaska, Arizona, Montana, New Mexico, states with deep roots in the cowboy or outdoors industries, where folks often need to carry as part of their work. Others are less expected, such as Virginia, where the wording was recently realized to be still present, even after their upgrades in their concealed carry law. Indeed, the map of open carry states is surprising, when one realizes that pistol permit bearers in such states as Connecticut, Massachusetts, Maryland, and New Jersey may carry openly, and that even California law permits open carry in rural areas.
So what does this mean to the officer on the street? First, remain aware of your state's laws. They change, or have nuances that are not always well known. Try to avoid being entangled in a legal dispute over what your state permits; it keeps your batting average up, helps you avoid civil court, and increases your prestige among your populace. Probably the best source of current information on open carry status in all fifty states is the web site Opencarry.org. This site maintains information on specifics of carry in each state, permitting one to be aware of all aspects for the state.
Second, if your state has provisions for open carry, be familiar with the limitations. As noted above, some states provide open carry for any permit holder. Others may attach limitations on open carry, just as there are on concealed carry. Perhaps bars, or churches, or government facilities are off limits. Know the limitations.
Third, how do you approach situations involving open carry? On the one hand, you are approaching an armed individual, yet on the other hand, it is a legal act. I asked this of Dave Smith, aka J.D. Buck Savage, retired Arizona DPS lieutenant and well-known and respected police writer and trainer. This was a situation Smith handled on many occasions as an Arizona lawman. He explained that the first step was to control the firearm—separate it from the citizen, secure it for the length of the interaction. On any armed encounter back-up was a routine request. Generally the firearm would be run NCIC while the situation was further handled. If the situation played out with no further criminal action, the firearm, emptied, would be returned to its owner who could reload it and re-holster it after the departure of the officers.
One aspect Smith noted was that "you rarely saw folks with handguns just walking around, but your biker types would regularly carry." This seems to often be the situation encountered in other locations—those carrying may be gun rights activists, non-felon bikers, or others voicing a political point of view. Thus it again pays to, first, be cognizant of the law, and second, maintain a professional, respectful attitude when handling these folks. Obviously, caution must be the first component, but caution and civil professionalism can be managed together.
Open carry has further meaning for us. Whether you live in the state, or are visiting, if it is a full open carry state you are covered. On the one hand, it really is rude to carry open in an urban setting. On the other hand, when in the back country, it is very reassuring, whether you may encounter snakes, mortally injured cattle and deer, or ne'er do wells looking to prey on the unwitting. In these areas, wandering into a small town with a handgun on the hip would not start mass panic, although it may bring raised eyebrows if you aren't known locally.
Several years ago a lengthy campaign by the Law Enforcement Alliance of America (LEAA) came to fruition with the passage of the Law Enforcement Officers Safety Act (LEOSA, often referred to as HR 218). For the first time in American history, the law enforcement community of both active and honorably retired officers was provided national concealed carry. Previously, it was a patchwork quilt; some states recognized any LEO as being able to carry, some restricted such carry to official business, and some did not recognize out of state officers' at all. Many of us invested in concealed carry permits, especially if our permit would be recognized by many other states.
Many years ago I had returned to my home town in Connecticut. As I drove through the heart of town, I noted a Florida tag on the car ahead of me, and recognized it as having been issued in Belle Glade, FL, the small town where I was serving at the time. It is an uncomfortable feeling, realizing that 1500 miles of travel has brought you back into contact with someone from where you work. Odds are they were a carload of citizens, but there is the possibility that they included someone I had interacted with on the job. I also remember the detective from another jurisdiction whose honeymoon took him to a large resort and vacation town. In the lobby of their hotel he and his new bride encountered a person he knew well—the suspect in a murder he had worked and had warrants issued for.
As a quick aside, LEAA exists to support the law enforcement profession and its aims. Membership is open to all; LEAA tries to unite officers, victims, and ordinary citizens. Along with its support of officers, it supports firearms rights and victim rights in the system.
LEOSA has its definitions, and its constraints. The definition of a LEO is quite broad, stating it is a governmental employee who "is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest." Thus most parole and probation officers, and many corrections officers, are included within this definition. The law does also state the officer must be authorized by the employing agency to carry firearms, be currently qualified by that agency, is not subject to a disciplinary action, and is not prohibited by Federal law from receiving a firearm.
Retired status requires that the officer have served at least fifteen aggregate years of service and been honorably retired, with a non-revocable right to retirement benefits. The retirement may not be for mental instability. An officer who has completed probation and been medically retired for a service-connected disability is also eligible under this act. Annually, the retiree must qualify with either the agency of retirement or an agency of the state where living, to the qualifications required by that state.
Active duty officers must be in possession of photographic identification issued by the employing agency. A retired officer must be in possession of such an identification plus a certification from the state where qualified showing satisfactory current qualification. Additionally, neither a retiree nor an active officer may carry under HR 218 if under the influence of alcohol or drugs. Also, state laws which permit private persons or entities to prohibit carry of firearms, or state laws prohibiting or restricting the carry of firearms on government property must be complied with.
Initially, there were major bumps on the road. Some jurisdictions stated they would not recognize an officer's right to carry under the law. Some states', such as my home state of Florida, did not have a state qualification standard; it took two or three years for Florida to properly establish a minimum qualification for all agencies in the state. Many chief law enforcement officers were under the impression that qualifying officers not retired from their agency exposed them to legal liability, and would only qualify their own retirees.
Our troubled economy actually aided in this aspect of the implementation of LEOSA. With tightening budgets, chief administrators started to look for new income streams. With the wording of HR 218 specifically authorizing fees for qualifying retired officers, agencies began to offer qualification days for these former cops. In popular police retirement places such as Florida, North Carolina, and Tennessee, this can bring in a welcome income stream to agencies, while bringing these officers into compliance for carry.
We must remain aware of state restrictions on carry in whatever state one is in. Fifty states and a myriad of laws makes it a formidable homework assignment, especially for the officer or retiree who in undertaking extensive travel. A variety of states permit private property owners (individuals and businesses) to post their properties as "gun free." Under LEOSA we are constrained by such a regulation. Also, each state has different rules on carry in government buildings; be aware before carry into law enforcement offices, courthouses, or any other government facility.
It's a new world for us. Carry options are greater for citizens and officers than ever before. We need to stay on top of these changes, to ensure we are responsive to our populations as well as to enjoy the expanded options ourselves. Our support of responsible carry among law abiding citizens is reflected with increased recognition of our ability to carry; for those of us who agree with Heinlein, an armed society is, indeed, a polite society.
From: http://www.lawofficer.com/news-and-articles/columns/Laska/carry_on.html
Carry On
Kimber Ultra Carry Stainless
Paul Laska
2009 Apr 10
You are tooling down Main Street and see the...gentleman...pumping gas into his chopped Harley at the Stop and Rob. Wearing a full beard and hair down to his shoulders, Dirty denim jeans, square-toe boots, a denim vest with some design across the back, and a holstered Glock 21 on his right hip. As you pull in and approach him, he nonchalantly continues to pump gas. As he finishes and puts the nozzle away, you tell him to keep his hands out, and that you are going to remove his pistol. He complies, even as a back-up arrives. Politely, he provides his identification, registration, and insurance card. As you prepare to hook him up, he looks at you, and says "I am allowed to carry openly. It's the law." Nonetheless, you hook him up and deliver him to lockup. A month later you are notified by the prosecutor that they have dropped all charges because his attorney pointed out eloquently that your state, to your and his bewilderment, permits open carry of firearms. Oh, and Billy the Biker will see you in federal court for his civil rights violation.
"No way," you say? In 44 states, open carry is permitted routinely to one extent or another. Some states are familiar names—Alaska, Arizona, Montana, New Mexico, states with deep roots in the cowboy or outdoors industries, where folks often need to carry as part of their work. Others are less expected, such as Virginia, where the wording was recently realized to be still present, even after their upgrades in their concealed carry law. Indeed, the map of open carry states is surprising, when one realizes that pistol permit bearers in such states as Connecticut, Massachusetts, Maryland, and New Jersey may carry openly, and that even California law permits open carry in rural areas.
So what does this mean to the officer on the street? First, remain aware of your state's laws. They change, or have nuances that are not always well known. Try to avoid being entangled in a legal dispute over what your state permits; it keeps your batting average up, helps you avoid civil court, and increases your prestige among your populace. Probably the best source of current information on open carry status in all fifty states is the web site Opencarry.org. This site maintains information on specifics of carry in each state, permitting one to be aware of all aspects for the state.
Second, if your state has provisions for open carry, be familiar with the limitations. As noted above, some states provide open carry for any permit holder. Others may attach limitations on open carry, just as there are on concealed carry. Perhaps bars, or churches, or government facilities are off limits. Know the limitations.
Third, how do you approach situations involving open carry? On the one hand, you are approaching an armed individual, yet on the other hand, it is a legal act. I asked this of Dave Smith, aka J.D. Buck Savage, retired Arizona DPS lieutenant and well-known and respected police writer and trainer. This was a situation Smith handled on many occasions as an Arizona lawman. He explained that the first step was to control the firearm—separate it from the citizen, secure it for the length of the interaction. On any armed encounter back-up was a routine request. Generally the firearm would be run NCIC while the situation was further handled. If the situation played out with no further criminal action, the firearm, emptied, would be returned to its owner who could reload it and re-holster it after the departure of the officers.
One aspect Smith noted was that "you rarely saw folks with handguns just walking around, but your biker types would regularly carry." This seems to often be the situation encountered in other locations—those carrying may be gun rights activists, non-felon bikers, or others voicing a political point of view. Thus it again pays to, first, be cognizant of the law, and second, maintain a professional, respectful attitude when handling these folks. Obviously, caution must be the first component, but caution and civil professionalism can be managed together.
Open carry has further meaning for us. Whether you live in the state, or are visiting, if it is a full open carry state you are covered. On the one hand, it really is rude to carry open in an urban setting. On the other hand, when in the back country, it is very reassuring, whether you may encounter snakes, mortally injured cattle and deer, or ne'er do wells looking to prey on the unwitting. In these areas, wandering into a small town with a handgun on the hip would not start mass panic, although it may bring raised eyebrows if you aren't known locally.
Several years ago a lengthy campaign by the Law Enforcement Alliance of America (LEAA) came to fruition with the passage of the Law Enforcement Officers Safety Act (LEOSA, often referred to as HR 218). For the first time in American history, the law enforcement community of both active and honorably retired officers was provided national concealed carry. Previously, it was a patchwork quilt; some states recognized any LEO as being able to carry, some restricted such carry to official business, and some did not recognize out of state officers' at all. Many of us invested in concealed carry permits, especially if our permit would be recognized by many other states.
Many years ago I had returned to my home town in Connecticut. As I drove through the heart of town, I noted a Florida tag on the car ahead of me, and recognized it as having been issued in Belle Glade, FL, the small town where I was serving at the time. It is an uncomfortable feeling, realizing that 1500 miles of travel has brought you back into contact with someone from where you work. Odds are they were a carload of citizens, but there is the possibility that they included someone I had interacted with on the job. I also remember the detective from another jurisdiction whose honeymoon took him to a large resort and vacation town. In the lobby of their hotel he and his new bride encountered a person he knew well—the suspect in a murder he had worked and had warrants issued for.
As a quick aside, LEAA exists to support the law enforcement profession and its aims. Membership is open to all; LEAA tries to unite officers, victims, and ordinary citizens. Along with its support of officers, it supports firearms rights and victim rights in the system.
LEOSA has its definitions, and its constraints. The definition of a LEO is quite broad, stating it is a governmental employee who "is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest." Thus most parole and probation officers, and many corrections officers, are included within this definition. The law does also state the officer must be authorized by the employing agency to carry firearms, be currently qualified by that agency, is not subject to a disciplinary action, and is not prohibited by Federal law from receiving a firearm.
Retired status requires that the officer have served at least fifteen aggregate years of service and been honorably retired, with a non-revocable right to retirement benefits. The retirement may not be for mental instability. An officer who has completed probation and been medically retired for a service-connected disability is also eligible under this act. Annually, the retiree must qualify with either the agency of retirement or an agency of the state where living, to the qualifications required by that state.
Active duty officers must be in possession of photographic identification issued by the employing agency. A retired officer must be in possession of such an identification plus a certification from the state where qualified showing satisfactory current qualification. Additionally, neither a retiree nor an active officer may carry under HR 218 if under the influence of alcohol or drugs. Also, state laws which permit private persons or entities to prohibit carry of firearms, or state laws prohibiting or restricting the carry of firearms on government property must be complied with.
Initially, there were major bumps on the road. Some jurisdictions stated they would not recognize an officer's right to carry under the law. Some states', such as my home state of Florida, did not have a state qualification standard; it took two or three years for Florida to properly establish a minimum qualification for all agencies in the state. Many chief law enforcement officers were under the impression that qualifying officers not retired from their agency exposed them to legal liability, and would only qualify their own retirees.
Our troubled economy actually aided in this aspect of the implementation of LEOSA. With tightening budgets, chief administrators started to look for new income streams. With the wording of HR 218 specifically authorizing fees for qualifying retired officers, agencies began to offer qualification days for these former cops. In popular police retirement places such as Florida, North Carolina, and Tennessee, this can bring in a welcome income stream to agencies, while bringing these officers into compliance for carry.
We must remain aware of state restrictions on carry in whatever state one is in. Fifty states and a myriad of laws makes it a formidable homework assignment, especially for the officer or retiree who in undertaking extensive travel. A variety of states permit private property owners (individuals and businesses) to post their properties as "gun free." Under LEOSA we are constrained by such a regulation. Also, each state has different rules on carry in government buildings; be aware before carry into law enforcement offices, courthouses, or any other government facility.
It's a new world for us. Carry options are greater for citizens and officers than ever before. We need to stay on top of these changes, to ensure we are responsive to our populations as well as to enjoy the expanded options ourselves. Our support of responsible carry among law abiding citizens is reflected with increased recognition of our ability to carry; for those of us who agree with Heinlein, an armed society is, indeed, a polite society.