01.03
Video of officer drawing down on open carrier.
I’ve run into officers like Stern. I call them the “I’m fit to protect myself but not you” officers. Ed Stone over at the examiner.com has a great write up on the the court’s decision.
According to the case opinion, the lawyer, Greg Schubert, had a pistol concealed under his suit coat, and Mr. Schubert was walking in what the court described as a “high crime area.” At some point a police officer, J.B. Stern, who lived up to his last name, caught a glimpse of the attorney’s pistol, and he leapt out of his patrol car “in a dynamic and explosive manner” with his gun drawn, pointing it at the attorney’s face.
Officer Stern “executed a pat-frisk,” and Mr. Schubert produced his license to carry a concealed weapon. He was disarmed and ordered to stand in front of the patrol car in the hot sun. At some point, the officer locked him in the back seat of the police car and delivered a lecture. Officer Stern “partially Mirandized Schubert, mentioned the possibility of a criminal charge, and told Schubert that he (Stern) was the only person allowed to carry a weapon on his beat.”
For most people, this would be enough to conclude that they were being harassed for the exercise of a constitutional right, but the officer went further, seizing the attorney’s pistol and leaving with it. Officer Stern reasoned that because he could not confirm the “facially valid” license to carry, he would not permit the attorney to carry. Officer Stern drove away with the license and the firearm, leaving the attorney unarmed, dressed in a suit, and alone in what the officer himself argued was a high crime area.
The officer has decided to perpetuate the “us vs. them” mentality that is so pervasive in law enforcement, sad. This officer has claimed (and had held up by this court) that he couldn’t validate that the person’s credentials were real. I plan on working out a tactful way to inquire about and obtain proof that the individual claiming to be a “police officer” is such. I’d hate to become the victim of an impersonator. I suspect the officer’s response will be “I have this gun and this cool cruiser with flashy lights and a spiffy badge”.
[Source]
I recently thought about this as well. It really shouldn’t matter because a police officer shouldn’t be doing anything that a citizen couldn’t do. In reality that isn’t the case since a police officer can do the 12031(e) checks. I guess you could ask for his ID card, then call the station and ask if officer such and such is on duty and to describe what he looks like. It’s a half-decent way of doing it, but obviously it has many faults.
I think the real response should be that you’re going to have to confiscate the “police officer’s” firearm and identification card until you can properly confirm that he is who he says he is. At that time you will be able to allow the (e) check.
Yeah, totally. I suspect if you had enough people with you could pull this off. I’d at least try, might get the officer thinking.
It would also come down to who’s willing to use violence to insure compliance.