Question for the LE

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BamaAlum97

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I had a very pleasant and professional interaction with 2 Owasso cops last week...I informed and they bothed acted like they could care less and continued our conversation...
 

Ethan N

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Your bolded text pertains to UNCONCEALED carry, although your point is understood as IIRC there is similar, if not exact language present in the law pertaining to conceal carry. And, standing on it's own in this discussion, would lead a layperson to the wrong legal conclusion.

You're probably thinking of 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."

It's amazing how rife the SDA is with ambiguous words. What does "inspect" mean? I don't know, but I like to think the intent is that a LEO is supposed to leave the gun in its holster unless he has probable cause. I also dislike the vague "probable cause that a crime has been committed." Committed by who? Where? When? I wouldn't push the issue.

Anywho, the inclusion of the word "unconcealed" in paragraph B was actually a mistake in the text of the bill. It wasn't intended to be there and the next round of cleanups to the SDA will ideally remove it.
 
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BadgeBunny

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You're probably thinking of 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."

It's amazing how rife the SDA is with ambiguous words. What does "inspect" mean? I don't know, but I like to think the intent is that a LEO is supposed to leave the gun in its holster unless he has probably cause. I also dislike the vague "probable cause that a crime has been committed." Committed by who? Where? When? I wouldn't push the issue.

Anywho, the inclusion of the word "unconcealed" in paragraph B was actually a mistake in the text of the bill. It wasn't intended to be there and the next round of cleanups to the SDA will ideally remove it.

I wasn't gonna point this out but decided it was important to the discussion. AKGuy's post indicates, though doesn't explicitedly state, that he was carrying concealed. Your bolded text pertains to UNCONCEALED carry, although your point is understood as IIRC there is similar, if not exact language present in the law pertaining to conceal carry. And, standing on it's own in this discussion, would lead a layperson to the wrong legal conclusion.

You make it sound like the SDA is the only piece of legislation ever enacted that is "rife" with "ambiguous" words. Sheesh ... Irregardless of legislative mistakes and legal wranglings over the plain definition of words, it has been WIDELY held that officers are allowed to disarm if they can articulate a reason to do so. I'm not saying it is right ... or wrong ... just that it is so ... (Although, to be clear, I am FIRMLY in the "it is right" category.)

I am not an attorney ... nor do I want to be one. But I've been around lawyers, politicians, criminals (both "alleged" and "actual') enough to know that reading only a statute is not enough to determine whether you are in the "right" or "wrong" ... Oftentimes even getting a legal opinion will not save you from a ton of grief and heartache ... not to mention a much, much lighter wallet ... But then ... I'm not telling you anything you don't already know.

To read and interpret only ONE statute, to the exclusion of all other statutes, case law, etc. out there is to do so at your own peril.
 

Ethan N

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... Irregardless of legislative mistakes and legal wranglings over the plain definition of words, it has been WIDELY held that officers are allowed to disarm if they can articulate a reason to do so. I'm not saying it is right ... or wrong ... just that it is so ... (Although, to be clear, I am FIRMLY in the "it is right" category.)

Completely agree! I don't think it is right for LE to disarm someone who is not doing or doesn't appear to be doing anything criminal or suspicious. I don't consider being stopped for a traffic violation to be criminal or suspicious in that sense (even though a traffic stop is an important opportunity to investigate other potential criminal activity). Thankfully, most cops in Oklahoma seem to realize that the fact that someone has an SDA license in their pocket means they're almost definitely friend, not foe. I want police to have the option to disarm a subject, if a situation calls for it, but I dislike that some make it their own personal standard procedure. However, I've always been taught and will always practice that you do what LE tells you to do. If they do something wrong, comply now, complain later. If a cop disarms me for no good reason, I'll be peeved, then I'll get on with my life. It's no big deal.

I am not an attorney ... nor do I want to be one. But I've been around lawyers, politicians, criminals (both "alleged" and "actual') enough to know that reading only a statute is not enough to determine whether you are in the "right" or "wrong" ... Oftentimes even getting a legal opinion will not save you from a ton of grief and heartache ... not to mention a much, much lighter wallet ... But then ... I'm not telling you anything you don't already know.

Tell me about it. I won't have to learn that lesson twice.
 

bettingpython

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Get a hidden camera, drive around in your car getting stopped and telling the cops what the statutes say, post on youtube. /sarcasm off

First off imho any violation of the motor vehicle code appears to be at least a misdemeanor, so those who say it doesn't count as an ongoing criminal action should just deal with it. Don't like it get the law changed rather than whining about it.

Next unnecessary handling of a loaded firearm. If you are that concerned about it then maybe you shouldn't be carrying one at all. ALL GUNS ARE LOADED! even when they are unloaded. Unloaded guns kill more people by accident than loaded guns do. I got no problem with an officer disarming me. As long as his booger hook stays off the bang switch we ain't gonna have a problem, funny story that is true coming up.

The gun toss... into the seat of a vehicle. Any firearm that is fully functional and safe enough to carry isn't going to go off just by getting tossed into the seat of a car. You can throw a glock on the ground with full force and all it's gonna do is bounce. If my carry piece is so sensitive that a bump might set it off then I don't believe I want to stick it in my pants either.

The funny one was when I saved a SS pd officer from discharging a 45 into the top of his cruiser engine back in 97 I think. Got stopped expired tags on the goldwing I knew it, but it was a holiday weekend and I didn't want to stay at home, (turns out I didn't have a current insurance card on me either). Officer gets me for my tags, tell him I'm carrying and he informs me he is going to disarm me. He takes the officers 1911 back to cruiser lays the spare mag and the carry mag on the hood and proceeds to fumble around with it trying to decock the hammer after removing the magazine, he almost managed to get the safety off and discharge the chamber round into his cruiser hood before I finally walked him through the manual of arms for a 1911. He was carrying a sig .45 sa/da with decocker and knew nothing about guns other than what he was carrying.

He was fairly young about my age so imagine he might still be a police officer. Hopefully he's learned a little bit more about firearms if he is I think I may have saved him from some wounded pride. Oh and I took my ticket like a man and didn't ***** about getting disarmed, he did not "inspect" my firearm he never called my serial numbers in. Simply disarmed me for officer safety concerns. Handed me back my gun, both magazines and chamber round when he was done. I loaded, safed, topped off and holstered my pistol before he pulled away got back on the bike and went on down the road.
 

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