Results
You’ll recall a bit back that Colt CCO was bodyslammed by a police officer for lawfully carrying a concealed weapon. Well, there’s an update:
Their determination was that the officer in question violated the departmental regulations regarding “knowledge of laws and regulations and courtesy”. This occured due to the officer’s confusion about the law in his previous state of police employment, Ohio, (I’ve gotta try that sometime, “I’m sorry, your honor, I thought I was in Ohio.”) where open carry is prohibited.
The official action(s) taken are:
– A written reprimand for the officer, “which reprimand carries with it certain inter-departmental consequences beyond just a notation in their personnel file.”
– Remedial training in TN Handgun Carry Permit law, and in dealing with the public.
– All KPD officers will be undergoing refresher training on Tennessee Handgun Carry Permit law during the next in-service training session.
– An apology from the Chief of Police, Sterling Owen.
Good.
Update: Turns out the officer doesn’t seem know the laws of his former state as open carry is legal in Ohio. Thanks to gattsuru.
September 20th, 2007 at 9:17 am
Uhm… living in Ohio, myself.
Open carry is still legal on the state level, and in fact protected by Supreme Court of Ohio decision, at least outside of a car. Individual locales used to be able to have more strict bans, but we’ve had preemption for a good nine months, now, and while it’s undergoing legal review it’s still considered binding until then nearly everywhere.
Interesting way to try and cover their asses, though.
September 20th, 2007 at 11:39 am
They couldn’t do much less as a “remedy” and actually do anything could they?
Seems like we get at least two incidents like this every week. LEOs have ruined their reputation. Bad for the country, bad for freedom and bad for the LEOs.
September 20th, 2007 at 2:58 pm
The official action(s) taken are:
– A written reprimand for the officer, “which reprimand carries with it certain inter-departmental consequences beyond just a notation in their personnel file.”
– Remedial training in TN Handgun Carry Permit law, and in dealing with the public.
– All KPD officers will be undergoing refresher training on Tennessee Handgun Carry Permit law during the next in-service training session.
– An apology from the Chief of Police, Sterling Owen.
That’s it? What happened was a case of assault and battery if I ever saw one and the cop should be charged with it. If I did the same thing I’d be doing jail time so why not this dumbfuck cop?
September 20th, 2007 at 4:24 pm
What’s worse is a lot of folk consider it acceptable : Insta said “This seems to have been well-handled”. I distinctly remember a much less friendly term for the responses to the arrests for videotaping police, and those sometimes actually resulted in more than a slap to the hands. Remember that the cop in question offered to “find him some probable cause, and a reason for me to sleep in jail.” The official response mentioned nothing regarding that particular aspect.
Threats of false arrest are not usually looked at kindly by professors of law.
Of course, Tennessee CHL owners have only spent time and money, put up with endless and sometimes contradictory laws, dealt with idiotic officials, proven themselves trustworthy through a background check, and provided tracking information to the BATFE regularly; all in violation of the Federal and State Constitution and basic human rights. They should expect assault, threats of false arrest, and simple surrender of their privacy.
Because guns are scary.
September 20th, 2007 at 4:29 pm
Er, can’t get a link to instapundit’s page to work. Eh, you all know how to get to it.
Anyway, I guess I should note that while I think open carry should be legal, and currently is in Ohio and with a CHL in Tennessee, it’s also a remarkably good way to get arrested if not shot a series of new holes by police officers.
September 20th, 2007 at 6:32 pm
No remedy, extra training or reprimand for the threat to file false charges. Does this mean that it’s policy?
September 20th, 2007 at 6:39 pm
It has been 12 years now since Tx enacted CHL. There have been lots of improvements in the law since then and LEO’s knowledge has gotten better. BUT, it is still amazing that as many as there are, some LEO’s still don’t understand CHL and common Texas firearm laws and rights. In the last few years the Texas State Troopers have had massive retirements and massive recruitments. Lots of the new ones and the transfers to West Texas from urban areas like Houston (the worst) and Dallas/Ft Worth are overly authoritive and unstable. One example is stopping young women alone in a vehicle (without any probable cause) just to get a look, then becoming very rude and issuing a ticket if a young female doesn’t play the game. Some of the transfers from the Houston area go absolutely beserk if there is a long gun in the back seat.
I have a feeling that it is going to become very beneficial to have recording devices in our vehicles to keep the LEO’s honest. It might even become optional equipment on new vehicles. Hmmm, a possible growth industry.
September 20th, 2007 at 9:01 pm
As a former Ohio resident, my experience was that while open carry was technically legal, you didn’t dare do it. Police response would probably be to body-slam you, which seems to be consistent with the officers defense.
September 20th, 2007 at 10:48 pm
Depends on the location, IME. As I said, I wouldn’t recommend it.
I’ve had no problem in the more rural and Republican areas, but it’ll get stares and funny looks from most. Anywhere else and you’ll be lucky if you’re only body-slammed; some folk have been arrested at gunpoint, and while the case is still pending, it looks like some people may have even been shot while OC’ing legally.
This is, by the way, for a right that the state Supreme Court went out of its way to note.
Of course, since Ohio’s CCW law requires guns in cars to be unconcealed or disassembled and locked in a contained that can only be reached by exiting the vehicle, some open carry is the only lawful option on the matter of executing a human right.