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Thread: Detained by an Alaska State Trooper

  1. #1
    Regular Member david.ross's Avatar
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    I first posted this story on PAFOA where I normally post even though I'm a resident of Alaska.

    This incident occured about 11:40 a.m. in front of Safeway located in Homer, Alaska.

    Most Alaska State Troopers are not like the story I'll mention below. All police in Alaska I've ever came in contact with never have a problem with me.

    *I'm wearing a duty belt, safariland level2, XD 45 compact, ammo holder, and an extra full mag*

    I was walking in the to local grocery store, and this guy dressed normally walks up behind me asking if I'm a police officer. I turn around, say no and see his badge. He tells me to stand still and not make any sudden movements while he reaches down and extracts my gun from the holster. Amazing thing it took him about 25 seconds to flip down the locking device and pull the weapon out.

    Anyway, he goes on how its illegal to OC, especially since I'm not a cop. Giong in to a public place is illegal while carrying a gun, etc etc etc. He tells me I'll go to jail on charges of assault. Then I tell him what the law is, and there are no laws on OC. So he proceeds to tell me I'm still young, sometime I tell him my age and he keeps spewing stuff about how he is right. I tell him Alaska is an open carry state, just like Vermont, and he still tells me I'm wrong, I'll be charged with assault. I asked him if he was a state trooper or an officer of Homer, he stated he is a state trooper who is located in Anchor Point. *anchor point is 20 miles away from homer*

    Oh well the best part I know you ALL *LOVE*... He said I'm breaking the law and I'll be charged with *chuckle* Disorderly Conduct.

    3 policeman show up from the Homer Police Department, I know two knew me, but I don't know if the 3rd knew me. They check my ID, which I don't mind, I think they were just trying to get the state trooper to go away. He told them I was open carrying my gun in to a store full of people, he has his family there in Homer, etc etc.

    I work for the City of Homer under their paycheck and under contract work which doesn't have anything to do with the as needed part time job. I must say, it is rather embarrassing to to be in front of acquintainces of which they all know you.

    After the state trooper departed, the officers apologized. *smile* Those guys are great. ^_^ They conversed with me, since I tend to ask many questions, and even report people who litter the streets with cig butts and other rubbish. They know I'm not threatening, and I informed them of many reasons I like to open carry, even the one where I like educating the random person who asks me questions on firearms or protection. Some people just converse with me about random stuff though too. I think... this gun has turned in to a social magnet, which isn't such a bad thing(for me only) since I've grown a tad anti-social, open carrying has actually forced me to talk to people and solved many issues which occur with people in small towns.

    They politely recommended I store the firearm in my car for now. I asked for the day, they said, yeah. Which I've to agree, I don't want to run in to this state trooper while in the store again which he might be in since I didn't see if he left or entered the store. Anyway, I went to my car, placed my gun in the box then locked the car. I went to the store to do my business left, etc.

    Will I be informing the State Trooper office in Anchor Point about this officer? half half. I don't know why the guy was acting like he did. He may have been tired or previously upset. Most of the state troopers are very nice and understand open carry laws. I'm going to just send a polite letter asking the State Trooper office to please bring their officers up to date with the current laws.


    Later on I posted this reply

    Situation reported the the Captain of the Kenai State Trooper office.

    I tried, but it was too hard to just conceal the person's identity, so the state trooper is being investigated by internal affairs and the captain. He called the Homer police department and spoke to one of the three officers on the scene.

    After he got off the phone with the officer at the police department, I spoke to the officer and apologized for opening an can of worms, but I had to inform the state trooper office. He agreed, and all was alright. I asked him to tell the others I apoligize if it is an inconvienence. Most people want to go do something meaningful, but have to deal with crap because some guy who is a trooper detained, confiscated a weapon, and ID'd for no reason a citizen.

    I received a formal apology over the phone from the Captain. I explained to him I don't want the person to get in to trouble, a simple talking to would do. He still told me afterwards he was very sorry again, and there was NO reason even legally for me to be detained or anything which happened after.

    Wasting the City of Homer resources over a non-incident? I think he will definitely get flack over that as well.

    End of Story.



    Afterthoughts

    Even though I'm not going to pursue any legal actions at this time, I'll submit a request to obtain the 911 call on tape for future reference in case any other incidents occur with this individual and his dislike for open carrying. I'll give him the benefit of the doubt, maybe it was just a bad day. His Captain on the other hand, sounded very angry so I don't know what is in store for him for when he returns to work.
    Gays are prominent members of firearm rights, we do more via the courts, don't like it? Leave.
    Religious bigots against same sex marriage are not different than white supremacists.
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  2. #2
    Regular Member Flintlock's Avatar
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    Very interesting story indeed. There are a few small gaps I was wondering if you could fill in though...

    Was there actually a 911 call made?

    Did the officer identify himself, besides you just seeing his badge?

    Did you get his card or badge number?

    Although, it will be resolved and no further action will be taken by you, I feel that this was a blatant act of personal hatred toward citizens carrying firearms and was handled in a threatening way by this officer. Ilaughed-out-loudat the threat of arresting you for assault for OCing a pistol.. Assaulting whom?? That wreaks of total ignorance of the law or total personal bias. Either way, it was wrong.

    I'm not sure I have evermet an officer in my life that knew all of the weapon laws in theirstateby heart, but not appearing to know any of them is completely ridiculous. Particularly here, where there isn't that many restrictions to know!!

    Our troopers are some of the best trained in the U.S. and there is no excuse for this.

    You exercised great restraint in this situation and I applaud that, although I think I would be filing a formal complaint and going from there.


    Peace through superior firepower

    Luke 11:21
    "When a strong man, fully armed, guards his own house, his possessions are undisturbed.

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    Regular Member david.ross's Avatar
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    I don't know if 911 or the homer police department was called specifically. I don't think the lines except the ones which come from soldotna's 911 office have a recording device attached. So I'll just ask the Chief if he can get copies of the tapes for me after I fill out the information request.

    The officer stated he was a state trooper while holding out his badge. He did state he was a Sgt. at the Anchor Point location, but I didn't catch his name. He may not have stated it, nor did I ask him for his badge number even though its on his badge. Its really bothering when they don't allow you to read the badge for more than 2 seconds. Next time there is a situation like that I'll make them identify and show the badge so I can fully identify the person is a peace officer.

    Like you said, the state troopers are usually very informed. I don't know this one's case, which is why I'm giving benefit of he doubt.

    Gays are prominent members of firearm rights, we do more via the courts, don't like it? Leave.
    Religious bigots against same sex marriage are not different than white supremacists.
    I expel anti-gay people off my teams. Tolerance is key to team cohesion and team building.

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    Im not sure i would have let him reach for my sidearm, bieng that ignorant of the law, i would have had doubts about him bieng a reat LEO.

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    You're nicer than I am. I would have been madder than hell. I don't think I'd let an officer of the law take my firearm just because. And I wouldn't have left my firearm in my vehicle just to appease some trooper who is ignorant of the law. But good job keeping your cool.

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    N00blet45 wrote:
    You're nicer than I am. I would have been madder than hell. I don't think I'd let an officer of the law take my firearm just because. And I wouldn't have left my firearm in my vehicle just to appease some trooper who is ignorant of the law. But good job keeping your cool.
    exactly, i would have probably strapped on my second handgun and walked back in...

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    I think the right thing to do is to keep your cool, and if the officer wishes do disarm you, he may do so. You can fight it later in court or file a complaint to his department. I know our legal system sucks, but doing that may save you alot of headache in the future. Then again he may not even be a real LEO. I've never been hassled by an LEO for OCing, or anyone stating their law enforcement, so I'm not entirely sure how I would react.

    Sorry to hear about your negative encounter, especially here in the Last Frontier.

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    My question, from which part of the Lower 48 did this Alaska State Trooper come from, Chicago, New York City, Washington, DC???

    Put the guy on foot patrol for a week along with the refresher training. He can think about why it was wrong disarming a peaceable citizein for no reason wihle walking around a few hundred square miles of muskeg bog.

    I wish the Lower 48 had gun laws like Alaska's.

  9. #9
    Regular Member david.ross's Avatar
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    XD Owner wrote:
    I wish the Lower 48 had gun laws like Alaska's.
    There is always Vermont.

    Gays are prominent members of firearm rights, we do more via the courts, don't like it? Leave.
    Religious bigots against same sex marriage are not different than white supremacists.
    I expel anti-gay people off my teams. Tolerance is key to team cohesion and team building.

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    Regular Member david.ross's Avatar
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    Rabid SA-XD wrote:
    exactly, i would have probably strapped on my second handgun and walked back in...
    Well to be honest, I carry a second clip open on my duty belt as well. I was about to take it from my side, insert and chamber a round in front of the three Homer police officers. However they are good aquaintences, and I didn't want to place any futher stress on them. It's just a nice thing, that's all. In no way did I put my gun in the car because of them. I didn't want some trooper who I don't know to do anything after I place my sidearm in the holster and create another incident.

    Always try to de-esculate a situation and/or calm the people who are connected in to the incident. It's best to temporarily disarm or conceal my other handgun in a situation like that to prevent further confrontation. Of course next next time I visited a different place after work, I open carried my firearm.

    Stay Safe,
    Mr. Roo
    Gays are prominent members of firearm rights, we do more via the courts, don't like it? Leave.
    Religious bigots against same sex marriage are not different than white supremacists.
    I expel anti-gay people off my teams. Tolerance is key to team cohesion and team building.

  11. #11
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    I have been Oc'ing in Homer for a few yrs and have NEVER encountered such ignorance.

    I never wish ill doings upon another but I would ask for this officers training records. see where he has been and how long where. also let you see if he was a latteral hire from another department, might talk to that dept chief as well as to why they never properly trained there officer.

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    Regular Member ainfantry7's Avatar
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    I think you handled the situation great...You kept your cool, did everything he asked, and now you've educated one more person on OC laws in the great state of Alaska.

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    How come you never hear of cops or troopers going into a crack house and taking thier guns away?

    The tax paying citizen is the easy target and has a job to go to work every day so they dont have time to go to court and demand their rights!

    I guess the best way to carry in a populated area is consealed so (they) dont know you're armed, but if it is legal and you want to, its legal, and thats the law, not what some yeahoo cop thinks it is for that day! ( A lawbiding citizen may need self protection when them uninformed cops aint around)

    Every State should have a 2nd Amendment lawyer that takes these cases for free and splits the money won with the falsely accused.

    Like that Wayne Anthony Ross guy in Anchorage.


    Speaking of troopers did you hear about that Wooten guy? He said he wants to put some lead in Gov. Palins Father? You dont see any cops taking his guns away!




  14. #14
    State Researcher
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    If you conceal carry and are talking to a LEO you MUST notify them right away you are carrying.

    I just OC, that way I dont have to worry about telling them.

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    Regular Member Gunslinger's Avatar
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    42 USC 1983. This guy is a moron. "Assault"? He doesn't have a clue as to the law. The correct thing to do is get jerks like this badge and gun. He is a menace.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    Regular Member Sonora Rebel's Avatar
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    As a former cop... I can't believe this clown is a Sergeant. Most everybody knows AK is a no restrictions RTKBA State. I would expect an AKST to know that automatically. As far as gettin' anyone in 'trouble'... Damn right you should. Otherwise people such as he will continue to abuse the power of the badge at their whim. My thinking is he should be forced into another line of work... like flippin' fries at Mickey D's. This is just blatant abuse of authority. I'd file a formal complaint... Copy to the AK Attorny General, State Police, His CO... and the local PD

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    Regular Member Thundar's Avatar
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    Insane Kangaroo,

    Good to see you have handled this in a non-confrontational manner. I would only get my beligerant sue their pants off attitude if there was another incident.

    I would document everything that you have said here and get a copy of the SP investigation. That way if there are more problems you can show a pattern of lawless behavior by the SP.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Regular Member Sonora Rebel's Avatar
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    Doggone it... the clarity of that. 'Lawless Behavior'... by Law Enforcement.

    Not only this incident in Alaska... but Louisiana, Virginia, Alabama, Pennsylvania, Ohio...

    There are those willing to give LEO's the benefit of the doubt. "They can't 'know every law'... Well... 'Ignorance of the law is no excuse.'It's especially no excuse for any LEO. The law, procedure and application is paramount to professionalism. There are REAL criminals doing REAL criminal acts... and yet law abiding citizens continue to be harrassed merely on the basis of irrational fears rather than any intentional criminal behavior, in the free exercise of a RIGHT.

    THAT is 'Lawless Behavior' under the color of the Badge.... and it has to be STOPPED!

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    Sonora Rebel wrote:
    Doggone it... the clarity of that. 'Lawless Behavior'... by Law Enforcement.

    Not only this incident in Alaska... but Louisiana, Virginia, Alabama, Pennsylvania, Ohio...

    There are those willing to give LEO's the benefit of the doubt. "They can't 'know every law'... Well... 'Ignorance of the law is no excuse.'It's especially no excuse for any LEO. The law, procedure and application is paramount to professionalism. There are REAL criminals doing REAL criminal acts... and yet law abiding citizens continue to be harrassed merely on the basis of irrational fears rather than any intentional criminal behavior, in the free exercise of a RIGHT.

    THAT is 'Lawless Behavior' under the color of the Badge.... and it has to be STOPPED!


    It is, If I recall your a former LEO or curent one like myself. I've said here for a while that I find it appauling and it is completely unacceptable behavior. Ignorance of the law is not an excuse and where not talking about parking laws, we are talking about laws where in most cases a violation is a felony. They should be aware of all these laws (just like everyone else is suppose to) and if they are not sure, they should give benefit of the doubt.

    People need to start pushing back on this nonsense. It seems accountability and responsibility are thrown aside when it comes to firearm/weapon laws.

  20. #20
    Regular Member Sonora Rebel's Avatar
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    Yeah... I'm a former Baltimore City (MD) Police Officer. (The BPD Academy was 18 weeks including 2 weeks with an FTO.) I worked a one man unit (usually) in a high crime area of the city. I see this kind'a stuff from 'cops' and it angers me... scares me too I s'pose that this sort'a criminal behavior can go unchecked and even encouraged.

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    Regular Member Statesman's Avatar
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    insane.kangaroo wrote:
    XD Owner wrote:
    I wish the Lower 48 had gun laws like Alaska's.
    There is always Vermont.
    Or Kentucky

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