imported post
This is getting closer to a final draft. I've edited it to reflect my thoughts after todays meeting. I'm trying to be careful with facts and statements. Let me know your thoughts. I would like to send this to all of our local representatives, the attorney general, the police chiefs in Ada and surrounding counties, the papers, and anyone else you think I should send it to. I will still wait to hear from Mr. Clark before I send anything out.
At issue today is the “open carry” of firearms. The open carry movement is spreading across the country and has grown rapidly in Idaho over the past 4 years. The members of Opencarry.org have chronicled their experiences on a public Internet forum which you are welcome and invited to visit (opencarry.org).
We have some of the best laws in the country. The people of Idaho are represented by people who believe in freedom and responsibility. I thank God every day that I live here other than a State such as California, where the legislature tries to curtail the rights of their constituents every opportunity they get. With that in mind, I want to thank you, my government representatives, for standing up for us here in Idaho against the tyranny that is taking hold across the county. I'd like to thank the officers in my community who, daily and unselfishly, take the line to protect and enforce our constitution and our laws. Finally, I'd like to thank Patrick Calley, Casey Handcuff, John Dewey, Brian Bodine, and the other officers who know me on a personal level. You have always treated me and my organization respectfully and you reflect well on the members of your departments.
During the past several years many of our members have had contact with the police. Some of it has been cordial, some of it has not. Today I will only speak of recent events.
On August 17[sup]th[/sup], a member of Opencarry.org was illegally detained and disarmed while waiting at the bus stop with his wife. This harassment came at the hands of the Boise Police Department and was initiated because of the simple fact that he wore a handgun that was openly exposed in compliance with Idaho law. He was fully cooperative when he was ordered to get on his knees. He cooperated when they put handcuffs on him. And he cooperated when they illegally confiscated his sidearm and denied his right to self defense guaranteed to us by the United States Constitution and the Idaho Constitution. This man was doing nothing illegal and he gave the police no reason to engage in such appalling behavior.
On August 26[sup]th[/sup] I attended the fair with some friends from Opencarry.org. We met at the Jackson's gas station located just north of the Western Idaho Fairgrounds. At approximately 5:30pm, two Garden City volunteer officers stopped their vehicles to make contact with us. The interaction was polite at the start. Within 5 minutes, 4 more Garden City officers approached and surrounded us. After showing them that we were doing nothing wrong, I thought the confrontation would end. Instead, Deputy Chief Rick Allen went into the gas station and came back with the manager. When the Jackson's employee asked what we were doing, I responded that we were waiting for some friends and would be leaving soon. I told him we would leave if we were causing any trouble. He told the officers that we were not and went back to work. No citizen complaint was made about our legal activities. The officers chose to interfere with the peaceful enjoyment of our day and even tried to instigate further problems when no issue existed. It is my belief that no reasonable person would have assumed they are free to walk away while 6 or more officers have them surrounded. It was an unlawful, non-consensual detainment.
Before attending the fair, I was in communication with Patrick Calley, head of security and an Ada County Deputy. We debated at length the legality of the requirements for us to be able to carry our handguns while in attendance of the fair. It was finally determined that they could not regulate the manner in which we carry our firearms in any way, including requiring us to sign in at the sheriff's booth, identifying ourselves at the gate, or showing ID to gain admittance Upon arriving at the gate we were stopped by security and told that we would have to leave. This situation was quickly resolved by calling Mr. Calley. The next day, I received complaints from members of my organization claiming that they were still being stopped at the gate and asked to register with the police and show ID. The security and Ada County deputies only backed down when they realized which group they belonged to.
It is my belief that there is a systematic policy of stopping, questioning, and sometimes detaining anyone who is exercising their right to openly carry a firearm. At the very least, while some officers “get it”, the local police agencies are failing miserably in their duty to train their officers according to the law. It is these agencies with which I take issue. Although in good faith, it is my sincere belief that the individual officers are acting without proper instruction.
It is unreasonable to believe that a properly holstered firearm is reason enough to cause alarm or forced police interaction. The officers who stopped me at the gas station were acting solely on their own fears and some unwritten rule that “you shouldn't be doing that.” They failed to use their observational skills and see that we were peacefully engaged in a conversation while sitting on a sidewalk. The other customers at the station also observed us. Their response was to go about their business with the store and ignore it. Why then, without some kind of citizen complaint, did these officers proceed the way they did?
These are just a few examples from our vast catalog of documented police encounters. Situations like these have become burdensome on our rights to freely express ourselves and assemble. Many of our members feel they have been unlawfully co-hearsed into giving up their right to freedom from unreasonable search and seizure and their right to remain silent. I believe that in many of these encounters, if we were not as polite as we were, the instances would have resulted in an unlawful arrest.
Mr. Attorney General, if there is any merit to what I am saying, please make sure this is forwarded to the necessary agencies outside of Ada County.
Please understand that we have been patient. For almost four years our members have worked tirelessly to foster good relations with the local agencies and educate the public, including individual officers, on the legal carry of firearms. It is my opinion that the departments simply haven't gotten the message.
Be advised: we will no longer be “calling ahead” to make sure there are no issues when we attend an event. On the advice of an attorney, we will no longer willingly give up the constitutional rights that protect us during encounters with the police. While we wish to remain courteous, we also desire to be treated in like regard. It is my sincere hope that the local police agencies can self-educate and retrain their officers in how to respond to citizens who are legally carrying firearms.
If any of you would like to sit down and speak with me, I am available at your convenience We would like to see a swift resolution to this issue. Please understand that I mean no disrespect. It is because of the respect I hold for you that I write this letter today. Thank you for your consideration.
Sincerely,
**********
