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Thread: Hypothetical situation

  1. #1
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    In this scenario, you are OCing while shopping. Unseen by you, a uniformedLEO comes up behind you and grabs your pistol without announcing their presence. You struggle to maintain posession for a few seconds until you realize it's a LEO and immediately stop resisting.

    What is likely to happen as far as criminal charges? Assume that there is no security video or witnessesto back up your story.

    Go even further and postulate on what if you successfully maintained posession and disabled or struckthe officer before realizing they were a LEO.

    This situation is the one that worries me the most about OCing.

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    Regular Member wylde007's Avatar
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    1. Make sure you have a reliable, solid retention holster.
    2. You are defending yourself until and unless you sense that you are not being threatened.
    3. If any officer approaches you and attempts to disarm you without notice, then you should have no immediate thought but to protect yourself and keep your firearm from being taken.
    4. If any officer attempted such idiocy, you should immediately file an FOIA, a formal complaint and a law suit against the officer and his department for civil violations.
    His actions to exercise dominion over your property without your consent is either assault or theft, depending on the statute.

    Any officer that did such an ignorant thing would be knowingly placing himself and others at great risk. An officer that would consider such an exercise is foolish, at best, and plain stupid, at worst.

    He should be fired, fined and possibly imprisoned.

    Hypothetically, anyhow.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
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    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    Perhaps I should be more clear. I was referring to what criminal charges they would bring against you, not the officer. The officer'sstory is going to be that they approached and announced their presence, then tried to disarm you and that you resisted.

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    If I had a recorder on at all times, what's the longest duration digital voice recorder that you can carry easily on your person? Preferably one not made in china.

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    Regular Member wylde007's Avatar
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    My phone will record up to an hour uninterrupted.

    If you were carrying openly and they attempted to disarm you without provocation or premeditated act, then I don't know what they could try to pin on you other than GATTTOP.

    And you would not meet any of the criteria.

    You would be inconvenienced.

    Then you sue them for wrongful arrest and civil rights violations. See also: Norfolk, VA.

    The reason the FOIA is important is that it will show exactly why you were approached and apprehended. If there is no record and the police report (which you are 100% entitled to see) do not show anything other than you being approached and disarmed, then you reiterate that in your complaint AND that you were disarmed without your consent and under duress/coercion.

    I know you are talking hypothetically, but hypothetically any officer foolish enough to actively disarm a lawful citizen, and without warning, should have the full weight of the civil courts laid upon him. And, as a warning to the municipality, the arresting authority or precinct should also be named as a defendant in the civil suit.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    Regardless of their intentions, legal or not, as a direct result of your resistance may include:

    Resisting arrest

    Disturbing the peace

    Going armed to the terror of the public

    Some kind of unlawful carry charge (depending on where you were they may try to say you were not permitted at that time in that spot, etc, etc)

    Obstruction of justice orof a police officer

    Assault with a deadly weapon (even if you man handled the officer, hit, kicked, pushed or shoved, whatever, the fact you had a gun at the moment kicks your potential and consequencescharges up several notches)

    I'm sure they can think of other stuff.......



    I will say most cases do not go down this way and you're more likely to be assaulted by a non-sworn person (such as a non-sworn security person) than a sworn police officer, but you SHOULD DEFEND YOUR SELF AT ALL TIMES. The chances of you being criminally assaulted by someone is far greater than a police officer trying to forcefully take your gun away with out due process.




    I have a blackberry with a 4gig memory card. I only hope that the limit is that of the memory card... I have the voice recorder programmed to a one-touch button for ease of access but if someone takes you by surprise, well, that may not be a plausible thing to do in that situation. Unless you were referring to having a recorder on permanently whenever you are out carrying.

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    tekshogun wrote:
    Unless you were referring to having a recorder on permanently whenever you are out carrying.
    That was pretty much the case. Do any of the recorders allow you to set it on a loop, so that it records over old stuff?

    I realize the odds are pretty low that a LEO would do this. Doesn't mean that I don't worry about it though.

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    Watch out the LEO's at or around the Cary Kinkos like to grab guns.

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    Doubt it. You can't resist arrest unless you know you are being arrested. If you are attacked from behind any normal and reasonable person in that situation would react defensively. I've never seen a uniformed cop who did a sneak-attack from behind.

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    Lawmaker wrote:
    Watch out the LEO's at or around the Cary Kinkos like to grab guns.
    http://opencarry.mywowbb.com/forum41/38899.html

    Exactly! I don't know why people think this is highly improbable.

    As for what criminal charges you would face, I would be more concerned about actually living through such a hypothetical situation.

    Unarmed people are beaten, tazed and shot by LEOs and you're proposing a hypothetical in which a LEO is illegally initiating a physical confrontation. Then an armed person "assaults" (at least that's how they'll likely see it) a LEO who has an obvious disregard of due process and civil liberties.

    I'd be thankful to come out of said situation without being shot.

    No trying to scare you but that's my honest assessment.

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