General Question On Police Authority

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This question is not state specific. I know there are differing laws between states on whether an officer can take your gun during an encounter; that's not the issue. For the purposes of this discussion, I'm not concerned with the officer who calmly asks me to give him my gun. My question is, can a police officer legally draw on me and force me to kneel or lie down, etc, for no other reason than that I am legally carrying a gun, either OC or CC? If I were to politely refuse that demand, would that act count as a crime? Please confine your answers to the legal aspect, not the relative wisdom of facing down an annoyed cop with a drawn gun. :what:

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Easy. If the officer draws down on you. Do what he says. This means kneeling if he asks you to kneel.

Do not get shot.

Sort things out later.

If you are Not having a pistol drawn on you; the officer isn't concerned that you will be a threat- and you may politely disregard the request to disarm, kneel, get down on the ground, etc.

If you are being detained for an investigation; which often happens with OC- you will be required to do what the officer says. If you are asking if you are free to go and you learn that you are not free to go... you must comply. (You are being detained)

Again... Do not get shot.

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Stupidity is not a crime, so argue all you want with the business end of a gun.

But if you want to contribute to the gene pool you better listen till you have a
safer option. Primarily would work on situational awareness so you
don't have them get the drop on you. Waited way to long at that point you
have no choice. If it turns into a habit with the locals, then you need to consider
what about you is attracting the bad elements, and take corrective steps to stop it.

All the rules and regs don't stop a bullet at the point of the encounter.
But if you want to leave a rich widow pull out your lighter, or if you hang out at
the police range and know how bad a shot the other guy is. But without that sort
of info I will smile and comply. Nothing bothers them more than a happy citizen who
should be cowering while staring down the barrel of the gun.

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In the situation you describe (being drawn on for no reason other than OC--that is, you're not suspected of committing a crime) the officer clearly would be acting improperly. However, DO NOT RESIST. You would have to sort everything out afterward. Get a lawyer, sue for illegal detainment, etc.

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Nothing bothers them more than a happy citizen who should be cowering while staring down the barrel of the gun.

Click to expand...

Interesting point. :lol:

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Having worked as a LEO, I've been drawn on by other LEOs. Same thing always applies, you get to your knees, hands behind the head... worse thing is to get shot because someone is trigger happy.

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Freightdog wrote:

If I were to politely refuse that demand, would that act count as a crime?

Click to expand...

It may count as a crime enough to at least get you arrested, charged and even prosecuted.

Being charged with resisting arrest is one thing that can happen. Failure to obey a police officer and obstruction are two other things that can come out of this. There may be even more.

If you want to argue with a man who is pointinga gun at you and believes he is in the right with what he's commanding you to do, be my guest. That is not the time or place to be discussing the matter. Failure to comply, even politely, is not going to help you in any single way I can think of and more than likely is going to lead to further negative as well as lawful consequences for you.

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Ditto on the above. As a member of the military who used to handle nukes, I've been drawn on more than once by security forces with itchy trigger fingers despite never having violated a single reg.

Comply, comply, comply.

I'm just damned glad they were as well-trained as they were!

If it's not a uniformed officer, however, I would at least ask to see some identification. If he refuses but lets you live, he probably really is an LEO, so just note it and bring it up in the lawsuit.

In answer to your question as to whether it's legal to make a stop for the sole purpose of MWAG aka open carry, at least here in the State of Colorado, NO, it's not legal, as open carry is legal, and detainments/stops on the basis of legal action are in themselves illegal. However, there may have been a complaint, and you'll have no idea if such complaint exists or the nature of it, and the LEOs are under no obligation to inform you of such complaint.

So: Comply, comply, comply, and sort things out later.

One thing you might want to remember - if you're carrying a firearm, I assume it's for the purpose of protecting self, property, and others, which is the same reason for LEOs. Thus, you're on the same side/team. You might want to keep that in mind and work within that maxim to the maximum extent possible. If you're rights are violated by some numbnut on the force (it can happen), pocket the issue and refuse to speak with anyone except a lawyer.