First LEO encounter... Confronted at gunpoint

Does anyone know Jack Strains Email address I cannot seem to find it anywhere.. Thanks again everyone for the comment's and help

I OC nothingwronghere said:

Does anyone know Jack Strains Email address I cannot seem to find it anywhere.. Thanks again everyone for the comment's and help

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I appreciate your willingness to handle this properly Steven...

You'll probably have to call the Sheriff’s office to get the email address..
Phone # - http://www.stpso.com/page.php?p=gen_info

With regards to any written correspondence to government officials, please take the time to proofread and spell check. If you post your content here first, we can make helpful suggestions.

I OC nothingwronghere said:

Does anyone know Jack Strains Email address I cannot seem to find it anywhere.. Thanks again everyone for the comment's and help

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http://sheriffjackstrain.com/contact.html

Here is the email I sent to St Francisville Chief of police Scott Ford when Nikki Black had a confrontation when open carrying..

Subject: Open carry laws in La
>
> To whom it may concern, I read were a young man in your
> town was open carrying a gun and was told it was not within
> the law to do so...I do not know all the facts in the
> situation but this is being discussed in a forum and I feel
> that your dept has the right to explain actions taken before
> people leap to any conclusions..here is a link to the forum
> in case you want to see what is being said and wish to
> respond>> http://opencarry.mywowbb.com/forum26/43498-1.html
>
> In case the information this young man has told people is
> correct (and I am not saying it is) I will provide you with
> this information...I was open carrying in my home
> neighborhood in the French Quarter (the 8th dist) and was
> approached by a man who started to point a gun at me..I fire
> my weapon and held the man for the police..I was not
> arrested because unless I was in a school zone or in a bar
> it was perfectly legal for me to open carry a gun in
> La. Here is a recent case as an example>> http://www.2theadvocate.com/news/27706824.html
>
> The D.A.s office in New Orleans has confirmed this right to
> me and the 8th dist police have also confirmed this in an
> open public meeting. I have obtained a legal opinion from
> a La. attorney who has also confirmed this in writing to
> me. If this young man was doing something other than
> just wearing a gun openly in a legal manner please let me
> know or get your side of the story out as I know that there
> is 2 sides to every story and I do not want to stand up for
> someone who was breaking a law, thank you xxxxxxxxxxxxx

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>
and the response I got from my email to Chief Scott Ford

xxxxxx this young man is certainly able to open carry his firearm. The Officers in Town understand this and are aware of him doing so. This is a small community and some people were alarmed and disturbed. We identified the young man and allowed him to be on his way. I very much support his rights to open carry his weapon.

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Sincerely,
Scott Ford


Hopefully Steven will receive the same type of response when he contacts sheriff Jack Strain and the matter will be settled. The head of a police department sets the tone for the rest of the officers.

and the final result of Nikki Blacks open carry problem>> LEOs in Saint Francisville.

Hey guys, I'm back with some good news. After that whole stink with the local PD, I'm happy to tell everybody that the Police in my town are now OC friendly. I was invited by Chief Scott Ford, and Mayor Billy D'Aquilla to hang out down at the station whenever I wanted about a week after my whole detainment. I have and I've become very good friends with all of the Officers and the Mayor. In my mind, this is the best outcome for the situation that happened back in May. And heck, I haven't had that funny little double take from anybody in a month or two. Police or not.

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http://forum.opencarry.org/forums/showthread.php?78290-LEOs-in-Saint-Francisville This is the best result a person could hope for in a situation like this. No bad feelings from either side and the right to open carry acknowledged publicly.

Email to sheriff

My email to sheriff Strain..

To Whom it may concern,

My name is Steven M. Fauntleroy I'm sending this email in complaint of an officer R. Loumiet. He would not tell me his rank. But the incident occured at the Racetrac gas station on Highway 190 Covington, LA on the 25th day of July 2010 at about 23:00. I entered the Racetrac to buy a coke and I had my sidearm , Taurus PT1911 .45 ACP, in a Blackhawk Serpa level 2 retention holster. The weapon was open to plain sight, my orange polo was tucked into my khaki shorts so there was no effort to conceal my weapon. Upon entering I greeted the attendents with a smile and asked "How are you all doing tonight". They smile and said " Fine and you?". I looked to the right and there was Officer Loumiet and his partner, who's name i can not recall. Loumiet drew his sidearm and pointed it at my chest holding it in a sideways 45* angle gangster style with his elbow bent, holding the weapon behind a shelf as if he were trying to hide it from my view. and the following conversation took place minus a few details that I cannot recall.
Loumiet "What are you doing?"
Me "Buying a coke officer"
Loumiet "What are you doing carrying a gun?"
Me " In Louisiana it's legal for me to open carry a sidearm in public"
Loumiet "Where did you hear that"
Me " I've read it on various Forums and I've read the laws on the matter"
Loumiet " Oh yeah what stature says that"
Me " I can't remember the numbers sir"
Loumiet " You don't know what you talking about"
Me getting worried because his weapon is still drawn on me " Would you like to disarm me
Loumiet reaches out and unholsters my weapon and drops the clip and racks the slide. holsters his own and ask " Do you always carry a pistol with you when you walk around"
Me "Yes sir"
Loumiet " You never had an other police ask you anything or anybody call the police on you"
Me "No sir".
Loumiets partner " Do you have a license to carry it
Me " No sir in Louisiana you don't not have to have a permit to open carry"
Loumiet request to see my ID and I give it to him with no resistance of any type the partner writes down my information and ask if i have a phone number that i can be contacted at, I tell him my cell.
Loumiet " This isn't the wild west or Texas you just can't walk around with gun on your side I don't know who you are besides a man with a gun"
Me " Yes sir i understand"
Loumiet at this time request to know where my vehicle is and places my pistol inside on passenger seat.
Loumiet says " Its legal to open carry inside a vehicle for you protection but by putting it in that holster your concealing it." "Have you ever had any kind of police training or security training with a firearm."
Me "No sir"
Loumiet " Let me guess you've handled guns all your life."
Me " Yes sir I have and know my way.......
Loumiet interrupts " Thats always the guy that....." Fails to finish sentence.
Me " Can i go to my vehicle to get a piece of paper to take your information down.
No response.
Loumeit " MY NAMES LOU-ME-A I SEE YOU LOOKING AT MY NAME BADGE".
Partner "Do you have a criminal record any past convictions"
Me " No sir"
Loumiet" Ok well get the training and carry it the right way, Underneath you shirt.

Few seconds more of conversation cannot remember details
Loumiet " I'm not trying to run you out of the store go ahead and get what you need.
I reenter and buy my Coke and the attendants are not startled with me or anything. I go to my vehicle to leave but, I check my firearm first and one of my rounds is missing from my clip, Not to push the issue I drive away with no further incident.

I've posted this incident on Louisiana Open carry forums linked here if you would like to see what individuals have to say
http://www.laopencarry.org/first-leo-encounter-not-very-good-like-to-got-shot-t476.html

http://forum.opencarry.org/forums/s...-Confronted-at-gunpoint&p=1317137#post1317137

I just wanted to inform you of this situation before an officer of your illegally arrest someone and you have a civil case on your hands like the one that occured to a fellow forum member
http://www.2theadvocate.com/news/27706824.html

I would like to see that this problem be dealt with for the safety of my fellow citizens that open carry sidearms. I would like to see that the whole force is notified of these laws and that citizens can legally open carry their sidearms. I would not like anyone else to have to experience the fear and embarrassment of having an officer hold a lawful citizen at gunpoint for no apparent reason.
Would like a response that this message has been received..

Steven Michael Fauntleroy
Cell (985) 237-****
Smfauntleroy@yahoo.com

Help me out with anything you see please thank you

Besides a few spelling errors I think you get your point across, by emailing this you are actually doing the sheriff a favor even if he does not see it that way, his officers need to be told how to properly handle a situation like this as it is sure to happen again, I am sure you will have some other peoples advise soon and when you send your email finally keep us posted.

Hopefully the sheriff will take a look here and see that people that choose open carry are not a threat to his officers. Its the criminals that have a hidden weapon that are the bad guys here, I would rather be able to see someones weapon and know they are armed then to be right next to an armed person with no idea they are armed. As long as you can see someones hands and weapon there is not much chance of a surprise attack.

I do have some sympathy for the average patrol officer and can understand how they could be a little jumpy considering the level of violent crime here but having someone hide their weapon so they can feel safe if a false feeling of security.

You’re getting your point across so I don’t think there’s a need to beat you over the head with the rules of English grammar. But…

Some changes you might make are…

-A couple of lines into your narrative you use the word “stature”. I’m sure you meant “statute”.

-A few more lines down add an “s” to “request”.

When you’re not narrating, it would be a good idea to write in complete sentences.
“Few seconds more of conversation cannot remember details” is NOT a complete sentence. This is just one example, but there are many instances of this.

Just take your time and rewrite your email with complete sentences. Then use a spell check editor and THEN proofread with your OWN EYES. Spell checking tools will not catch errors such as the ones I’ve already pointed out.

As an example, take your sentence: ”I just wanted to inform you of this situation before an officer of your illegally arrest someone and you have a civil case on your hands like the one that occured to a fellow forum member.”

Re-write as: I just wanted to inform you of this situation before an officer of your(s) illegally arrest(s) someone and (then you may) have a civil case on your hands like the one that occur(r)ed to a fellow forum member.

BTW - Are you aware that there is NO statute that “says” open carrying of a firearm is “legal”?

I hope you get this worked out, man. Too bad it might not work out like it did for me. I informed the St. Francisville Police Dept. about OC, and the laws and such. I've had no trouble after that LEO encounter, and actually came to be really good friends with the Chief and everybody in the department. Like I said, I really hope that all of this gets worked out for the best.

Never was good in English class Haha , thank you for your proofreading..
Yes i am aware that no statute says that it's legal but a law is not going to tell you what you can do just what you can't right? But once again thank you so much

I OC nothingwronghere said:

Never was good in English class Haha , thank you for your proofreading..
Yes i am aware that no statute says that it's legal but a law is not going to tell you what you can do just what you can't right? But once again thank you so much

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Not exactly... statutes can do both... most of the criminal code (Title 14) tells you what you can't do. However, if the state thinks it can regulate something... like concealed carry... then it can require a license, which is the state's way of telling you you CAN do something that would otherwise be illegal without the state's permission

You're doing fine... welcome to OCDO and LOCAL.

I found the round also he couldn't get back into the clip or something and sat it down on my floor board i just found it today under the back seat

As a retired peace officer I can't help but wonder why it is OK to point a firearm at a person absent any reasonable threat or information of pending danger.

When I was still active I can think of a number of different situations where I might have felt in more danger than someone carrying a holstered handgun buying a Coke.

While police are permitted to do somethings a non-police individual could do, this doesn't seem to me to be one of them. If John Q. Citizen grabs a firearm and points it at someone, for no legitimate reason, there would be some serious consequences to follow.

My 2 cents.

I OC nothingwronghere said:

Never was good in English class Haha , thank you for your proofreading..
Yes i am aware that no statute says that it's legal but a law is not going to tell you what you can do just what you can't right? But once again thank you so much

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Here's something you can save on your computer for the future so you can read the RS's for yourself.

http://www.legis.state.la.us/lss/lss.asp?folder=88

Sent

I double checked it and sent it

MrOverlay said:

As a retired peace officer I can't help but wonder why it is OK to point a firearm at a person absent any reasonable threat or information of pending danger.

When I was still active I can think of a number of different situations where I might have felt in more danger than someone carrying a holstered handgun buying a Coke.

While police are permitted to do somethings a non-police individual could do, this doesn't seem to me to be one of them. If John Q. Citizen grabs a firearm and points it at someone, for no legitimate reason, there would be some serious consequences to follow.

My 2 cents.

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I think the problem has to do with La. itself....many small towns here and a lot of large ones have until recently just gone about having a business as usual attitude and the local population did not question a law enforcement official no matter what...now things have changed but the law enforcement community has been slow to respond to the idea that they actually work for the local citizens and can not do what they want with out regard to laws. They do not take very kindly to being told that they are wrong..or that they are not doing their job properly..they just cant seem to get a handle on the fact that things have changed and that they need to change with the times. They miss the good old days were no one dared to question them.

estcrh said:

I think the problem has to do with La. itself....many small towns here and a lot of large ones have until recently just gone about having a business as usual attitude and the local population did not question a law enforcement official no matter what...now things have changed but the law enforcement community has been slow to respond to the idea that they actually work for the local citizens and can not do what they want with out regard to laws. They do not take very kindly to being told that they are wrong..or that they are not doing their job properly..they just cant seem to get a handle on the fact that things have changed and that they need to change with the times. They miss the good old days were no one dared to question them.

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I would add that the age of computers has really given the people access to our laws like never before and with all the forums too. People didn't have the La laws at their finger tips and just passed on what they had heard for years.

Thank you all for the comment's. I'm trying my best to just stay calm about the situation and get it resolved peacefully. But, in my defense i did stare down the barrel of his service weapon for a god 30-45 seconds it was i little hard to keep my composure.

Got an answer... Not very happy

Email I got this morning


Mr. Fauntleroy,

We received your letter and acknowledge your concerns. After reviewing your letter, it is my understanding that you felt the Deputies had no right to detain, and disarm you. Under LA CCRP 215.1 a law enforcement officer has the right to stop a person in a public place who he reasonably suspects is committing, has committed, or is about to commit an offense. The officer can demand the persons name, address, and an explanation of his actions. It also states that if the officer finds a dangerous weapon, he may take and keep it until the completion of the questioning. The Louisiana Constitution does state the following; "The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person. My recommendation to you is that you apply for a concealed hangun permit if you plan on carrying your weapon openly on a regular basis. If not, there is a good chance you will be stopped and questioned on a regular basis. One of the reasons for this is due to the fact that the law prohibits certain individuals from carrying a weapon. Law enforcement has no way of knowing if that person is restricted or not unless they stop question and run that subject. I will speak with the Deputy in order to see if in fact he understands the state Constitution regarding to the above matter. I hope this answers any questions you might have had.

Captain J. Snell
Internal Affairs

I notice Cpt. Snell did not address the point about the deputy removing his firearm and pointing it at you unprovoked in gangster fashion. Questioning is one thing, overreacting is another.

As posted on LOCAL...

Indeed... even if 215.1 applies, it still does not give the officer authority to draw his weapon and point it at a citizen simply upon seeing that the citizen has a holstered weapon.

Of course if the OP's facts are correct, then no reasonable suspicion existed. As we are all aware, having an openly carried weapon does NOT constitute reasonable suspicion and because SOME people may not carry also, does NOT constitute reasonable suspicion. I'm sure the responding IA officer needs to review his position. Geez... some people drive without a license, that doesn't mean a cop can stop any driver to check for a DL without first having reasonable suspicion of some OTHER illegal activity.