Okay, I'm just going to vent. For those of you who know me, this might interest you...
A couple of days ago I was headed out into the desert on Pleasant Valley road. My older brother, a prison guard at the private detention facility on Pleasant Valley, was driving. We were going shooting.
Along the way, naturally, the conversation revolved (ha ha...) around guns! Big surprise there...
Subsequently, there came a point in time when my brother brought up his first experience with concealed carry. Now, I want to mention at this point that, for the short length of time I have spent here in Boise after serving in San Diego, about a year now, I had noticed my brother was very nervous about carrying in the open. It was relatively easy to see through the thick veil he tried to drape over this fact because of how hard he tried to refute the safety and normalcy of carrying in the open. He had thrown all the arguments at me such as, "oh, you'll get shot by cops," "the criminal will shoot you first," "it makes people uncomfortable," and other such statements. It took me a while to realize that he was not so uncomfortable with open carry, specifically, but attention from police. I found out why when he shared his story.
Apparently, on the way home from dinner with his girlfriend, my brother was pulled over by a Boise Policeman for speeding. My brother, being the honest kind, courteously informed the Police Officer that he was armed.
Not being sure how to proceed the Police Officer asked him to step out of the vehicle so he could disarm my brother for his (the Officer's) safety. My brother complied. For his cooperation he was rewarded with a nice, shiny, pair of steel handcuffs... around his wrists. The Officer then removed my brother's weapon from its holster, unloaded it, and confiscated his spare ammunition. I should mention at this point that my brother was not under arrest, at any point during the stop, according to his account.
I don't remember if there was a citation issued. After the Officer had detained him, backup arrived, for the Officer. Having resolved whatever infraction the Officer had detained my brother for, the Officer returned my brother's weapon, into the trunk of his car, while my brother was in the driver's seat, hands on the wheel. The Officer then backed away in his patrol car while his partner held his firearm out the passenger window, pointed in my brother's direction.
I asked my brother why he hadn't asked the Officer if he was being detained and why he hadn't told the Officer that his weapon was not to be confiscated unless it was used in the actual commission of a felony, according to the Idaho state constitution, article 1, section 11. He told me that he didn't know that he could.
Okay, now that storytime is over I have some lingering questions. The Idaho state constitution does, in fact, state that no weapons are to be confiscated accept those used in the actual commission of a felony. Am I incorrect in assuming that this means Police Officers are not actually authorized to disarm you unless your weapon was used while you committed a felony? I understand that the Police are going to do whatever they feel is correct in the moment. I also know they will likely get away with it even if they are wrong. This is reality. I just want to know if the LAW allows this in its actual meaning and if not, what law does allow Officers to confiscate weapons.
Ugh, all this gives me a headache.
A couple of days ago I was headed out into the desert on Pleasant Valley road. My older brother, a prison guard at the private detention facility on Pleasant Valley, was driving. We were going shooting.
Along the way, naturally, the conversation revolved (ha ha...) around guns! Big surprise there...
Subsequently, there came a point in time when my brother brought up his first experience with concealed carry. Now, I want to mention at this point that, for the short length of time I have spent here in Boise after serving in San Diego, about a year now, I had noticed my brother was very nervous about carrying in the open. It was relatively easy to see through the thick veil he tried to drape over this fact because of how hard he tried to refute the safety and normalcy of carrying in the open. He had thrown all the arguments at me such as, "oh, you'll get shot by cops," "the criminal will shoot you first," "it makes people uncomfortable," and other such statements. It took me a while to realize that he was not so uncomfortable with open carry, specifically, but attention from police. I found out why when he shared his story.
Apparently, on the way home from dinner with his girlfriend, my brother was pulled over by a Boise Policeman for speeding. My brother, being the honest kind, courteously informed the Police Officer that he was armed.
Not being sure how to proceed the Police Officer asked him to step out of the vehicle so he could disarm my brother for his (the Officer's) safety. My brother complied. For his cooperation he was rewarded with a nice, shiny, pair of steel handcuffs... around his wrists. The Officer then removed my brother's weapon from its holster, unloaded it, and confiscated his spare ammunition. I should mention at this point that my brother was not under arrest, at any point during the stop, according to his account.
I don't remember if there was a citation issued. After the Officer had detained him, backup arrived, for the Officer. Having resolved whatever infraction the Officer had detained my brother for, the Officer returned my brother's weapon, into the trunk of his car, while my brother was in the driver's seat, hands on the wheel. The Officer then backed away in his patrol car while his partner held his firearm out the passenger window, pointed in my brother's direction.
I asked my brother why he hadn't asked the Officer if he was being detained and why he hadn't told the Officer that his weapon was not to be confiscated unless it was used in the actual commission of a felony, according to the Idaho state constitution, article 1, section 11. He told me that he didn't know that he could.
Okay, now that storytime is over I have some lingering questions. The Idaho state constitution does, in fact, state that no weapons are to be confiscated accept those used in the actual commission of a felony. Am I incorrect in assuming that this means Police Officers are not actually authorized to disarm you unless your weapon was used while you committed a felony? I understand that the Police are going to do whatever they feel is correct in the moment. I also know they will likely get away with it even if they are wrong. This is reality. I just want to know if the LAW allows this in its actual meaning and if not, what law does allow Officers to confiscate weapons.
Ugh, all this gives me a headache.
