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First LEO encounter... Confronted at gunpoint

renejgros

New member
Joined
Jun 3, 2010
Messages
2
Location
Assumption Parish, Louisiana, USA
""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.""


Like so many people are b____ing about in Arizona, this would be profiling. I guess the fact that you were carrying a gun makes you a criminal and they can detain you until they deem you other wise. I don't know about everyone else but this sure sounds like they are ok with their deputies profiling legal citizens.
 

I OC nothingwronghere

Regular Member
Joined
Jul 1, 2010
Messages
22
Location
Northshore, LA
Another Email Answer

Hey I got an answer from sheriff Jack Strain Overall I'm Pleased that he took the time to actually Look Into it I going to try and Call him and set up a meeting in person but i'm going to email him back.

Dear Steven,

Thank you for your note concerning your recent experience in the RaceTrac convenience store on Hwy. 190 in Covington . I have spoken with our patrol commanders about this incident and would like to offer you my thoughts on the matter.

First, and most importantly, you and I completely agree about citizens’ right to bear arms. I have always been a very vocal supporter of our 2nd amendment rights and will continue to vigorously defend them, along with all other parts of our constitution. I appreciate your being involved in gun-ownership-rights issues, and I hope you will continue these efforts in the future.

As indicated, I have had several conversations with our patrol commanders about your encounter with one of our deputies. Without disregarding your point of view of this incident, I would ask you to consider there were several individuals in the store that evening, and each one’s perspective of the matter is a bit different.

From our deputies’ perspective, he was in a closed environment (the interior of a business located just off the interstate), there were other citizens in the store (the cashiers), it was late at night and, lastly, a customer walked in with an unsecured and cocked handgun attached to his side. Given this scenario, he had no way of knowing whether or not you were a threat to the citizens in the store.

In a matter of seconds, the deputy had to make a decision about whether this scenario presented a threat to the safety of the other citizens in the store, his partner, and himself. Police officers are constantly presented with unique situations, each requiring an evaluation of all possible outcomes. Giving each deputy the discretion to make his or her own decisions on the basis of their experience and training is absolutely crucial to ensuring the public’s safety. In this situation, the deputy decided, in the interest of the public good, the best course of action was to ready his weapon and remove your weapon from the store, while still allowing you access to the store. Based on a review of our dispatch data, the entire incident lasted less than five minutes, including the time for you to make your purchase.

I believe another important consideration is that at no time did the deputy run your name or your weapon’s serial number through any law enforcement databases. That he did not pursue the matter with you beyond placing your weapon in your car is a clear indication to me that his focus was not just on you, but was on ensuring the environment was secure.

I hope this helps you understand our deputy’s actions in the store that evening. If you would like further clarification of any of the points above, I would be happy to meet with you personally. Please feel free to contact me directly at 985-809-8201.
Sincerely,
Sheriff Jack Strain , Jr.
 

codename_47

Regular Member
Joined
Jun 16, 2008
Messages
376
Location
, ,
Dude, I would be suing them and let a judge sort it out if their actions are proper. You can't just go around disarming people just because you want.
 

codename_47

Regular Member
Joined
Jun 16, 2008
Messages
376
Location
, ,
Welcome to La. I guess you have not heard what the police did during katrina.

I am well aware of what happened in Katrina. This is not that sort of situation. I am saying that you need to sue them. Legal opinions and all this other BS are just a waste of time. Unless you have the gonads to sue, you deserve every bit of misfortune and suffering that you get because you are part of the problem by being weak sheeple as opposed to standing up for your rights.
 

kwikrnu

Banned
Joined
May 14, 2008
Messages
1,956
Location
Brentwood, Tennessee
I cannot agree. It takes a lot of money to bring a lawsuit to court, and MOST people simply cannot afford to do so. It easy to say what you say until you are trying on the shoes yourself.

It doesn't cost much to bring a lawsuit, but it can cost a lot to win.
 

estcrh

Regular Member
Joined
Oct 24, 2008
Messages
365
Location
Louisiana, USA
Welcome to La. I guess you have not heard what the police did during katrina.

I am well aware of what happened in Katrina. This is not that sort of situation. I am saying that you need to sue them. Legal opinions and all this other BS are just a waste of time. Unless you have the gonads to sue, you deserve every bit of misfortune and suffering that you get because you are part of the problem by being weak sheeple as opposed to standing up for your rights.
it is the exact same situation..the police are making their own policy on how they will deal with a situation...before you contemplate a law suit all other means should be taken in order to get whatever police entity you are dealing with to change the way they are dealing with the situation in question. I think that the sheriff is caught in an unusual situation for him....hes officers are now being talked about in a public forum and he did say>>>

If you would like further clarification of any of the points above, I would be happy to meet with you personally. Please feel free to contact me directly at 985-809-8201.
Sincerely,
Sheriff Jack Strain , Jr.

Anyone here want to meet with him and discuss in an adult manner how his officers can handle a situation like this in the future so that his officers will not violate anyones rights and at the same time feel like their safety is not compromised. I am willing to meet him as I have had to deal with open carry problems myself in the Quarter..anyone else?
 
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estcrh

Regular Member
Joined
Oct 24, 2008
Messages
365
Location
Louisiana, USA
This situation and others like it is why having a written legal opinion addressing this issue would benefit ALL open carry advocates. Nothing gets the attention of department heads like a letter from an attorney, it does not cost much and in many cases it could be enough to get a law enforcement official to instruct his officers in the legal ways to handle a open carry situation.
 

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
This situation and others like it is why having a written legal opinion addressing this issue would benefit ALL open carry advocates. Nothing gets the attention of department heads like a letter from an attorney, it does not cost much and in many cases it could be enough to get a law enforcement official to instruct his officers in the legal ways to handle a open carry situation.

There is already "written legal opinion"... by the attorney general, the courts and the dang law itself... paying some attorney to write an opinion is useless... but, by all means... waste your money if you think it will help.

A well written letter by an informed citizen will probably do fine and if not, then let the legal process begin... that's why it's there.
 

estcrh

Regular Member
Joined
Oct 24, 2008
Messages
365
Location
Louisiana, USA
Estcrh and NRAMarine and others that have been involved in this thread:
I would like to go also. But, I think we need to think this through with further conversation. Should we first meet in person and discuss this situation? Should someone take the lead? There are a lot of issues to talk through. The Sheriffs also discuss things with other Sheriffs. Addressing this matter covers a lot of issues. I would like to meet and discuss to see what the best plan of action is. Your thoughts?

I am willing to meet with ANY group of people as long as they are interested in actually doing SOMETHING to help us be able to go about our daily lives with out the fear of having a officer pull a gun, tell us to put our gun away, ask for our names, question our right to open carry etc...I do not care what race,religion,social or political beliefs someone may or may not have or if I happen to like or dislike the person or people.....

I thought we were here on this forum because of our belief in our right to carry a gun in a legal manner....... as long as you support my right to carry a gun in public in a legal manner with out being set upon by some rogue armed law enforcement officer who does not know or does not care about the proper way to handle a open carry situation then I am ok with you....this is not a $%^$#@* love fest..... its about actually taking some kind of action to defend our rights instead of just sitting around hoping someone will solve our problem for us.
 

estcrh

Regular Member
Joined
Oct 24, 2008
Messages
365
Location
Louisiana, USA
There is already "written legal opinion"... by the attorney general, the courts and the dang law itself... paying some attorney to write an opinion is useless... but, by all means... waste your money if you think it will help.

A well written letter by an informed citizen will probably do fine and if not, then let the legal process begin... that's why it's there.

Gorge George George...you keep repeating the same old lines....the legal written opinion by the attorney general does not address what an officer can and can not do when they see a person open carrying a gun in public...is obvious that most law enforcement agencies recognize this right by the fact that while they are presently harassing people they see open carrying,,these people are not being ARRESTED....just harassed in the hopes of persuading people to stop carrying a gun in a legal manner in public.
then let the legal process begin... that's why it's there.
So George..are you offering to take this to court??? Or are you hoping someone else will just let themselves be a test case? Repeating something over and over will not make it magically happen.
 

estcrh

Regular Member
Joined
Oct 24, 2008
Messages
365
Location
Louisiana, USA
It's too easy to be misunderstood discussing these matters to this degree over the internet. If you, NRAMarine and whoever else wants to meet and discuss then let's set a time and a place. Not looking for a "love fest" either. Not really wanting someone to drink my style of "Kool-Aid" either. Just address this matter with more clarity as to what we should do about this situation. I'm on the North shore a lot and this latest situation concerns me. Some of us may have to take the bull by the horns and form a legal group with some representation or whatever is decided that works best to enable law abiding citizens to open carry without harassment from LEO's who are either misguided or know full well what they are doing.
I will send you my email...

I sent Paul my email and phone number with the purpose of meeting with a few like minded people to discuss the possibilities of getting some kind of legal help ....a written opinion by an attorney maybe...some sort of guide to the statutes and rulings pertaining to a law enforcement officers ability to detain a person who is carrying a gun in a legal manner......possibly in a letter form which could be presented to the head of law enforcement agencies that do not know or care about how to properly handle open carry calls and situations etc...

anyone who is interested in meeting or contributing if we can get something going on this say something.
 
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sraacke

Regular Member
Joined
Jul 20, 2008
Messages
1,214
Location
Saint Gabriel, Louisiana, USA
Some of us may have to take the bull by the horns and form a legal group with some representation or whatever is decided that works best to enable law abiding citizens to open carry without harassment from LEO's who are either misguided or know full well what they are doing.
Louisiana Open Carry Awareness League aka LOCAL. www.laopencarry.org. We already exist but we need members like you who are willing to actively work to change things. We are young, few in number and inexperianced but we are growing and learning.
possibly in a letter form which could be presented to the head of law enforcement agencies that do not know or care about how to properly handle open carry calls and situations etc...
LOCAL is already putting together a letter to LEAs. In fact NRAMarine is helping pay for it's postage.
 

estcrh

Regular Member
Joined
Oct 24, 2008
Messages
365
Location
Louisiana, USA
Louisiana Open Carry Awareness League aka LOCAL. www.laopencarry.org. We already exist but we need members like you who are willing to actively work to change things. We are young, few in number and inexperianced but we are growing and learning.

LOCAL is already putting together a letter to LEAs. In fact NRAMarine is helping pay for it's postage.

Advertising your efforts here would be a start to getting more support for your group. People here have expressed interest in contributing $$ towards some kind of an effort. Many people do not want to go to meetings due to travel distance, time restraints etc but would be willing to contribute to some kind of legal fund for helping educate law enforcement agencies on what they can and cant do when their officers encounter an open carry situation.

When you say that LOCAL is putting together a letter...is this letter addressing the rulings and statutes concerning the questioning and harassment of individuals who are open carrying legally? Is there an attorney involved with the writing and sending of this letter? Please let us know more details if possible.
 
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sraacke

Regular Member
Joined
Jul 20, 2008
Messages
1,214
Location
Saint Gabriel, Louisiana, USA
Advertising your efforts here would be a start to getting more support for your group. People here have expressed interest in contributing $$ towards some kind of an effort. Many people do not want to go to meetings due to travel distance, time restraints etc but would be willing to contribute to some kind of legal fund for helping educate law enforcement agencies on what they can and cant do when their officers encounter an open carry situation.

When you say that LOCAL is putting together a letter...is this letter addressing the rulings and statutes concerning the questioning and harassment of individuals who are open carrying legally? Is there an attorney involved with the writing and sending of this letter? Please let us know more details if possible.

I have only seen a rough draft of the letter. Others are working on it. Our President is putting final polishing on it and getting the final version nailed down. XD-Gem or someone else may know more about it than me.
When the NOPD was looking for a new Superintendent LOCAL sent letter to the members of the Commettee expressing out views and concerns.
Anyone interested in OC or educating others about OC in La is welcome to log onto the LOCAL forum and contribute. Going to meetings is great but much of our work happens in our forum.
We are looking at incorporation (which costs $) and collecting dues to help cover some of our expenses. We had an accountant at our last meeting who spoke to us regarding this and how we should procede. We are speaking with other OC groups in other states to learn from them as we grow.
Printing and mailing letters and fliers costs $. So does advertising and doing things such as having a table at a gunshow to get the word out. We had a banner made after members donated $ to get it done.
We have a professional webpage designer designing a new webpage for us to help get the message out. That cost $ too.
We just held a raffle of a Mossburg 12gauge shotgun to raise a little money. I didn't win. A Baton Rouge police officer won that.
Our August meeting had 15 people which represents pretty much our group. We need more people and we need them to be willing to help out. Not necessarily $ but with experiance and advice.
I know you tried to get to the last couple of meetings but had conflicts. Our next meeting in LaPlace is Sept 1. I hope you can get there. Until then, we are discussing many of these same things on our forum.
Legal fund? We even have a section of our forum dedicated to that. http://www.laopencarry.org/legal-fund-f16.html . We can't do much with only a dozen people though.
 

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sraacke

Regular Member
Joined
Jul 20, 2008
Messages
1,214
Location
Saint Gabriel, Louisiana, USA
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Join us. Help spread the word and stand up for your right to Open Carry in La.
 
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sraacke

Regular Member
Joined
Jul 20, 2008
Messages
1,214
Location
Saint Gabriel, Louisiana, USA
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Our business meetings are held in the meeting room at the LaPlace Shoneys resturant because it's a gun friendly place which does not charge us a fee to provide a place where we can work through an agenda and do our best to follow parlamentary procedure. It's not just a Meet, Eat and Greet (or Retreat as one poster decleared) as some think.
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sraacke

Regular Member
Joined
Jul 20, 2008
Messages
1,214
Location
Saint Gabriel, Louisiana, USA
We organize informal meetups separately from our business meetings.
Here's one at the IHOP in Hammond.
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Here's one at the IHOP in Baton Rouge.
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We would love to meet you but even if you can't make it to a meeting or informal meetup you can still participate by joining us at our forums at www.laopencarry.org .
 
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