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Police/citizen proceedure

ALOTAGLOCK

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South KC, Raytown
One must actually understand the law in addition to understanding precedent that's been set on it. Since the law that you wanted to argue about, in the context it was used in, has yet to be tested in Missouri, I find it very hard to believe you've been given legal opinions of this law based on precedent by any attorney in this state. Until the law is tested in a court of law in the context given, the law must be taken at face value based off of what it actually says, which is exactly as I explained it earlier in this thread.

The law in question (RSMO 563.031.2) is written so clearly, that it doesn't require any arm-twisting or creative thinking skills to understand it's meaning, and I can already point you to one case in Missouri, where the perpetrator was a citizen, in which the law was applied exactly as it should be.

Look I am done debating it with you. If all you want is a justifiable reason to shoot a cop then look for what you want. You say the law is cut and dry. What law is ever cut and dry. I am only posting information from those who "would know".
 
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cshoff

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Location
, Missouri, USA
Look I am done debating it with you. If all you want is a justifiable reason to shoot a cop then look for what you want. You say the law is cut and dry. What law is ever cut and dry. I am only posting information from those who "would know".

Nobody here in this thread is looking for justification to "shoot a cop", or anyone else for that matter. Based on what you've posted, it's very unlikely that you've spent any time talking with an attorney about RSMO 563.031.2. In fact, I honestly don't think you've even read the law in question.
 
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ALOTAGLOCK

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South KC, Raytown
Nobody here in this thread is looking for justification to "shoot a cop", or anyone else for that matter. Based on what you've posted, it's very unlikely that you've spent any time talking with an attorney about RSMO 563.031.2. In fact, I honestly don't think you've even read the law in question.

Okay I see that this is only going to turn into a "Who's got a larger package". You can trhink of it how ever you want. You are looking for that justification, or you wouldn't try and compare a Police Officer to a Crack-head.
I will stop trying to help you and just let you become the case law.
 

cshoff

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, Missouri, USA
Okay I see that this is only going to turn into a "Who's got a larger package". You can trhink of it how ever you want. You are looking for that justification, or you wouldn't try and compare a Police Officer to a Crack-head.
I will stop trying to help you and just let you become the case law.

I think you'd be well served learn some reading comprehension skills and then re-read this thread. I never compared a police officer to a crack head and I don't appreciate you being dishonest. Due to my line of work, I've got more time going into these laws with attorneys than most people do. I'm aware of how these laws generally work, how they read, why they are written the way they are, and how they are generally applied by a judge, as well as precedents that have been set from a number of them.

You have something in your mind that you believe to be factual, but I can assure you it's only your imagination. Not once have you pointed to case law or actual statute to support your opinion. There is a reason for that (it's because there is no case law or statute supports your opinion).
 

sohighlyunlikely

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Overland, Missouri, USA
Okay I see that this is only going to turn into a "Who's got a larger package". You can trhink of it how ever you want. You are looking for that justification, or you wouldn't try and compare a Police Officer to a Crack-head.
I will stop trying to help you and just let you become the case law.

Alotaglock,
I read the posts. I think you may be mixing some of the posters words up. I assure you Cshoff is just trying to post accurate Castle Doctrine and Case Law info. If you give him a chance you will see he is quite helpful and knowledgeable in those subjects. I personally have found him to be true in his words. Though it appears he is being a little defensive at this time.

Doc
 
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LMTD

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1. Get off your high horse.

2. If you had read the above conversations we all were not giving "legal advice" we were speculating and reviewing current MO law and trying to establish a credible legal stand point and opinion on the subject. Are you a lawyer? or the thought police? Cuz you seem to be very quick to judge.

Perhaps I can clear a few things up for you real fast, I numbered your statements for clarity:

On #1 You shall find that I will indeed completely ignore your request without any regard for its merit. I have a huge ego and if you ask around a bit, you will find out I really do not care if you happen to like it or not. I do however quite enjoy your comments about free speech and offer that if you understood it in the least, you would already know it means I too will say whatever I want just as I will grant you the same courtesy, even when it means I shall express your not real bright, your opinion is of no consequence to me expressing mine that is possible you are a possible troll.

On #2 one of two things exist within that short paragraph, you have either chosen to try and hide your position through deception, your you actually do not know what you are talking about at all. Take another look, here I will copy and paste for ya in case it is the second:

True or False?

During a traffic stop a citizen is lawfully obligated to dislose he/she is armed.

During a traffic stop a citizen is lawfully obligated to surrender his/her firearm.

See that part where you said "lawfully"? CLUE<===== Print it out and put it in you pocket so you have one, because saying that word indeed does mean you are seeking LEGAL advice. Your questions even including the first one can not be answered like you requested because both answers are correct.

First question: You do not have to voluntarily disclose, however if asked you MUST disclose. Both true and false and legal advice all at the same time.

The second question: No, you do not have to comply with a law enforcement officers request to surrender your gun, you do however have to surrender your gun if the officer demands (orders it) as long as that demand is legal (a lawful order) so again the answer is both true and false it is actually VERY specific to the language the officer uses in the conversation as well as your own language not to mention your overall demeanor which courts have ruled that while an officer may not say "you were acting weird" to account for PC, he may indeed say "avoided eye contact" "conducted himself in a nervous manner""stuttered while speaking" "gave evasive or inapplicable answers to questions" "kept looking at the trunk of his car" "was sweating a lot on a cool evening" all of which are indications you may well be lying to him, aka breaking the law as it is indeed illegal to lie to a police officer which means he now has PC.

So while you may well not be bright enough to understand you did ask for legal advice may well mean you do not understand what I just typed either but to make it a lot more simple:

It is not legal for an officer to ever take possession of you or your property without cause that shift from no cause to cause can be the use of literally 1 word or even almost just your facial expressions alone can change the answer from no he can't to yes he indeed can and no other law that has been quoted and discussed here changes that, your asking a legal question that has so many loop holes that it is only specific on a case by case basis and it is so full of hazards only a lawyer can answer and then only on THAT SPECIFIC CASE. You may think you can explain away the sweating (you have the flu) so the officer had no right to use that, the officer does not know that and even if you tell him if he thinks you are lying about it, it is still PC for him to legally seize the weapon.

I doubt I helped you out much cause I was rude about it sitting upon my high horse, but at least I know that some other newbie like yourself is not going to read it and take a very bad approach and say "You can't take my gun, I can resist an illegal seizure of my weapon, I saw it on the internet" when they take the legal advice dolled out in this thread seriously to an incredibly vague question that has no correct answer, you know, like the ones trolls ask.

If my opinion that you might be a troll offends you, I suggest instead of running your mouth at me (something known to just get more unwanted abuse) perhaps you should try and reword your questions so they are not similar to ones trolls ask.

Folks are already saying how great the advice is, how great the information in this thread is and as I said before, I respect a lot of the sources of the information and a lot of it has merit for SOME situations but one wrong verb used by the person being addressed by the officer that triggers PC, all of the advice is instantly WRONG and if the person continues on the path of thinking it is right while involved in that kind of situation thinking that could get them into a serious amount of extra trouble just because they believed it.

Like it or don't like it, agree or disagree I do not care, wanna check it for merit print it and ask your own lawyer who is right, you or the rude ego guy on a high horse, now buzzz offf.
 

Grapeshot

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Messages
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Legal disclaimer

The law is always in a state of flux and even lawyers and judges get it wrong from time to time. All advice posted on this forum should be considered nothing more than hearsay. Even if a poster identifies themselves as an attorney, law enforcement official or expert in a given field, there is no way to verify that fact or that they are correct. Therefore, any and all advice you glean from this forum should be independently verified! NOTHING CONTAINED HEREIN SHOULD BE CONSIDERED LEGAL ADVICE!

http://forum.opencarry.org/forums/misc.php?do=showrules
 

Jaysann22

Regular Member
Joined
Aug 2, 2010
Messages
109
Location
St Louis
Perhaps I can clear a few things up for you real fast, I numbered your statements for clarity:

On #1 You shall find that I will indeed completely ignore your request without any regard for its merit. I have a huge ego and if you ask around a bit, you will find out I really do not care if you happen to like it or not. I do however quite enjoy your comments about free speech and offer that if you understood it in the least, you would already know it means I too will say whatever I want just as I will grant you the same courtesy, even when it means I shall express your not real bright, your opinion is of no consequence to me expressing mine that is possible you are a possible troll.

On #2 one of two things exist within that short paragraph, you have either chosen to try and hide your position through deception, your you actually do not know what you are talking about at all. Take another look, here I will copy and paste for ya in case it is the second:

True or False?

During a traffic stop a citizen is lawfully obligated to dislose he/she is armed.

During a traffic stop a citizen is lawfully obligated to surrender his/her firearm.

See that part where you said "lawfully"? CLUE<===== Print it out and put it in you pocket so you have one, because saying that word indeed does mean you are seeking LEGAL advice. Your questions even including the first one can not be answered like you requested because both answers are correct.

First question: You do not have to voluntarily disclose, however if asked you MUST disclose. Both true and false and legal advice all at the same time.

The second question: No, you do not have to comply with a law enforcement officers request to surrender your gun, you do however have to surrender your gun if the officer demands (orders it) as long as that demand is legal (a lawful order) so again the answer is both true and false it is actually VERY specific to the language the officer uses in the conversation as well as your own language not to mention your overall demeanor which courts have ruled that while an officer may not say "you were acting weird" to account for PC, he may indeed say "avoided eye contact" "conducted himself in a nervous manner""stuttered while speaking" "gave evasive or inapplicable answers to questions" "kept looking at the trunk of his car" "was sweating a lot on a cool evening" all of which are indications you may well be lying to him, aka breaking the law as it is indeed illegal to lie to a police officer which means he now has PC.

So while you may well not be bright enough to understand you did ask for legal advice may well mean you do not understand what I just typed either but to make it a lot more simple:

It is not legal for an officer to ever take possession of you or your property without cause that shift from no cause to cause can be the use of literally 1 word or even almost just your facial expressions alone can change the answer from no he can't to yes he indeed can and no other law that has been quoted and discussed here changes that, your asking a legal question that has so many loop holes that it is only specific on a case by case basis and it is so full of hazards only a lawyer can answer and then only on THAT SPECIFIC CASE. You may think you can explain away the sweating (you have the flu) so the officer had no right to use that, the officer does not know that and even if you tell him if he thinks you are lying about it, it is still PC for him to legally seize the weapon.

I doubt I helped you out much cause I was rude about it sitting upon my high horse, but at least I know that some other newbie like yourself is not going to read it and take a very bad approach and say "You can't take my gun, I can resist an illegal seizure of my weapon, I saw it on the internet" when they take the legal advice dolled out in this thread seriously to an incredibly vague question that has no correct answer, you know, like the ones trolls ask.

If my opinion that you might be a troll offends you, I suggest instead of running your mouth at me (something known to just get more unwanted abuse) perhaps you should try and reword your questions so they are not similar to ones trolls ask.

Folks are already saying how great the advice is, how great the information in this thread is and as I said before, I respect a lot of the sources of the information and a lot of it has merit for SOME situations but one wrong verb used by the person being addressed by the officer that triggers PC, all of the advice is instantly WRONG and if the person continues on the path of thinking it is right while involved in that kind of situation thinking that could get them into a serious amount of extra trouble just because they believed it.

Like it or don't like it, agree or disagree I do not care, wanna check it for merit print it and ask your own lawyer who is right, you or the rude ego guy on a high horse, now buzzz offf.


wow. thanks for the letter. I really dont care what your personal opinion is of me. Apparently you feel its necessary to write letters to address people who get under your skin then mock and accuse them to defend your "ego"

However, as many posters like cshoff pointed out:

It doesn't take an attorney to reference laws and discuss ways that various scenarios might be affected by said laws. That said, if you want legal advice, you're pretty much stuck with going to an attorney.

I didn't see anywhere in the OP where he was asking for legal advice. He clearly asked what the laws were and asked for opinions on how those laws might be applied; questions that could be answered by anyone willing to search the laws or who already knows where to find them, and by anyone willing to give an opinion.

It's a gun forum, folks. Nearly every topic posted here relies on the opinions of everyone in the "community" to make the topic interesting and relevant. If being an "expert" in the particular field was a requirement for answering, I dare say that the vast majority of topics here would never be replied to.

If referencing current state law to opinions and discussing various scenarios is legal advice to YOU, then take it to the bank. I personally dont care. But dont make baseless accusations with such immature sarcasms. Its a waste of everyones time.
 
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LMTD

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Oops, forgot that second part.

As far as hoff goes, his opinion in this is actually wrong, but I know what he is trying to say and what he has forgotten when he says that, he is talking about current discussions within the thread, not your original post.

You ask for "legal experts" on MO firearms law, those would be lawyers though I do not expect you are capable of understanding that either. Because he is an educator whom is fairly familiar with firearms law, he felt compelled to share his knowledge with you. His knowledge has merit but that by no means makes it applicable to the questions you asked as the questions you asked are too vague to be answered, he knows and understands this and thinks you do to but even if you do not, educators have a natural trait, they try and fix capacity problems and have compassion.

Just a few simple questions for the MO firearms law experts. <==== This is called asking for a lawyer

During a traffic stop a citizen is lawfully obligated to dislose he/she is armed. <===== This is asking for legal advice despite the speeeelin.

True or False? <===== this is offering rigid options to your question when both are right and both are wrong, the action a troll uses to start others arguing for no real purpose other than they have nothing to say so they like to get others to say stuff so they can say it is wrong and then others say more and then they get to say even more. They have to control the discussion in order to get anyone to even bother talking to them, the action of a troll, that shoe size looks real close from here.

I ask for truth as it is stated in MO law and how these actions may play out in court. <===== This kind of seals the deal as it not only confirms that you wanted legal advice, you want to know what the results of a trial would be regarding any position another took, not even a lawyer will tell you the answer to that one as they have no idea. They might say good case, strong case, I think we will win, but you ain't ever going to find one dumb enough to tell you how a case is going to play out in court as they have no freakin idea.

Others may not think you are a troll but I see only two options, you either type a lot of words that you have no idea of the meaning, or you are a troll and its lookin to me like you are sitting under the bridge as I just can not fathom you being that dim and still being able to even get on the internet.
 

Jaysann22

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109
Location
St Louis
Oops, forgot that second part.

As far as hoff goes, his opinion in this is actually wrong, but I know what he is trying to say and what he has forgotten when he says that, he is talking about current discussions within the thread, not your original post.

You ask for "legal experts" on MO firearms law, those would be lawyers though I do not expect you are capable of understanding that either. Because he is an educator whom is fairly familiar with firearms law, he felt compelled to share his knowledge with you. His knowledge has merit but that by no means makes it applicable to the questions you asked as the questions you asked are too vague to be answered, he knows and understands this and thinks you do to but even if you do not, educators have a natural trait, they try and fix capacity problems and have compassion.

Just a few simple questions for the MO firearms law experts. <==== This is called asking for a lawyer

During a traffic stop a citizen is lawfully obligated to dislose he/she is armed. <===== This is asking for legal advice despite the speeeelin.

True or False? <===== this is offering rigid options to your question when both are right and both are wrong, the action a troll uses to start others arguing for no real purpose other than they have nothing to say so they like to get others to say stuff so they can say it is wrong and then others say more and then they get to say even more. They have to control the discussion in order to get anyone to even bother talking to them, the action of a troll, that shoe size looks real close from here.

I ask for truth as it is stated in MO law and how these actions may play out in court. <===== This kind of seals the deal as it not only confirms that you wanted legal advice, you want to know what the results of a trial would be regarding any position another took, not even a lawyer will tell you the answer to that one as they have no idea. They might say good case, strong case, I think we will win, but you ain't ever going to find one dumb enough to tell you how a case is going to play out in court as they have no freakin idea.

Others may not think you are a troll but I see only two options, you either type a lot of words that you have no idea of the meaning, or you are a troll and its lookin to me like you are sitting under the bridge as I just can not fathom you being that dim and still being able to even get on the internet.

Dude, whatever makes you happy. You win. is that what you want to hear? Soak it up. Must be cool being you.

Mostly what i meant as "firearm law experts" as in people who are very familiar with firearm laws in MO and addressing others who have personal experience. If i had wanted a LAWYER'S opinion, i would have wrote, " I NEED A LAWYER, I WANT A LAWYERS ADVICE TO USE IN COURT." but I didnt. You, my pesky foe, are trying to manipulate my words and the direction of the discussion based on your own personal speculation. If ya wanna label me a troll, fine, But you sir are a thread derailer.
 
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Jaysann22

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As far as hoff goes, his opinion in this is actually wrong, but I know what he is trying to say and what he has forgotten when he says that, he is talking about current discussions within the thread, not your original post.

First off, Im glad you are so quick and comfortable to speak for others. Second, you're wrong...

choff:
I didn't see anywhere in the OP where he was asking for legal advice. He clearly asked what the laws were and asked for opinions on how those laws might be applied
 
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LMTD

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I ain't speaking for the man, just saying that unlike yourself, hoff knows what the words mean, he just did not look back at them and see it.

I do not know why you can not understand this but I will say it again.

Your questions have not been answered. This is because they can not be answered. Other variables change the outcome every time.

You may think I have said nothing but here is the clue, lots of the words on this thread lack meaning in more situations than they hold merit in so they are worthless.
 

Jaysann22

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I ain't speaking for the man, just saying that unlike yourself, hoff knows what the words mean, he just did not look back at them and see it.

I do not know why you can not understand this but I will say it again.

Your questions have not been answered. This is because they can not be answered. Other variables change the outcome every time.

You may think I have said nothing but here is the clue, lots of the words on this thread lack meaning in more situations than they hold merit in so they are worthless.

Thats your opinion. And thats fine to give such an opinion. We're not here to give personal feelings on people's character. We're here to discuss and debate. Its a community of people sharing facts, opinions, and ideas to further educate eachother. This is the main idea behind a forum. I, unlike yourself, have enjoyed the other posters' opinions, ideas, and facts they have given.
 
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LMTD

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I, unlike yourself, have enjoyed the other posters' opinions, ideas, and facts they have given.

Don't bother presuming you have any semblance of a clue that you have any idea of the other posters opinions you have already demonstrated far less ability than is required and in fact where I have clearly defined I respected them and found their thoughts to have merit. Just because you fail to understand it does not mean it does not exist.

My issue has never been their opinions, it was your irrelevant questions that drew my attention. To me, a person whom ask such questions as a very first post has a great deal of possibility of being an internet forum troll. I call em how I see em without regard for your or anyone else's opinion. If you indeed are not a troll, its all good but remember when you ask for legal advice and ask which behaviors are lawful and then ask how it is going to play out in court, you LOOK like a troll trying to invite folks to play "internet lawyer" in your little debates which ultimately serve no purpose since they are NOT specific.

Whenever I post requesting information on a forum I do so for a reason, to get the information not have pointless debates that lack merit, i was not aware that was your goal, I don't get it myself. Seems kinda like watching tv, serves no real purpose other than mindless drivel, I can not do that but will leave you alone if you enjoy it, i just saw others taking it seriously and thinking they were getting very good solid information that actually applies to your questions.
 

Jaysann22

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Just because you fail to understand it does not mean it does not exist.

Holy hell, you are arrogant. The only one here guilty of presumption is you. You ASSUME i dont understand your point, I merely disagree with it but you simply write it off as a simple lack of understanding.

Don't bother presuming you have any semblance of a clue that you have any idea of the other posters opinions you have already demonstrated far less ability than is required and in fact where I have clearly defined I respected them and found their thoughts to have merit..


Ok NOW you are contradicting yourself...

Arrogant Mr LMTD:

lots of the words on this thread lack meaning in more situations than they hold merit in so they are worthless.
 
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Jaysann22

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Just give it a rest. Just because I didnt write the OP to YOUR personal standards, to pander to YOUR personal understanding, doesnt mean no one understood what I was asking. Your just dwelling on technicalities in which no one gives a sh!t. :banghead:
 
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LMTD

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Thats your opinion.

Its not an opinion, it very simple factual information. I completely understand knowing the difference is beyond your abilities, but it does not alter the meaning.
 

cshoff

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<snip>...........lots of the words on this thread lack meaning in more situations than they hold merit in so they are worthless.

This is true of the "what if's" presented in this thread, as well as any "what if's" presented in any other thread. That's the problems with "what if's". They always lead to more "what if's" and are IMPOSSIBLE to pin down with a definite answer. You can only answer a "what if" question at it's face value. You cannot give an answer that will be reliable or accurate if any other variables of any kind are thrown into the mix.
 

peterarthur

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wow. thanks for the letter. I really dont care what your personal opinion is of me. Apparently you feel its necessary to write letters to address people who get under your skin then mock and accuse them to defend your "ego"

However, as many posters like cshoff pointed out:



If referencing current state law to opinions and discussing various scenarios is legal advice to YOU, then take it to the bank. I personally dont care. But dont make baseless accusations with such immature sarcasms. Its a waste of everyones time.

Talking about egos and getting under someone's skin are the trademarks of trolls. I would recommend you avoid those keywords if you wish to avoid being branded a "troll" :) Just a heads up.

What were we talking about??? Oh yeah...
 

Jaysann22

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Talking about egos and getting under someone's skin are the trademarks of trolls. I would recommend you avoid those keywords if you wish to avoid being branded a "troll" :) Just a heads up.

What were we talking about??? Oh yeah...

Point noted. However, isnt derailing threads a trait of a troll as well? Just sayin... :D
 
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