SteyrAUG
Regular Member
Last year I was in my buddies truck and we were on our way to get something to eat. I had a concealed weapon on my person as that is the only way to lawfully carry in this state currently.
By buddy was rather aggressive about making the left turn light and we got pulled over, I was a passenger. Sadly my buddy does not know how to effectively interact with law enforcement and we had a really young deputy sheriff. When asked if he had anything illegal in the truck my buddy replied "I have some swords behind the seat" (he is a practicing martial artist). This is of course the wrong answer. Swords aren't illegal and the deputy isn't interested in swords. The correct answer is of course "there is nothing illegal in the vehicle" but it is too late for that now. The problem is real criminals often admit to something small or something that isn't illegal to mask why they might be nervous because there is in fact something very illegal and they are about to be discovered.
So now we have a suspicious deputy. To make matter worse I start laughing because I know where this is going. He of course asks me why I am laughing and I know there is no good answer.
So he asks to see my ID and I hand it over along with my CCW permit.
He then begins to reprimand me about how I am "required by law" to immediately notify any law enforcement officer that I have a concealed weapon as a condition of my license. This is of course completely untrue, not to mention a very bad idea, but you simply can't win a debate with a uniformed officer on the side of the road who "thinks" he is right.
I tried to calmly explain he was mistaken but it quickly became an obvious case of "Me cop - you civilian - Me right - You wrong."
So rather than start some **** with a young and somewhat nervous rookie who was making all kinds of mistakes I just let it go for the time being.
The actual statute in question is 790.06
The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
And with this statute I fully complied when I presented my DL and CCW to the deputy when asked.
The next day I spoke to his shift sgt. about his mistaken understanding of the statute. We both agreed to could be a very bad idea to blurt out "I have a gun" upon first contact with a LEO. When then covered other issues such as his taking of my firearm without consent. His muzzle sweeping of me with my firearm when he removed it. And a few other things the deputy did because he believed it was within the law for him to do so that could have been disastrous with anyone who wasn't trying to be a "nice guy."
I also explained to the shift sergeant that I wasn't looking to sue, and I wasn't trying to get anybody in trouble nor was I trying to get even with a cop. I told him I simply wanted to bring the issue to his attention so that somebody could provide the deputy with the correct information concerning the laws he is tasked with enforcing.
As a result the entire agency underwent a procedural review related to dealing with individuals licensed to carry firearms. Not only was the deputy in question advised of the actual statutes and the proper way to deal with a person licensed to be carrying a concealed weapon, every deputy was provided this information and the proper procedures reviewed.
Certainly a much better outcome then arguing your way into an arrest for disorderly conduct or some other "I may not be right, but I can still arrest you for something else" offense.
By buddy was rather aggressive about making the left turn light and we got pulled over, I was a passenger. Sadly my buddy does not know how to effectively interact with law enforcement and we had a really young deputy sheriff. When asked if he had anything illegal in the truck my buddy replied "I have some swords behind the seat" (he is a practicing martial artist). This is of course the wrong answer. Swords aren't illegal and the deputy isn't interested in swords. The correct answer is of course "there is nothing illegal in the vehicle" but it is too late for that now. The problem is real criminals often admit to something small or something that isn't illegal to mask why they might be nervous because there is in fact something very illegal and they are about to be discovered.
So now we have a suspicious deputy. To make matter worse I start laughing because I know where this is going. He of course asks me why I am laughing and I know there is no good answer.
So he asks to see my ID and I hand it over along with my CCW permit.
He then begins to reprimand me about how I am "required by law" to immediately notify any law enforcement officer that I have a concealed weapon as a condition of my license. This is of course completely untrue, not to mention a very bad idea, but you simply can't win a debate with a uniformed officer on the side of the road who "thinks" he is right.
I tried to calmly explain he was mistaken but it quickly became an obvious case of "Me cop - you civilian - Me right - You wrong."
So rather than start some **** with a young and somewhat nervous rookie who was making all kinds of mistakes I just let it go for the time being.
The actual statute in question is 790.06
The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
And with this statute I fully complied when I presented my DL and CCW to the deputy when asked.
The next day I spoke to his shift sgt. about his mistaken understanding of the statute. We both agreed to could be a very bad idea to blurt out "I have a gun" upon first contact with a LEO. When then covered other issues such as his taking of my firearm without consent. His muzzle sweeping of me with my firearm when he removed it. And a few other things the deputy did because he believed it was within the law for him to do so that could have been disastrous with anyone who wasn't trying to be a "nice guy."
I also explained to the shift sergeant that I wasn't looking to sue, and I wasn't trying to get anybody in trouble nor was I trying to get even with a cop. I told him I simply wanted to bring the issue to his attention so that somebody could provide the deputy with the correct information concerning the laws he is tasked with enforcing.
As a result the entire agency underwent a procedural review related to dealing with individuals licensed to carry firearms. Not only was the deputy in question advised of the actual statutes and the proper way to deal with a person licensed to be carrying a concealed weapon, every deputy was provided this information and the proper procedures reviewed.
Certainly a much better outcome then arguing your way into an arrest for disorderly conduct or some other "I may not be right, but I can still arrest you for something else" offense.
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