A Roanoke man is suing city police over an altercation with officers that he said began as an argument about his permit to carry a concealed firearm. Aaron A. Stevenson filed a lawsuit Tuesday in U.S. District Court in Roanoke alleging that his constitutional rights were violated during a May 6 traffic stop. He named two officers, Chief Joe Gaskins and the city as defendants.
Informing Law Enforcement of Carry:
The person issued a permit or in possession of a de facto permit must have the permit on his person at all times during which he is carrying a concealed handgun and must display the permit and a photo-identification issued by a government agency of the Commonwealth or by the United States Department of Defense or United States State Department upon demand by a law enforcement officer.
Automobile carry:
Loaded firearms may be carried in the passenger compartment in plain view or secured in gun cases that are unconcealed; trunk transport is also legitimate for loaded firearms
So the questions are:
Did the cops ask to see jis permit
Did he have it in plain sight
In Arkansas your to hand over your Conceald Carry Permit with your Drivers License. Your pistol is to be conceald. Wether in a compartment, covered with something or worn on your person conceald.
If I was stoped and did what this guy did here I would be in violation of our law.
Right or Wrong he should of been nicer and this probable would'nt had happen.
Some states require you to tell the officer as soon as you can. Some require they be in plain sight while being transported. While still others require to to tell the officer when he asks.
This by itself is a problem. Especially for those that travel a lot and have one of the CCW's permits/licenses that is good in what, 27 or 28 states. Like the ones offered by Missouri and Florida.
It's not part of the article but it was brought up and I do think it's something they need to address and fix at some point. They need to make it the same in and for every state.
And I think for safety of all officers they should make it the same in every state and they should require the officer/s get told the minute they walk up to the car or when they ask. If they ask it should be the first thing asked. If we are to tell them we should tell them before they even ask for our license and registration (that is if we're being pulled over).
As for this particular situation, I took the portion quoted below from the article and to me, it's all that needs to be at issue and for the officers safety the guy should have answered and had he, I have to think the situation wouldn't have progressed to the point it did.
["Kwiecinski learned that Stevenson had a concealed carry permit and asked if he had a gun. Stevenson declined to answer"] and that I think he should have answered. If just for the security and safety of the officer/s involved.
Now it's entirely possible the officer was in a foul mood and this Stevenson guy sensed this and felt had he answered yes to the officers question it would have brought on other problems for him? Or it could have been the guy that got pulled over was in a bad mood, as suggested, he was upset for getting pulled over?
But again, I say and think for the officer/s safety and security I think irregardless the guy should have answered him.
I know if I were an officer and I ask someone I'd just pulled over or just someone I was questioning or about to question, if he had a gun and they refused to answer, and having on the back of my mind about the 4 officers that were recently ambushed in Pierce County Wa., and then with the other 2 from that same department that were shot a few weeks later, and with all the other officers that have been killed in the line of duty, I'd think and feel I have every right to ask the question "do you have a gun or knife or other weapon on your person" as well as expect an answer.
Oh and the guy invoking his right to remain silent, which I think was ignorant, because the only reason one would invoke that right would be one with something to hide or that knew they did or were doing or had done something wrong. But it seems he only invoked the right to remain silent so he didn't have to answer that one specific question? And personally, I think that's a crock of chit! And again, for the officers safety, security and peace of mind, he should have just friggin' answered the officer's question as to whether or not he had a gun. and again, I highly doubt things would have progressed to the point it did and they now are!
The article also said this officer/s never read this guy his Miranda rights and therefore the way I see it, he then had no reason to remain silent and for reasons already stated, should have answered the question!!!
Nuff said...
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Last edited by GlockMeister; 01-05-2010 at 02:30 AM.
["Kwiecinski learned that Stevenson had a concealed carry permit and asked if he had a gun. Stevenson declined to answer"] and that I think he should have answered. If just for the security and safety of the officer/s involved.
Kn owing this, should not the LEO have operated under the premise that he was carrying?
__________________
God bless and our Men and Women In Uniform. RIP Arkansas Hunter e
This by itself is a problem. Especially for those that travel a lot and have one of the CCW's permits/licenses that is good in what, 27 or 28 states. Like the ones offered by Missouri and Florida.
It's not part of the article but it was brought up and I do think it's something they need to address and fix at some point. They need to make it the same in and for every state.
And I think for safety of all officers they should make it the same in every state and they should require the officer/s get told the minute they walk up to the car or when they ask. If they ask it should be the first thing asked. If we are to tell them we should tell them before they even ask for our license and registration (that is if we're being pulled over).
While I do agree that there is some benefit to having uniformity in carry laws across state lines, I think that there could be more problems than the inherent benefit.
#1: This would interfere with the state's right to self govern.
#2: This would have to be a law that would get voted on at the federal level. Do you want legislation on your right to carry subject to politicians like Nancy Pelosi?
#3: This would fall under some regulatory agency; ATF possibly. Do you want the ATF and therefore the president with his Executive Order Powers to be able to regulate your CCW?
I look at it this way; You should, in your vehicle, be able to transport that fiearm in any manner, fashion or position that you deem necessary. Out in the open or in the glove box, loaded or unloaded, ammo out in the seat or locked in the trunk, it really doesn't matter because if I am going to commit a crime then I am not going to follow any of these idiot laws anyway.
The only time you should be asked if you are carrying a firearm in your vehicle is if you are being arrested, or you have consented to a search or one has been executed due to some other reason (warrant, Probable cause etc...). Seriously stopping a man for an expired tag doesn't necessitate inquiring if he's carrying a pistol.
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I don't believe that we need to turn over "any" regulatory responsibilities concerning the right to bear arms over to the federal government. That being said, I do know, as a former law enforcement officer that it is departmental policy to assess the risks when dealing with the unknown. Asking if there was a weapon in the car was not unreasonable on the part of the officer. Likewise, showing one's "state issued" CCW permit would not have been unreasonable either.
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and our Men and Women In Uniform. RIP Arkansas Hunter e 
