Plain and simple…the U.S. Constitution is the supreme law of the land…and any statute,to be valid MUST be in agreement.
All laws which are repugnant to the Constitution are null and void…!!!
So I say with the 2A and if you have a CC permit you can retain your firearm…!!!
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Plain and simple…the U.S. Constitution is the supreme law of the land…and any statute,to be valid MUST be in agreement.
All laws which are repugnant to the Constitution are null and void…!!!
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While I agree, tell that to a Judge… especially in NY where us gun owners are the criminals, or at least treated like criminals.
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A couple of thoughts:
The person inside the house called the police about an intruder in the yard. How do the police know that the person who was in the yard when they arrived really lives there? They got there and saw an unknown person to them standing in the yard and wanted to secure the firearm. (Forgive me if you did provide ID and I missed that.)
Criminals lie. If they get caught stalking a house, why wouldn’t they say they lived there to try to get out of trouble?
I would not lie to a police officer. It doesn’t look good and it could cause legal repercussions.
Was the situation frustrating and could it have been handled better? Yes. This was an educational experience for you and I would encourage you to talk with the local law enforcement to learn more and possibly get them to change their approach to these types of situations. Maybe verifying the residency would have helped? Verifying residency with a CCW too, even better as it shows the police that you’re trying to be safe and legal?
Should we have to jump through hoops? No. Do we want to cooperate with the police? Yes. Can we all (civilians and police) improve how we handle situations? Yes. We have to learn and teach each other.
Tensions are higher across the board today than I’ve seen them in my adult life. Police are human and we need to respect that they want to go home to their families just like we do.
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Absolutely. I agree 100%
For clarity…
Officers arrived and witnessed my wife coming out the front door. They were already talking to me and my wife about the call and the first on the scene began taking a statement when I was asked if I had any weapons on me. At this point, the officers had vision that I was not the bad guy and there were no indicators that they suspected me of a crime. When I stated my disliking for being disarmed, I was reminded that police have the authority to do so no matter what.
Aside from that, yes, it is a learning opportunity and I’m not about to start a law suit over it, I simply have a different plan, within the law, to avoid such circumstances.
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I’m a Kentucky resident, and have my CCDW. I don’t believe I would have surrendered my firearm, especially while on my own property.
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I’m thinking that I will not call them at all. AND, before it occurs again, I will consult with a firearms attorney as to the legality of that request. I understand that they may disarm you on a traffic stop (where you are a subject), but on my own property? I think not - and I will have the legal opinion before too long.
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“When I stated my disliking for being disarmed, I was reminded that police have the authority to do so no matter what.“
I think many public servants, whether they be governors, mayors, representatives, or “peace officers”, need to be reminded that they work FOR We The People! We are not their subjects.
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I would have done the same as you in the situation: question, comply and question myself later. To me your “what-if” scenario is the very reason they disarmed you: A spooked bad-guy comes running round the house towards you and you use your weapon to defend yourself from the impending attack. In the meantime the officers have given chase and round the corner just as you open fire…
Could a better solution for everyone have been for you to go back in the house while they do their sweep? I’d be surprised if the officer would still feel the need/authority to disarm you if you are inside your home and they are working outside.
Just a thought,
Stuart
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I agree that I want my weapon to defend myself. I also understand the officer’s concern about being mistaken for an attacker if they come running out of the back yard or poor shooting skills if they’re following an intruder. (There are a LOT of people who have firearms and do not train enough.)
Having a candid conversation with your local police when there isn’t a stressful situation going on is probably your best bet to finding a positive solution to this issue. If you’re known to the police as someone who takes self-defense seriously and are respectful, there’s a chance they will handle the situation differently with you.
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The whole reason why we have law enforcement officers is for YOUR protection. They aren’t concerned with your ability and rights to gun ownership (currently), but more for the safety of themselves and you, the homeowner. Too many accidents happen because cops roll up on an legally armed citizen with a gun in which they sometimes end up shot and dead because police thought they were the assailant. Think about it. Working for the best outcome requires your cooperation with law enforcement and not a rebellious one.
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While I cannot speak regarding the laws of your State, in Arizona the police are prohibited from so-called safety seizures per State v. Serna, CR-13-0306- PR (Aug. 7, 2014) without a reasonable suspicion of crime and imminent danger in regard to a traffic stop. The only time an officer can demand surrender of a firearm on your property would be in a domestic violence situation. My question to that officer in your case would be: Upon WHAT authority is your demand based? Protocol and/or policy is superseded by LAW. His humor was definitely misplaced.
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In retrospect, I like to think I would have challenged his decision to sieze my property, but it does create a learning curve that helps me better prepare for the future. All is well and while it ended well, I feel as if I lost a battle. Live, learn and stay safe.
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I wouldn’t say you lost the battle, @Michael473. Everyone came out safe and sound. I think it’s more of getting a C instead of an A grade on the group test experience with the police officer. We hope that they’ll be 100% understanding and supportive of our right to carry, but also know that the have to balance that with their need to be as safe as possible.
For Extra Credit, I highly suggest talking with the local officers and see how you may be able to have input on their processes as a responsibly armed citizen going forward. 
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@P365 Until last year, it was a crime to carry a concealed weapon without a permit and the statute required the license holder to present the license upon request of any peace officer. So, under that law, it was illegal until you presented proof that it was legal.
Not in Kentucky. Giving a false name is a crime but lying about anything else is expected. I am not condoning it but it happens regularly.
That is a HORRIBLE idea! Police catch rapist in the act. They need a warrant to make an arrest for a felony committed in their presence. Oh, and they cannot search him for the knife or gun the victim says he had to compel her to not resist. Shall I go on?
At the time the Constitution was ratified, carrying concealed deadly weapons was illegal in every state in the newly formed Union. That continued until relatively recent times. Of course, open carry was considered normal at the time.
Welcome to the Community @Greg33! And you are right. With Kentucky passing Constitutional Carry there is now a presumption that you are carrying a weapon legally unless the police have PC or RS that you are involved in criminal activity.
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Constitutional Carry would be ideal. I may not be as directly involved with foot-soldiering as I used to be, but I do remain involved to an extent.
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I’ve been always skeptical about honesty of the Law… but this is really sad. 
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It depends on where you live I suppose. The sheriff’s deputies that patrol my area know me and I had a similar situation as yours, the difference being that I wasn’t even asked to holster my weapon, much less hand it over. I live in a very rural area and the nearest town is fairly small. It could take most deputies a minimum of 15 minutes to get to my home, but usually closer to 30. I have a deputy that lives about 5 minutes from me and uses my runway and hangar for his plane, so I usually just call him directly and he calls in the cavalry. Bottom line, I wouldn’t surrender my weapon, but laws may be require it in your state. Department policy and the law are two different animals.
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So your family member calls the cops because she thinks there is an intruder but you tell the cops to leave because you don’t want to give up your gun?!?!?!?
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| MikeBKY USCCA Attorney Network Attorney
May 20 |
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@P365 Until last year, it was a crime to carry a concealed weapon without a permit and the statute required the license holder to present the license upon request of any peace officer. So, under that law, it was illegal until you presented proof that it was legal.
Jerzy:
“Lying to a Police Officer who is conducting an investigation of a crime scene or potential crime scene is a criminal act for which the law provides a criminal punishment”
Not in Kentucky. Giving a false name is a crime but lying about anything else is expected. I am not condoning it but it happens regularly.
Michael473:
require and warrant for ALL searches and seizures conducted by police officers
That is a HORRIBLE idea! Police catch rapist in the act. They need a warrant to make an arrest for a felony committed in their presence. Oh, and they cannot search him for the knife or gun the victim says he had to compel her to not resist. Shall I go on?
John323:
All laws which are repugnant to the Constitution are null and void
At the time the Constitution was ratified, carrying concealed deadly weapons was illegal in every state in the newly formed Union. That continued until relatively recent times. Of course, open carry was considered normal at the time.
Greg33:
I’m a Kentucky resident, and have my CCDW. I don’t believe I would have surrendered my firearm, especially while on my own property.
Welcome to the Community @Greg33! And you are right. With Kentucky passing Constitutional Carry there is now a presumption that you are carrying a weapon legally unless the police have PC or RS that you are involved in criminal activity.
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