Disturbing CCW case involving overzealous deputy

[otasan]

Most police and citizens cannot see a non-LEO carrying a handgun in a legal fashion.

[Wagonman]

So the officer can choose not to issue a citation or arrest a person accused of a crime, and can instead simply confiscate the personal property that might be illegally carried/possessed? So, if i was pulled over in a vehicle with a registration that could not be traced/verified, a LEO has the legal discretion to either arrest me as a car thief or possessor of stolen goods OR the LEO can simply remove the allegedly stolen property & send the alleged criminal on his merry way? That seems like more discretion than i would want and more than most LEO's (all but the most experienced) probably need.

That is not what I said. I said that if there was doubt about legal possession of a CCW absent any controversy regarding ownership and the presumption that the CCW permit was in fact valid a way to avoid making the LAWFUL UUW pinch is to split the difference in the manner I described.

Because at the end of the day the offender could have been locked up legitimiately.

If the Copper shot his mouth off perhaps it was in response to a major DYKWIA incident

Most police and citizens cannot see a non-LEO carrying a handgun in a legal fashion.

HUH? That seems a little broad

[orangello]

That is not what I said. I said that if there was doubt about legal possession of a CCW absent any controversy regarding ownership and the presumption that the CCW permit was in fact valid a way to avoid making the LAWFUL UUW pinch is to split the difference in the manner I described.

Because at the end of the day the offender could have been locked up legitimiately.

If the Copper shot his mouth off perhaps it was in response to a major DYKWIA incident

My bad, i guess i misunderstood. So, you are saying that a LEO can confiscate property that he has no reason to believe is not the property of the person in possession of it because a CCW permit he believes is valid but is unable to confirm was improperly used? No stolen gun + probably valid but unverifiable CCW permit + improperly carried firearm = confiscated firearm rather than arrest for improper carry. That makes about as much sense as confiscating the vehicle of a person carrying improperly in that vehicle, but leaving that person on the side of the road with the improperly carried firearm, IMO. Why not just take the holster for failing to do its work well enough.

If there was a DYKWIA incident, i wonder who was the non-recognizer, the LEO or the attorney.

[moccassins]

Deputy Stern should be fired for being criminally ignorant of the law

[Wagonman]

I am not saying that's what I would've done I am just saying that it could be an option to avoid a LAWFUL yet erroneous arrest. I don't mean formally confiscating said weapon I mean ccw holder brings documentation to station and we all live to fight another day without an arrest on his record.

. Deputy Stern should be fired for being criminally ignorant of the law

Wow---- what do you know that the people investigating this matter didn't?

[Glenn E. Meyer]

Going nowhere and now attracting rants.

Closed.