Quote:
Originally Posted by RainMaker
No it's not. Anyone in that state can carry a gun at any time. Anyone an officer comes across or sees on the street could have a weapon on them. If the argument is that the theoretical possibility that a gun exists out of sight gives justification to shoot, then it would apply to much more than this.
My point is these self-defense claims would never fly with the average citizen. If you or I shot someone because we thought maybe they had a gun, we'd be in jail. We'd have to see the gun, likely even see it aimed at us.
As an officer, you should have to meet a similar burden of self-defense. You should have to either see a weapon or see what can be construed as a weapon before using deadly force. I know we've propped up this false claim that being an officer is extremely dangerous. But it's really not when you remove vehicle deaths. And if someone feels it is too dangerous, they should find a safer career path.
Demand more from your law enforcement. Wannabe Rambos who couldn't make it a week in basic don't belong.
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I agree with you on all your points about law enforcement training and how they overreacted, this was handled poorly, but the law is the law. I am stating how the law applies here. Don't bitch at me, bitch at the folks that make them.
And I live in this state, so I know the gun laws, I own a gun and it is still apples and oranges. If I choose to open carry (Which I don't) I am free to do so and if I am not doing anything wrong I have nothing to fear. If my gun is concealed and I state where it is and keep my hands in plain sight, I have nothing to fear.
If I waive my gun around and someone thinks I am unstable, or a risk to their safety and calls the police. The police show up and I have put my gun away in my car, they order me down and even though they don't see a gun and I reach for my waistband then guess what? I am putting my life in hands of a complete stranger, and cop or not, I have no idea what his last call was, what his mind set is, how new he is to the job, how competent he is in his job, has he ever faced this scenario before, etc, etc, then I am playing with fate and have to hope one of them doesn't have an itchy trigger finger.
It's just common sense. Yeah, these cops were dicks for the way they handled it. They could have covered him, had two of the five advance and secure him and we all go home. But sometimes by the time you see the gun it's too late and unfortunately that is used as a viable defense for the one cop that pulled the trigger too quick.
Best I can tell you is maybe go on a ride along sometime. It's not an easy job and that doesn't excuse this, or discount the "rambos" that are given badges that should never wear one. But this is a mistake that the best of cops could have made, meaning pulling the trigger in response to an action that could have resulted in one of them not going home and they have a second to make that choice. It sucks, but like it or not, justice for this man will only be coming via the civil route.