This entry was posted
on Wednesday, June 27th, 2012 at 9:57 am by Radley Balko
and is filed under General Criminal Justice.
You can follow any responses to this entry through the RSS 2.0 feed.
Both comments and pings are currently closed.
Fred Mangels: The cop was nice because he knew he was overstepping. It’s the same reason why he didn’t answer when asked what law he was suspected of breaking. If the cop knew he was in the right, the guy would have been on the ground instantly.
He wasn’t overstepping anything. He was called because some citizens were concerned about some guy carrying a pistol while walking down the street. His job was to investigate it. The student was doing it to provoke an incident. The cop didn’t bite.
You are correct that the cop was probably taken aback by the verbal assault he ended up getting, but he handled fairly well, I thought.
…And the cop demonstrated his lack of gun safety knowledge,….
I didn’t notice that. What are you referring to?
rule 1 of firearms: never point the firearm at an object unless you intend to destroy the object.
Cop grabbed the gun and swept the muzzle across the guy. You can see the hand positioning when the cop grabs the gun, and the guy immediately responds “you just pointed the gun at my leg” or something like that.
To add to firearms rules: rule 2: always assume all firearms are loaded.
actually that should be 1, then 2 “never point firearm at object unless you intend to destroy the object”.
If you recognize rule 1 and still point the firearm, then you need a headslap. That being said, I’ve done a few muzzle sweeps in my time because I’m a human, but fortunately my finger wasn’t on the trigger nor was the firearm loaded. These firearms rules should be beat into everyone and constantly retested and watched and called out by everyone. You have multiple layers of firearms safety so if you screw 1 up you should still be safe, but still need a verbal reminder.
BamBam wrote, “Cop grabbed the gun and swept the muzzle across the guy. You can see the hand positioning when the cop grabs the gun, and the guy immediately responds “you just pointed the gun at my leg” or something like that..
So, the guy goes out trying to create an incident carrying an unloaded gun. Then he complains that the cop sweeps the muzzle of the gun across parts of his body?
So? Why would the guy complain if he knew he had an unloaded gun? He’s trying to pick a fight.
I realize that’s not considered proper gun handling, but it’s something myself and probably many of you have done at one time or another. I know I have.
Some of you are nitpicking over what many of us gun owners have done on occasion. Trying to make an issue out of that makes it look like you’re trying to pick a fight too.
Ghost wrote, “Apparently, his supervisor disagrees“.
The supervisor showed up after the fact and didn’t have to deal with a major asshole. No problem with the supervisor letting him go (although I don’t recall seeing the supe in the video), but he might have thought differently about it had he had to deal with that student from the start.
@60 So, the guy goes out trying to create an incident carrying an unloaded gun. Then he complains that the cop sweeps the muzzle of the gun across parts of his body?
1. You label the person engaging in legal activity as “trying to create an incident”. I know you cannot read minds, so this is a baseless statement.
2. You state that when one tries to create an incident carrying an unloaded gun, that he deserves having a muzzle swept across his body. In your mind people deserve to have their life threatened for just this matter, or for all matters? That’s pretty sick thinking.
3. You say the gun was unloaded. How do you know this? One should always assume that ALL firearms are loaded until proven otherwise. The guy states in the video that there was one in the chamber, which means it was NOT unloaded.
4. You label the guy a “major asshole” simply for engaging in legal activity and asserting his rights. He did not yell or swear at the cop, and stated case law in an assertive tone. How do you purport that one should behave to a cop engaging in illegal activity?
The title of the post is “Know your rights” but it seems that what is shown by the video is that your rights are far from the only thing you need to know. It looks like you need to know, on the spot, at the point of arrest or detainment, every jot and tittle of the statutory law and case law in your situation. Maybe one day there’ll be an app for that. Of course it will track and trace you like most other apps, but that’s another story.