View Full Version : CCW at will recognized?
At a recent social event an old friend and fellow scoutmaster and I were discussing aspects of concealed carry here in MO. He is a training officer and a past SWAT operator for our municipal police force. As closing statements were shared before parting he made a statement I didn't quite fully respond nor respond in the manner I wanted to at the time. He stated that "we may choose to ignore your permit at any time". If you are permitted by the state, cleared by the FBI check and are carrying in accordance with the rules of the state you are in, was this a load of BS or do local jurisdictions have the opportunity to pick and choose the laws that they will recognize? Have you heard of this before or since our new Chief dowsnt like CCW have they made a rule unto themselves? Another officer and friend adamantly refuses to discuss this. What do you think?
Scouter, can you fill me in on the conversation in context?
Taken in a vacuum, the statement that police can ignore a permit is indeed BS. However, if one of us came in late to the conversation, we could misinterpret the statement and its intent.
For example, let's say there's a discussion revolving around whether the officer can take control of a motorist's legally carried firearm during a traffic stop. In virtually every jurisdiction I'm aware of, the answer is "Yes," though the officer will have to return the gun at the end of the contact if no arrest is made and no crime has been committed. A recent anti-police blog suggested that since a citizen has a right to carry a gun, said citizen had a right to shoot and kill any officer requesting to take control of it. If some idiot said something like that to the officer, the officer would be correct to say that he would ignore such a bizarre interpretation of the right to carry.
In general, the law that licenses you to carry a loaded firearm in a certain place is one of the laws the officer has sworn an oath to uphold. However, there are exceptions that accompany every law.
To answer the general part of the question, no, the officer generally cannot ignore a permit issued by a government agency to legally do what the individual in question is legally doing.
Hoping you can provide more details,
Mas, as the conversation was mainly about old days, what are the kids up to, etc. Then turned to what was new with you, stuff. He was working event as in uniform, off duty deterrance. We started discussing ccw and the fact our city is 25 officers below its suggested per capita ratio. He asked me if I had permit, answered affirmative, said its a good thing that citizens were willing to take class and get certified. As a kind of parting statement " well its good people take the classes but we don't have to recognize the permit" I responded with a WT? look and a huh? He shrugged, commented about an administration change and went to check on another issue. As I stated when I asked another officer he didn't want to address the question? I felt as did you that as long as the citizen is following the rules and responsibilities designated by law that his statement was a load of!! I haven't had the opportunity to address this with the new chief yet. I appreciate your response because your buttressing of my position in the future conversation is an asset! Scouter
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