My letter to a Sheriff

My letter to a Sheriff

This is a discussion on My letter to a Sheriff within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I wanted to post both this letter and the reply, but it has been a number of weeks and I think I have been ignored. ...

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Thread: My letter to a Sheriff

  1. #1
    Member Array eww's Avatar
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    My letter to a Sheriff

    I wanted to post both this letter and the reply, but it has been a number of weeks and I think I have been ignored. I have removed some names and places.





    Dear Sir; I am writing this letter to you to ask a few questions that turned up during a recent encounter with one of your officers and a member of the Highway Patrol. First I would like to describe the circumstances and then ask the questions that I have.

    The encounter occurred on Sunday, January 4, 2009 at approximately 7o’clock pm. I was the passenger in a red Ford traveling east on ------- Road towards Highway --. The driver, -----, and I had been hunting all day in the ----- ----- Wildlife Management Area. We both live on the coast and were there for the weekend. As we rounded a corner we came upon two patrol cars stopping traffic. ---- and I have been hunting for many years so this was nothing new to us, we figured a hunting license and drivers license check and we would be on our way. Upon stopping an officer introduced himself (I do not remember either officer’s name) and asked to see ----’s drivers license and hunting license, I was only asked to show my hunting license. A comment was made by one of the officer’s that ---- must have had a haircut. In the picture his hair is plainly visible but this day he had tied in the back.
    At this point the officer asked ---- if he would exit the vehicle which he did. Immediately after exiting the vehicle he informed both officers that he had a Firearms Permit and that he was armed. After a moment of silence the officer asked where the weapon was, at which time ---- informed him it was on his right hip. The officer removed the weapon from ----’s holster and made the following statement “This gun is loaded and the hammer is back! At least the safety is on.” At this time ---- was asked to step to the back of the vehicle and the contents of his pockets along with his unloaded gun were placed on the bumper of the truck.
    ---- was asked the following questions:
    Do you carry that all the time? Answered Yes
    Do you carry that in stores around here? Answered Yes, any stores that do not have signs posted not allowing weapons in them.
    Then the officer made the following statement, “If you carry that in stores around here you will get shot.”
    Just how many guns do you have in that truck? Answered The one on the bumper, that rifles in the back and the person in the passenger’s seat has a permit also.
    Do you think he is armed? Answered Probably.
    I was sitting in the passenger seat and heard all of this conversation as all the windows were down and it was a quiet night. The highway patrol officer came up to the driver’s window and asked me to please place my hands on the dash of the vehicle which I did. While he stood there the other officer opened the passenger door and asked if I was armed to which I replied “Yes on my right side under my shirt.” The officer removed the gun and while unloading it asked me to exit the vehicle. I was asked to empty my pockets on the hood of the truck which I did.
    I asked the officer if he wanted to see my firearms permit and his answer was No. After making sure I had nothing else on me he proceeded to the back of the truck to ask ---- a few more questions;
    Do you have any pills in the truck? Answered No
    Any drugs? Answered No

    The officer then made the following statement, “We are not used to red…. Hunters like you carrying weapons.” He also stated that the reason he removed ---- from the vehicle was because he saw ---- was carrying a weapon.
    At this time we were both told that we had done nothing wrong and that our weapons were in the front of the truck. My pistol was on the passenger seat and ----’s on the center console. We were informed that we were free to go but not to load our weapons until we were down the road a little ways.

    My questions are as follows:
    1. Why was ---- removed from the vehicle in the first place? The officer stated that he had seen the weapon ---- was carrying. It was dark, ---- was wearing a black loose fitting shirt and the gun was on his right side away from the officer.
    2. “If you carry that in stores around here you will get shot.” Is this true? If so please let me know and I will avoid this part of the state.
    3. Why were we disarmed? We had done nothing wrong and were legally carrying our weapons.
    4. If it was so important to disarm us why were we left alone with our weapons? When the officers came forward to disarm me, ---- was left alone at the back of the vehicle with his weapon. After disarming me I was left at the front of the truck with my weapon on the hood of the truck.
    5. “We are not used to red…. Hunters like you carrying weapons.” I beleave the officer was about to say “redneck” and stopped and changed it to hunters. Normally if someone calls me a redneck it is no big deal but I beleave this was not meant as a compliment.
    6. My carry permit was never looked at; ----’s driver’s license was not run thru NCIC nor was his truck license.
    7. The highway patrol officer asked ---- if we were retired law enforcement officers or ex-military. ---- answered that we are both retired military. This seemed to make the officer feel a little more at ease.
    8. “This gun is loaded and the hammer is back! At least the safety is on.” We were both carrying single action pistols, designed to be carried with a round in the chamber, the hammer cocked and the safety on. ----’s is a Para Ordinance Warthog and mine is Kimber Ultra Carry II both chambered in .45 ACP.
    9. I asked the officer if he wanted to see my firearms permit and his answer was No. Why not?

    I wrote this letter to get clarification of the above questions.


  2. #2
    Ex Member Array triggerman's Avatar
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    Just demonstrates that some cops aren't very high on the intellectual development scale.

  3. #3
    Member Array Shadow662's Avatar
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    Well here in Michigan you have to disclose upon first contact from the officer that you are carrying. Then he may disarm you for the remander of the traffic stop. Not sure of the laws in Mississippi. As for why they disarmed you was more then likely for their protection even if it didn't seem like it. Also if they were going to call you rednecks but stoped then that's just rude.

  4. #4
    Ex Member Array triggerman's Avatar
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    There's no notification requirement in Florida, but Florida being Florida, I always notify a cop that I am licensed and have a weapon. Haven't head a problem so far, nor been disarmed.

  5. #5
    Member Array kimberland's Avatar
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    James Madison and Thomas Jefferson would have been equally upset had they been stopped like this while riding horseback after a hunting outing.
    They imagined a country where citizens could roam freely while armed, without governmental interference. Armed citizens are now sometimes treated as potential trouble makers, despite the governmental barriers we must overcome to become legally armed.

  6. #6
    Member Array eww's Avatar
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    There is no notification requirement in Mississippi.

  7. #7
    New Member Array plavey's Avatar
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    I'm surprised this happened in Mississippi... what county were you in?

  8. #8
    New Member Array gdog's Avatar
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    Long hair or long hair and ear rings is still going to get you in trouble in a lot of southern states.At one time you would have been in for a really rough time.

    Ed

  9. #9
    Member Array bbecker1983's Avatar
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    Seriously wow, grow into the 21st already!
    ------------------------------------------------------
    ACT 235 Certified #45700

  10. #10
    Member Array theghostrider's Avatar
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    Quote Originally Posted by Shadow662 View Post
    Well here in Michigan you have to disclose upon first contact from the officer that you are carrying. Then he may disarm you for the remander of the traffic stop. Not sure of the laws in Mississippi. As for why they disarmed you was more then likely for their protection even if it didn't seem like it. Also if they were going to call you rednecks but stoped then that's just rude.
    Could you cite the law that allows officers to disarm for the remainder of the traffic stop? I know it's allowable under a Terry Stop, but haven't been able to find anything in the MCL's on it, nor has anyone else been able to give me a straight answer.

  11. #11
    Member Array Shadow662's Avatar
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    Heres a link MSP - Proper Conduct During Encounters with Police
    Here is the text but there is more on that page.
    "In certain circumstances, a law enforcement officer may take temporary possession of the weapon during interaction with the individual to ensure the safety of the officer and others. The police officer will return the pistol at the end of the stop unless the individual is being charged with a violation of the act or any other law that allows for the weapon to be seized."

  12. #12
    Member Array Patches25's Avatar
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    I believe that when the officer said “If you carry that in stores around here you will get shot.” He was being really ignorant. It sounds like he was implying that if someone even see's a weapon on the hip that they are just going to shoot you. At least that is what I got from it. (Just my opinion).

    They could have certainly handled that differently.
    "I think that people want peace so much that one of these days government had better get out of their way and let them have it."

    Dwight D. Eisenhower

  13. #13
    Senior Member Array Rigrat's Avatar
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    eww,

    Just curious to what part of Ms you had this encounter? Reason is my wife and I applied for our carry permit about 5 weeks ago. I live around Hattiesburg, Laurel, Waynesboro area. And was just wondering if this is something I have to look forward to.

  14. #14
    Member Array user's Avatar
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    When they unloaded the guns, what happened to the cartridges? Did they give them back? If not, file an action for the theft of the cartridges. Taking personal property from the person of another valued at over five dollars is a felony in Virginia. Maybe Miss. has a law like that too.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    Nothing I say as "user" should be taken as either advertising for attorney services or legal advice. Legal questions should be presented to a competent attorney licensed to practice in the relevant state.

  15. #15
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    Array SIXTO's Avatar
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    Of your 9 questions, most seem easily answered, a few are a little odd and probably impossible for the Sheriff to answer, as he was not there. Also, it seems to me you forgot to ask the most relevant and important question;

    Why were you stopped in the first place?
    "Just blame Sixto"

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