I got to thinking about something as I was mowing the lawn in the windy conditions today carrying IWB...thinking the wind would make the handle of my gun print a bit.
Suppose someone knew you carried(OC or CC, doesn't matter) and accused you of pointing your gun at them in a threatening mannor, which you didn't. The reason they accused you doesn't matter(jerk, enemy, mentally unstable, for the heck of it). The person called the police and accused you of this. Its their word against yours, no witnesses. For the sake of argument you carry a standard black glock, and this is what the guy guesses(if you CC) when he tells the cops you pointed it at him and threatened him.
How does such a situation get resolved?
Offer to take a polygraph.
If the other guy is lying, he will refuse to take a polygraph test.
Polygraphs are about as reliable as voodo. I wouldn't trust one to catch someone who is lying or to not falsely catch someone telling the truth.
Somebody willing to do that IMO is obviously a little "off" and hopefully the police can sense that right away.
This is one of the reasons that most believe that we should not share our carry habits. One could hope when the accuser was asked to describe your weapon, method/location of carry etc... will not match up.
You have outlined a good reason to carry concealed. If the police contact you about it, follow their instructions (so you don't get shot). They make take your pistol, arrest you, or just question you and do nothing.
The question of what to do? Answer: get a lawyer!
Most people who are good have very clean records (I am one of um). Most people who would make a false claim like this are troublemakers with a shady past. The LEO's can look this up and see how squeaky clean I am. It will help my story.
I am of the opinion the only time anyone else should see your pistol is when they are staring down it in a deadly force situation.
Polygraphs are only as good as the examiner. The questions must be formulated carefully and the basis questions are just as important.
Originally Posted by Blackeagle
It is virtually impossible to defeat a polygraph. If you are lying you will not escape a competant examiner. The downside is it is very susceptible to false positives.
In the business of national security, a false positive will simply limit job opportunities as the candidate will be rejected, whether he is lying or not. That particular flaw is one reason a polygraph is typically not accepted as evidence in the judicial system.
I would not worry about this situation. As long as you are law abiding I would think you have nothing to worry about.
This is an extremely good question and I've wondered about it myself. As for the comments that suggest trusting your local law enforcement to watch out for you on this... the reason we carry is because it's unwise to rely on police for our personal protection..that is physical and legal. Don't get me wrong -- I have great respect for law enforcement and work with officers on a daily basis, but they are human and their job is to keep public order, not protect me from vengeful passive-aggressives.
How do you go about choosing a good defense lawyer?
My dad use to tell me:
“There’s no point in worrying about things' you have no control over”.
If they don't know what your gun looks like, make sure you have a 'unique' gun and have them describe it.
If I pulled my gun on someone, they wouldn't be alive to talk about it.
Originally Posted by SelfDefense
According to the National Academy of Sciences, polygraphs are a little better than random chance, but not much.
I agree it's a good argument for CC, but I did not mean it that way. I have never OC'd. The wind and my CC condition is what made me think of this. That and the fact that I have a jerk neighbor that has no idea I carry(to my knowledge).
I don't think we can trust a police officer to know someone is a little off...a plainly vindictive person could make such a claim just to get back at you and watch you squirm. Besides, police officers are not doing a psych evaluation and need to take such claims seriously.
My initial thought was to ask the cop to ask him how I was carrying(ankle, shoulder rig, what hip, pocket carry, SOB, appendix, etc) and what size of gun(small or large) and what color(black, silver, two tone)...but then I thought all that would be known if I was OC, and even if he caught me printing IWB saying a common colored black gun would cover it(I carry an all black Sig 229).
How quickly is a lie detector administered? I would certainly offer that up on my end since I'm in the right here. And yes I have heard that they are not admissable in court also, albeit from watching the television :)
I think the best thing would to be calm and courteous to the officer. Answer his questions honestly and respectfully. Keep your hands visible and make no sudden movements. If he asks for your weapon I would give it to him and make sure he sees my CC Permit. Express your concern over what has happened and politely state your case if appropriate.
I had a neighbor who use to call the police on me for playing in my own back yard. One day the police show up and asks my parents if I was disturbing the neighbors. I was young at the time and afraid but my mom handled it the way I mentioned above (except for giving him her gun of course) and the LEO was just as kind back. Our neighbor flipped on the LEO and started telling wild stories about me throwing rocks at his window and how I kicked his little dog.
As it is commonly said most cops have a good BS detector I think if you are honest most of the time the problem will solve itself. If not lawyer up and fight it.
One word... "witness"! Without one there's little to no chance any prosecutor would charge you. :wink:
Originally Posted by youngda9