This is a discussion on Approached by LEO at gas station in alabama within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I was coming home from my fiance's house and i stopped at a gas station near the interstate in gardendale where i OC from time ...
I was coming home from my fiance's house and i stopped at a gas station near the interstate in gardendale where i OC from time to time. I go in to get cough drops because i'm getting over broncitus and there is a gardendale LEO in there.
He sees my 1911 on my hip and says "Sir! Are you a police officer?" I giggled and said no. He asked me about my gun and I said "I'm not gonna hurt anybody. I'm just here for cough drops." He came over and asked if i had a permit. I knew i didnt need it to carry but i said yes i did and gave it to him.
Then he asked to see my weapon. I told him I'd rather not take it out of the holster because we are in the middle of a store. He asked if the serial number was on the permit and I said no. He said i should have it on there.
I told him i didnt believe i was breaking any laws. He asked if i were a lawyer and i said no but i know the state law. He said only LEOs, security guards, and someone else could carry a gun like i was. I said i did not read anything of the sort in the state law.
He again told me i'd need to take out my gun and unload it so he could run the serial to make sure it wasn't stolen. Like a theif was going to be carring around a pt1911 in a Desantis holster in front of a cop. I digress.. So instead of argue with him i decided to humor him so i could just get my cough drops and go because i was coughing my guts up.
He runs the serial and i pay for my cough drops. He hands me back my weapon and says i can reload it once i'm outside. And then I left.
The fact that he ran the serial didn't bother me as much as his lack of knowledge of the law. Do you think i should email his captain and make a complaint?
I would. I don't know about a complaint, but letting the Capt. know he has some subordinates that are misinformed about the carry laws and recommending some review of the laws, probably wouldn't fall on deaf ears...
I'd also suggest that in your e-mail you reference, specific statutes to make it easier for everyone to review them...
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Most definitely report it up the chain. If OC is perfectly legal in your state they have no cause whatsoever to detain you, take your firearm, and "run the serial".
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I would contact them as well.
Good for you for not making a big deal about it and potentially escalating the situation.
My husband was in a very similar situation and his calm demeanor was what got us out of there quickly with no further trouble.
Hopefully a head's up to his superiors will keep this kind of thing from happening again or to someone else.
Yes, make a complaint. It is inexcusible for a police officer to be so ignorant of the law.
Maybe it will cause the dept to do some training and keep them from lawsuits in the future.
If everything is as you say, then you practically have a duty to make a complaint. Obviously, the LEO just thought he was doing his job, but he really shouldn't be disarming citizens and running serial numbers everytime he happens to see an OC'er in a gas station. That is not what he is paid to do, and his boss needs to get him back on track. Look on the bright side -- he didn't hold you at gunpoint.
Definitely send the boss a note. Perhaps a little roll call training can prevent future incidents.
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I will be sending an email in the morning with the proper links and documentations to back up my claim. I'll let you know if i get a response
it is sad that we have some leo's that act like this. it makes our job hard.
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You can contact them but more then likely thats the view of his supervisors. Most police departments are little more then little boys clubs espesially here in the south. The leaders make the rules no matter what the law says.
It has always amazed me the lack of knowledge some, not all, but some LEO's have about the laws they are supposed to enforce. Sounds to me like you handled it well, as Limatunes said remaining calm is the key.
+1 For keeping your cool and letting him do his thing. I would e-mail his SGT. and if I received no reply, make an appointment to see the SGT.
Keep your demeanor calm throughout the process and some good may come from it.
For as the lightning comes from the east and flashes to the west, so also will the coming of the son of man be. Mathew 24:27