City of Ferguson Caves, Agrees to Pay Settlement to Parents of Michael Brown Despite Lawful Police Shooting

Only in today’s lefty courts of America can an attempted murderer’s parents profit from their adult son’s criminal actions and death.

I have seen and heard many things in my three decades as a cop, plus my military time. However, I recently heard that Michael Brown’s parents settled a lawsuit against the city of Ferguson for their son’s death.

These are the same parents of an 18-year-old adult who attacked and arguably tried to seriously injure or kill a police officer. The police officer was cleared in the shooting, as it was ruled justified. Yet even though justified and found lawful, the officer had to quit and move out of town for the safety of his own family. These are the same parents who, after the shooting incited violence, said, “Let’s burn this m——- down.”

Read the rest here.

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It Takes a Good Guy With a Gun to Stop a Bad Guy With a Gun

“Law enforcement is reactionary by its very nature — remember, they come when you call, but you have to be able to call them.”

As news unfolded last week in this country, many things got splashed across our television screens and repeated over and over again. If the story is one of death or terror, it usually gets plenty of airtime and lots of print. A perfect example is the very newsworthy shooting at the Republican softball practice. A lunatic, left wing fringe ‘wanna-be killer’ tried to target unarmed and defenseless Congress members. It got the press time it deserved.

The attempted murder of our Congress members was stopped by two armed plain clothes police officers assigned as dignitary protection to one of the present members. Even after being wounded, they continued to engage the gunman. They were both transported to the hospital, and the gunman later died from his injuries. The other present members of Congress were fortunate the police officers had been assigned as protection.

Read the rest here.

Florida Officers are NOT Taught Firearms Law in the Police Academy.

I can only speak for my state, Florida, but I have found something that is very eye opening and needs to be addressed by the State of Florida.

I found that in the Basic Law Enforcement Officers Training Curriculum there is no mention anywhere of the laws and procedures relating to firearms and Concealed Carry License holders and laws, and it is vital that it be addressed immediately as it could result in the serious consequences for both my fellow law enforcement officers, and the law abiding citizens of Florida!

I have been teaching and training law enforcement and corrections officers in Florida for more than 34 years. I currently am the Law Enforcement/ Corrections Training Coordinator at Santa Fe College, Institute of Public Safety in Gainesville, and have been there for going on 20 years now. I have been very active in the past in writing and developing the FDLE/CJSTC Curriculum that we use to teach in our basic courses, acting as an SME (Subject Matter Expert) for FDLE on several subjects.

As part of my duties as coordinator, it is important that I review the current curriculums and make sure that we are teaching all of the needed information to make our officers/ deputies the very best informed and trained LEO’s we can. In addition, the more knowledgeable our LEO’s are the better they are equipped to handle situations that arise during their careers, and also helps to keep them from being liable for any misdeeds due to the lack of knowledge or training. It was while reviewing last years and this year’s Basic LEO curriculum that I found a serious omission in the text and materials.

I am sure that if I asked you how much time we spend on the firearms laws in the State of Florida in the Basic Academy you would probably say at least several hours, right? I mean with over 1.7 million concealed weapons license holders, you would think that we would address these laws and the proper way of dealing with this group of law abiding citizens correct? Well, we do not. There is actually 0 (zero) time or lessons dedicated to the instruction of the Firearms laws in the state of Florida. Even though Officers are expected to know and deal with these laws almost on a daily basis. In fact, we do not cover the laws concerning the CWL holders of Florida and what is legal and what is not as it pertains to citizens possessing firearms.

There are even only a few very brief, very short mentions of the Florida Chapter 790 in the entire training text. One of which simply mentions that it is one of the warrantless arrest exceptions for “Carrying a Firearm in Violation of an Injunction (s. 790.233, F.S.)” and “Carrying a Concealed Weapon (s. 790.02, F.S.)”[1] in Chapter 1. Chapter 2 mentions it as one of the crimes in Chapter 2, Unit 3, Lesson 2, Elements of crimes where it covers “carrying a Concealed Weapon (without a license), s. 790.01, Misdemeanor/ Felony”[2]. That is it! That is the entire law enforcement curriculum on dealing with firearms laws.

It is understood that we cannot cover every law and every situation in the Basic Law Enforcement Academies. I know this better than most people. But I also know that with the increase in Concealed Weapons License’s in the State of Florida (now over 1.7 million!) officers are encountering the law abiding citizen that is legally armed more and more. And with several current cases and lawsuits against officers and departments for unlawful arrests[3], or otherwise unknowingly violating a law-abiding, licensed citizens’ rights and getting complaints filed against them, we need to do something to better protect our officers, departments and the law abiding citizens of Florida.

I first discovered this lack of information when working on an in-service training curriculum with the Alachua County Sheriff’s Office Training Unit. They were getting complaints about officers disarming CWL holders during routine traffic stops and were investigating the legality of this issue and trying to better educate their Deputies. I assisted with the curriculum due to my involvement in this subject matter for a number of years.  We developed and used a very good curriculum and taught their deputies during in-service about the current state laws concerning the carrying of firearms by citizens. Both lawful and unlawful, and the training was well received.

The major issue at hand is the practice of officers “disarming” lawfully carrying citizens on the side of the street without any further reason than they are armed. Any handling of a firearm (which the LEO may not be familiar with) on the side of the road or elsewhere is potentially dangerous. It has been discussed and there is case law to support the view that officers, while being able to use Stop and Frisk (F.S.S. 901.151) when someone is under investigation for a criminal act, and when finding that the person may be armed AND is a danger to the officer, the officer may frisk for weapons, it does not cover frisking or disarming a law abiding citizen, who is not breaking any laws other than a possible civil infraction of traffic law. Officers can and do ask motorist and passengers if they are armed, and rightly can do so. But by Florida law it is not covered that they can then, upon learning they are a licensed, lawfully carrying citizen, disarm that person and deprive them of their property. In fact, the courts have held otherwise. In fact case law states that it is not permitted.[4] In fact, Florida law does not require a citizen to notify an officer they are lawfully armed unless the officer directly asks the person if they are armed (790.06).

In order to prevent citizen complaints and lawsuits for violation of citizens’ rights, do away with the unnecessary handling of firearms on the side of the street, and to increase the trust of the citizens with our police officers statewide (which is vital right now considering current events) I respectfully request that the CJSTC consider adding a lesson on Chapter 790, Firearms Laws and include as part of that, “Law Enforcement interactions with Concealed Weapons License Holders”.

This training is vital to our current situation and may help prevent unnecessary litigation and even possible injury or worse happening to one of our LEO’s or a law abiding citizen. And it is important to remind everyone involved that there are multiple cases now of lawfully armed citizens saving the lives of Police Officers across the nation! Lawful gun owners are not the problem or the enemy!

 

Refs:

1 Florida Basic Recruit Training Program, Text Book 1, Version 2016.07, Page 52 & 53.

2 Florida Basic Recruit Training Program, Text Book 1, Version 2016.07, Page 74.

3 Freeman & Florida Carry v. City of Tampa, et al./ Norman vs. State of Florida (currently under review by the Florida Supreme Court) / Florida Carry v. City of Daytona Beach

4 741 So.2d 1268 (1999), Bruce WELCH, Appellant, v. STATE of Florida, Appellee. No. 98-2615. District Court of Appeal of Florida, Fifth District.

[1] Florida Basic Recruit Training Program, Text Book 1, Version 2016.07, Page 52 & 53.

[2] Florida Basic Recruit Training Program, Text Book 1, Version 2016.07, Page 74.

[3] Freeman & Florida Carry v. City of Tampa, et al./ Norman vs. State of Florida (currently under review by the Florida Supreme Court) / Florida Carry v. City of Daytona Beach

[4] 741 So.2d 1268 (1999), Bruce WELCH, Appellant, v. STATE of Florida, Appellee. No. 98-2615. District Court of Appeal of Florida, Fifth District.

 

Anti-Gun Activists are Using Gun Phobia, the Education System and the Liberal Media to Slowly Take Away Second Amendment Rights!

By Joshua Gant, Opslens contributer, and LEO!

“The concept that you can stop crime by increasing gun legislation is so off base that it is dangerous to the safety and security of each and every citizen of the United States.”

As I sit back and watch headline after headline tick across my screen, it’s disgusting to me to witness the assault being waged on our right to keep and bear arms. For the people who seem to have forgotten, those rights are guaranteed by a document that liberals like to side step from time to time called the Constitution of the United States.

Read the rest here.

What’s With All the Police Brutality?

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By Chris Wagoner:

The protesting of police shootings and police brutality has sky rocketed this year. I see news reports with groups wanting “justice for Freddie” or for the latest person shot by police. If you listen to the media, all they seem to focus on is police violence. You see so much news these days about police accused of, and sometimes even arrested for, various crimes resulting from acts of violence. Now, first let’s make something very clear, I am not saying that the police do not commit crimes, or that they do not commit police brutality. Let’s get that out of the way. I am sure they happen. But it is my contention that they are not an “epidemic” or a nationwide problem.

I say this because in 2012 there were about 313,910,000 citizens in the United States and 670,439 police officers. That meant there were about two police officers for every 1000 citizens. Sworn officers made up about .22% of the US population. During any given year officers come in contact with about 16.9% of the US population, with about 3.89% of those contacts resulting in arrests for something. Think about this… 670,439 cops made contact with more than 53, 050,790 citizens! Now this is for any reason from traffic stops to making reports, traffic accidents, anything. Of all the millions of contacts citizens had with police, only 26,000 complaints of excessive violence were made against police. Of those 26,000 complaints, only 2,080 were found to be sustained, meaning they were true or had some substance to them, or 0.0039% of all police contact resulted in a verified complaint regarding the use of excessive force.

Read the rest of the story here….

Be the Solution…Not the Problem

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By Chris Wagoner:

If people wanted to see things change, they would look at all the options and pinpoint where they could create change with a positive outcome. I hear it a lot in the news and on the internet, people ranting about how unfair justice is for this or that group. When I can, I engage them in a conversation asking them if they would like to be a part of the solution and not the problem. I see people rioting and destroying others property, and when confronted they cry injustice about how the system is unfair. So, I tell them, why not be a part of the solution? And the answer I often get is “Who me?”

Overseeing a large police academy in North Central Florida I see all kinds of students come through our doors. I wish more people who believe they could do a better job than those currently policing would try and make a difference in their community. Becoming a police officer is not as easy as many may think. Candidates must complete written exams, interviews, background investigations, polygraphs, psychological exams, and intense training.  And this arduous process is just the beginning.

Read the rest of the story here…

What to Do If You Get Pulled Over While Legally Armed – A Cop’s Perspective

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By Chris Wagoner:

Recently, I was contacted by my local sheriff’s office and asked to help them out by developing training material for their deputies. This material would specifically provide legal guidelines for a police officer to follow in the state of Florida if someone he or she encountered had a concealed firearms license and was carrying a firearm, or had a firearm legally in their vehicle. Since I am a full-time law enforcement trainer in the state of Florida, and a staunch supporter of the second amendment, I gladly agreed to help.

I sat down and wrote out a training curriculum for the deputies that included Florida’s current state laws on firearms possession. I also used research from case laws regarding the rules and regulations of confiscations by police of citizens, including the notion of temporarily taking your firearm from you at a traffic stop. When all was said and done, the curriculum was well-received by the deputies and the sheriff’s office, and continues to be used not only by them, but by several other departments, and it is being considered for inclusion in the basic law enforcement training curriculum for the state of Florida.

But in doing this, it also brought to mind the other side of the coin: what should a citizen do if stopped by the police while carrying a firearm legally in the vehicle, or with a concealed firearms license and a firearm on them while driving?

Read the rest here…