NOLA: Physically detained and disarmed by Whole Foods store cop: Sgt. Wade Boswer

[Adam A Farley]

All of this was gathered via chat with our local ......

He did say that he has seen it happen to a few.

Gun taken from a holder and used in a crime resulted in the carrier being held liable in a civil lawsuit .

I do not see it written into law, thus left to the judge to decide.

Sorry was advised to not start mentioning people .

Anyways this was all via a chat with some persons who should know more then others.

 

[georg jetson]

All of this was gathered via chat with our local ......

He did say that he has seen it happen to a few.

Gun taken from a holder and used in a crime resulted in the carrier being held liable in a civil lawsuit .

I do not see it written into law, thus left to the judge to decide.

Sorry was advised to not start mentioning people .

Anyways this was all via a chat with some persons who should know more then others.

Your local what? This is Louisiana. Louisiana law applies. Your "chat" with your local... is irrelevant.

 

[TechnoWeenie]

I was curious about the laws here in Utah if this happened to me.

Laws are rather strait forward , the fact he assaulted you to disarm you was and is a "you will be arrested here." He was in the wrong and he would be arrested if you pressed charges.

Under no condition can you be physically disarmed unless you pose a clear direct threat to people.

You could have used physical force to regain control , how ever much necessary. Deadly force can only be used if you feel and can prove your life was in danger. But opens you to a lot of legal headache.

Once you seen he was a cop, you must stop period. There can be no further action taken, you verbally warn him to stop and if he does not. Let the authorities deal with it.

You contact the authority's and let him face the music. He would have most likely lost his job and opened him to a clear civil suit .

If you walked In to a controlled via state or federal law no carry zone with a gun, this can be the outcome yes and your in the wrong and you will loose your rights.

If this is just privet property or public property that was not clearly posted. They are to ask politely to please leave.

If it was posted and you did it any ways , they can call the cops to have you removed but you can not be assaulted . You might loose your gun depending how bad you pissed them off.

That is how this works here in Utah.

O and if your gun is taken from you, the cops are not going to have much respect for you. You carry you are fully expected to hold on to your gun period unless strong extenuating circumstances apply.

Your gun is taken with out a fight from you and used in a crime. You can be held liable .

Natural right of self defense trumps any 'resisting arrest' BS.

Hell, even most states that don't allow resisting unlawful arrests, specifically exclude cases of officers using excessive force. Ie, you can resist if you're in danger.

 

[Adam A Farley]

Your local what? This is Louisiana. Louisiana law applies. Your "chat" with your local... is irrelevant.

No really?

Quite sure I said I was curious what would happen here guy.

I was more then clear here not there.

 

[MSG Laigaie]

With an arm around his neck, and a hand on the OPs gun, there couldn't have been a weapon in the assailants hand.

One hand pushing down on the gun, keeping it in the holster,

I don't care who you are, or what clothes you're wearing....... If you grab me from behind, and attempt to get my firearm, you will be dealt with in a harsh manner. Shoot him.

SHOOT HIM! He won't hesitate to shoot you.
He's probably wearing a ballistic vest, so a center mass shot would not stop the threat. Shoot to stop the threat, on armored individuals, a head shot is suggested.).

I agree with locking his hand on your holster, good move.

An assualt should always be met with massive and rapid retaliation.

Do not bother with the head, that is television. If you are not bruce willis, or train for it regularly, leave the head alone. In my experiance the weapon is already pointed down, or you will need to gain control of it even if it is in his hand. The upper thigh has a really big blood vessel in it. Even a close hit can cause enough damage for your target to be distracted. Try not to shoot your own leg, it hurts a lot.

 

[Grapeshot]

I was curious about the laws here in Utah if this happened to me.
--snip--
That is how this works here in Utah.
--snip--
Your gun is taken with out a fight from you and used in a crime. You can be held liable .

All of this was gathered via chat with our local ......

He did say that he has seen it happen to a few.

Gun taken from a holder and used in a crime resulted in the carrier being held liable in a civil lawsuit .

I do not see it written into law, thus left to the judge to decide.

Sorry was advised to not start mentioning people .

Anyways this was all via a chat with some persons who should know more then others.

Your local what? This is Louisiana. Louisiana law applies. Your "chat" with your local... is irrelevant.

No really?

Quite sure I said I was curious what would happen here guy.

I was more then clear here not there.

If "here" is Utah, then you are off-topic for the La. sub-forum.

Insofar as "being advised to not talk about people" - that's ridiculous. You'd be passing information (citing) on litigation that is a matter of public record.........if such exists.

Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
http://forum.opencarry.org/forums/misc.php?do=showrules

 

[TechnoWeenie]

I agree with locking his hand on your holster, good move.

An assualt should always be met with massive and rapid retaliation.

Do not bother with the head, that is television. If you are not bruce willis, or train for it regularly, leave the head alone. In my experiance the weapon is already pointed down, or you will need to gain control of it even if it is in his hand. The upper thigh has a really big blood vessel in it. Even a close hit can cause enough damage for your target to be distracted. Try not to shoot your own leg, it hurts a lot.

Mozambique drill FTMFW.

You do what you train.

So, regardless, my first two shots will probably be center mass.

 

[bad_astronaut]

I was curious about the laws here in Utah if this happened to me.

Laws are rather strait forward , the fact he assaulted you to disarm you was and is a "you will be arrested here." He was in the wrong and he would be arrested if you pressed charges.

Under no condition can you be physically disarmed unless you pose a clear direct threat to people.

You could have used physical force to regain control , how ever much necessary. Deadly force can only be used if you feel and can prove your life was in danger. But opens you to a lot of legal headache.

Once you seen he was a cop, you must stop period. There can be no further action taken, you verbally warn him to stop and if he does not. Let the authorities deal with it.

You contact the authority's and let him face the music. He would have most likely lost his job and opened him to a clear civil suit .

If you walked In to a controlled via state or federal law no carry zone with a gun, this can be the outcome yes and your in the wrong and you will loose your rights.

If this is just privet property or public property that was not clearly posted. They are to ask politely to please leave.

If it was posted and you did it any ways , they can call the cops to have you removed but you can not be assaulted . You might loose your gun depending how bad you pissed them off.

That is how this works here in Utah.

O and if your gun is taken from you, the cops are not going to have much respect for you. You carry you are fully expected to hold on to your gun period unless strong extenuating circumstances apply.

Your gun is taken with out a fight from you and used in a crime. You can be held liable .

1. If you have questions about UT law, there is a UT subforum.
2. Reading your post was physically painful. Please, for the sake of the gun community you are a part of, improve your spelling and grammar to represent our community in a more respectable manner. Ignorance is never a viable excuse.

 

[PFC HALE]

1. If you have questions about UT law, there is a UT subforum.
2. Reading your post was physically painful. Please, for the sake of the gun community you are a part of, improve your spelling and grammar to represent our community in a more respectable manner. Ignorance is never a viable excuse.

1. didnt see him asking questions.
2. no need to hammer him on 3 misspelled words.
3. this appears to be your first post and you already placed yourself in troll status. not good for the board.

 

[Grapeshot]

1. didnt see him asking questions.
2. no need to hammer him on 3 misspelled words.
3. this appears to be your first post and you already placed yourself in troll status. not good for the board.

1. Adam did introduce Utah into the Louisiana sub-forum - no benefit there.

2. Spell check is good. Many people don't use it. Wish they did, but it is not a matter of life and death.

3. It does not appear to be bad_astronaut's 1st post - it is his first post. Nothing therein should cause anyone to call him a troll - that is over the top.

New member/registants are the life blood of OCDO - it takes time for some to be fully understood and accepted, but that should not diminsh the value of their thoughts.

 

[PFC HALE]

your point is grapejuice?

 

[WalkingWolf]

I can understand Adam's concern with what happened in LA could happen to him in Utah. But he really could only get the legal answers he was looking for in the Utah forum. Not all members watch all the threads.

Personally I would have like to seen this thread in the general forums as it is a issue that we all need to be aware of. Plus having nationwide support for the OP cannot hurt him. I use the new posts as soon as I sign in to follow threads, if I did not I would not know what was going on around the country. Maybe Adam was using this feature also.

 

[Adam A Farley]

I use the new posts feature up top to see what topics are currently being talked about.

There wasn't anything like this being talked about in the Utah forum. Fact is no one open carrys here.

I stick out like a sore thumb lol.

Didn't mean to muck up your thread sorry.

 

[WalkingWolf]

I use the new posts feature up top to see what topics are currently being talked about.

There wasn't anything like this being talked about in the Utah forum. Fact is no one open carrys here.

I stick out like a sore thumb lol.

Didn't mean to muck up your thread sorry.

[Makes sign of the cross like the pope] All is forgiven my son, but ask your question in the Utah forums. I am sure somebody will answer you.

 

[georg jetson]

1. If you have questions about UT law, there is a UT subforum.
2. Reading your post was physically painful. Please, for the sake of the gun community you are a part of, improve your spelling and grammar to represent our community in a more respectable manner. Ignorance is never a viable excuse.

Welcome to OCDO bad_astronaut!

 

[Utah_Patriot]

Adam please post on the Utah form I would be happy to help you. Or call me if you need any questions answered

questions comments problems call anytime 8014487574

 

[marshaul]

View attachment 9908

lol

 

[bad_astronaut]

1. didnt see him asking questions.
2. no need to hammer him on 3 misspelled words.
3. this appears to be your first post and you already placed yourself in troll status. not good for the board.

If my post was offensive, then let me first apologize to Mr. Farley, and then kindly encourage a quick re-read and edit of long posts. I know that this practice has helped me to be more clear in my posting on other forums.
If I were a troll, I would say something inflammatory about the .45 acp pictured in your profile and wait for fireworks, even though I actually believe it to be an effective handgun caliber.

 

[bad_astronaut]

If there had been retention training?

What do the members of this board think would have happened if the OP had possessed retention training? Of course this could have ended very badly, but the man was in uniform and was not a criminal seeking a weapon (I know there is no way of knowing that at the time, this is hindsight). I suppose what comes to my mind is that as bad as the situation was, it will go farther in promoting the exercise of this right than it would had the OP injured the officer during the altercation.

 

[WalkingWolf]

What do the members of this board think would have happened if the OP had possessed retention training? Of course this could have ended very badly, but the man was in uniform and was not a criminal seeking a weapon (I know there is no way of knowing that at the time, this is hindsight). I suppose what comes to my mind is that as bad as the situation was, it will go farther in promoting the exercise of this right than it would had the OP injured the officer during the altercation.

The moment the officer decided to step outside the boundaries of law he became a criminal.