DO NOT START BASHING LEOs AND/OR MCs.

The question:

If an LEO can carry legally anywhere in the country, at any time, is this Seattle LEO being charged because he was intoxicated, and therefore violating the rules governing lawful carrying of firearms?

Or is he being charged because he didn't have the permission of his home PD to carry outside of jurisdiction? Is that kind of permission necessary?

I ain't trying to stir crap up here, just trying to understand the reported facts better. We got our bias/bile out on the thread when this story first broke, and a little more minutes ago. This time, let's just talk facts of this incident.

TIA

 

I don't know enough about it to answer that and I don't think anyone else here does either.

 

H.R. 218 exempts LEOs from other states’ concealed-carry laws. But it doesn’t exempt LEOs from being stupid (drunk in public, brandishing, etc.). If I knew more about this incident I could probably offer a specific answer.

 

Okay, I found the thread you were referring to.

H.R. 218 does not exempt LEO who is under the influence of alcohol.

Here's the text:

http://www.leaa.org/218/218text.html

 

here ya go...being a leo or retired leo does not automatically give you ccw rights under this act.
http://www.mdsp.org/downloads/LEOSA_2004.pdf

 

In my state a LEO from another state does not have the right to carry, I've been told. However a LEO here isn't likely to enforce that unless the privilege is violated as may (and I say may) have been done in Sturgis.

I'm sure there will be more facts come out as this plays out. These articles are about preliminary findings of a grand jury as I see it, and not a jury. In other words, no one's been convicted of anything and all have the right to a presumption of innocence including the HA.

 

A fool finds no pleasure in understanding
but delights in airing his own opinions --- PROVERBS 18:2

 

If he was under the influence (the LEO)...he is in some deep doo doo as that will go to his judgemental ability which will trump most of the other circumstances. JMO

 

Well, maybe I'm the fool for asking.

The guy was charged, not by accident. The grand jury determined there was enough evidence to indict. That's all we know at this point.

I'm not even asking about the aggravated assault, just the carrying--related charges, since a lot of discussion happened here about a cop's right to carry at all times. I believed that and was surprised to read that this cop was being charged with these two indictments. It just seemed strange.

Thanks to all who cited/responded above. I wouldn't have known where to look.

Remember to pack some heat when you ride (it's starting to get chilly in the evenings around here )

 

Here is how it played out:

Criminal charges have been filed in South Dakota against a Seattle police detective and a Hells Angels member whom the detective shot and wounded in a bar fight during the Sturgis Motorcycle Rally, according to a statement issued Thursday by the Meade County State's Attorney's office.

In addition, three other members of a law enforcement-oriented motorcycle club, including a second Seattle police officer and two U.S. Customs agents have been charged with carrying a concealed weapon without a permit in violation of South Dakota law, according to the statement.

The detective, Ron Smith, 43, has been charged with aggravated assault, perjury and carrying a concealed weapon without a permit. The Hells Angels biker, Joseph McGuire, 33, of Imperial Beach, Calif., was charged with aggravated assault.

The shooting happened Aug. 9 at the Loud American Roadhouse, a crowded bar in Sturgis. The detective, who was with members of the Iron Pigs, a motorcycle club of law enforcement officers, said he was jumped by several Hells Angels members and fired in self defense.

Other Iron Pigs members, including Scott Lazalde, 38; James Rector, 44; and Dennis McCoy, 39, a Seattle police officer; have been charged with carrying a concealed weapon without a permit, according to the statement. Lazalde, of Bellingham, and Rector, of Ferndale, are employed with U.S. Customs. The charges were filed after a grand jury reconvened Wednesday to examine the evidence. Warrants were expected to be issued for the defendants. No court date has been set.

Aggravated assault is punishable under South Dakota law by up to 15 years' imprisonment. Smith and McGuire also were charged in the alternative with misdemeanor assault, which would a give a jury another option should it decide to acquit on the more serious offense