Spencer police took my firearm after identifying myself as a person with an SDA permit.

okshooter26

Well-Known Fanatic
Joined
Aug 6, 2012
Messages
103
Location
Edmond, Ok
I thought I would let people know about my experience Thursday August 2nd while passing through spencer in the early morning taking my date back home after a movie. I had just left Tinseltown movie theatre and I exited on to NE23rd street and was heading east bound back to my dates home. We were having a good time talking and decided to drive around to talk for a while before I took her home. My date told me that she would like to have a cigarette. I told her I don't allow people to smoke in my vehicle. So I drove for a minute looking for a well lit area off of a main road and found a well lit parking lot immediately on the north side of NE23rd street in spencer. We pulled under the lit area got out and lit a ciggarette. During Her Cigarette a Spencer police officer drove by very slowly and then pulled into the parking lot. He drove towards us with just his regualr headlights on and considering it was around 3AM and considering the area I knew the Officer may be a little uneasy with us being there so to keep the situation calm I smiled and waived while slowly walking to his car as he pulled toward me. The officer rolled down his driver window and asked what we were doing . I explained what were doing and I also informed the officer that I was carrying a concealled weapon and that I did have my SDA permit and driver license if he would like to see either/or . He calmly said "no, thats fine" . We spoke a little while, with the officer sitting in his vehicle and my date and my date and I leaning against my car. A few minutes went by and another police officer pulled up behind the first police officer I was still chatting with. He got out of his vehicle and said in a very stern voice. What is going on here? I calmly told him the same thing I told the first police officer and that I have a SDA permit and a drivers license and that I also told the first officer that I was carry a concealled weapon and I did have my SDA permit and drivers license and asked if he needed to see either of them for himself. I very quickly put his hand on his weapon and said ",Yes! I do want to see them!". I told him they are in my wallet in my back pocket and asked if I may reach to retrieve my wallet . He said yes as the first officer on the scene stayed in his car just watching. I handed them to the officer and he skimmed over them and then asked where my weapon was. I told him the weapon was in a holster in my waist band on my right front hip. He told me to put my hand up and at this point he grabbed my shirt and lifted it up. and took my weapon from my pants. He then said you dont need a weapon and that there wasn't going to be any talking if there is a weapon. He asked if he could open the door to my car and I said go right ahead. As upset as I was I kept calm and even managed to maintain a calm smile. we talked for a little while and then let my date and I leave with my weapon back in my car. I personally found this to be extremely intrusive and unprofessional. But forcing me to disarm and the comment he made to be rather insulting. I was nothing but polite, curteous and pleasant to this officer and he still treated me like a criminal. I thought maybe he felt it was for his safety but I did nothing threatening and if they did feel threatend why didnt the first offcier on the scene ask from his car if the other officer needed help or even get out of his car. I realize that I probably dont have any legal grounds for a lawsuit and that is fine. this isnt about that . I just wanted to let the public know about a public servant with the spencer police believing that apparently we peasants have the right to carry a weapon for self defense so he decided to disarm me. I thought someone might be interested in this story and the actions of one member of the Spencer police involving lawful concealled carry.
 

Iggie

Well-Known Fanatic
Joined
Feb 7, 2012
Messages
887
Location
blanchard, ok
You need to go back and read the self defense act officers ared not allowed to ask to see, disarm you, or confiscate your weapon without belief that you were breaking the law.

1290.5 E
If you were in your vehicle 1289.13A B&C

Not sure I would have personally argued with him though I may of asked if I was suspected of a crime, then I do believe I would contact his chief. But hey these are my takes and opinions.
 

jtischauser

I'm addicted to kicking ass
Joined
Sep 11, 2010
Messages
23,507
Location
Guthrie, OK
Bases on the time of night and the circumstances I can see an officer that's not a gun guy being scared especially if you are intimidating looking. However he was the one breaking the law but it doesn't seem like you can do much about it Other than call and fine a complaint. Sounds like you handled it well at the time. I think most of the guys here would have responded with the only way you're getting my gun is from my cold dead hand.

Just curious where did you find your "date" off Robinson or MLK? Just kidding, I couldn't resist. :)
 

Burk Cornelius

Regular guy
Joined
Jan 18, 2011
Messages
13,074
Location
Edmond/OKC
You need to go back and read the self defense act officers ared not allowed to ask to see, disarm you, or confiscate your weapon without belief that you were breaking the law.

1290.5 8 E

Not sure I would have personally argued with him though I may of asked if I was suspected of a crime, then I do believe I would contact his chief. But hey these are my takes and opinions.

TITLE 21 § 1290.8. Possession of license required-notification to police of gun

E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.

HOWEVER, I agree with Iggie, I wouldn't have argued with him either. it is better resolved/discussed after the fact
 

poopgiggle

B Class Nobody
Joined
Mar 22, 2011
Messages
2,327
Location
Tulsa, OK
you should have turned on your cell phone video camera and filmed yourself giving the police a lecture on constitutional law

that's what all the internet cool kids do these days
 

Iggie

Well-Known Fanatic
Joined
Feb 7, 2012
Messages
887
Location
blanchard, ok
TITLE 21 § 1290.8. Possession of license required-notification to police of gun

E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.

HOWEVER, I agree with Iggie, I wouldn't have argued with him either. it is better resolved/discussed after the fact
stupid tiny phone keyboards, I always end up messing something up. Also I couldn't copy and paste due to the phone being stupid.
 

okshooter26

Well-Known Fanatic
Joined
Aug 6, 2012
Messages
103
Location
Edmond, Ok
youre lucky you werent disarmed at tinseltown.
And spencer =hood

I really like Tinseltown. Admittedly Tinseltown is in a higher crime area but I really do like it. Tinseltown also seems to be the only theatre in okc that don't have signs that forbid concealled carry and the ticket prices are cheap as are the concessions compared to other places near me like AMC. Its always seems to be pretty clean as well.

Chase, do you have a link to the statute that you posted. I did a search but was only able to find title 1290.8 A-D. section E seemed to be absent entirely in the areas that I looked.

Also Do you guys have any suggestions about what to do in the future when a police officer decides they want to confiscate or inspect my firearm when properly and legally carrying it concealled or open after October 31st of course in our state?
 

Jefpainthorse

Fill in the Blank
Joined
Oct 18, 2010
Messages
1,501
Location
Guthrie OK-Carson City NV
you should have turned on your cell phone video camera and filmed yourself giving the police a lecture on constitutional law

that's what all the internet cool kids do these days

I don't know if that would help in small town Oklahoma.... That cop in Spencer sounds like the kind of guy who would check the focus on his dash cam then taze a guy for having a recorder.

Sounds like somebody needs to fly a desk in that department.
 

ChrisC

Revolver Division
Joined
Oct 23, 2010
Messages
1,401
Location
mcalester, ok
I would contact the police cheif or city manager to file a formal complaint on the officer and speak with the Oklahoma County Sheriff's Office to request an investigation.

Didn't sound like there was any probable cause that a crime had been committed.
 

ChrisC

Revolver Division
Joined
Oct 23, 2010
Messages
1,401
Location
mcalester, ok
just think what could have happened if you were open carrying a firearm... you would have been proned out on the concrete...
 

WillR

Well-Known Fanatic
Joined
Dec 29, 2010
Messages
610
Location
Edmond,OK
I hate hearing stories that tarnish the reputation of our law enforcement. That was totally unprofessional, and unacceptable. In my profession I would be fired for doing something relating in severity. But I'm sure this officer will not even get a verbal warning about this. Therefore, he has probably acted this way before, and will continue to do so in the future, unless corrective action is taken.
 

poopgiggle

B Class Nobody
Joined
Mar 22, 2011
Messages
2,327
Location
Tulsa, OK
Also Do you guys have any suggestions about what to do in the future when a police officer decides they want to confiscate or inspect my firearm when properly and legally carrying it concealled or open after October 31st of course in our state?

Post about it on an Internet forum! /goon

Be polite, comply with instructions, and then file a complaint with the department and/or file a suit.

Not hanging around in 'hood parking lots at 3AM will help a lot too.

I don't know if that would help in small town Oklahoma.... That cop in Spencer sounds like the kind of guy who would check the focus on his dash cam then taze a guy for having a recorder.

That was a joke.
 

Iggie

Well-Known Fanatic
Joined
Feb 7, 2012
Messages
887
Location
blanchard, ok
My suggestion (note this is only a suggestion and you should do the legal search yourself and come to your own conclusions) is ask if you are suspected of commiting a crime and what it is... but be polite and within reason comply with the officer.


As far as the law goes either download the digital book, or call your local sheriffs department and see if you can get a copy.

Link to the digital version: http://www.ok.gov/osbi/Concealed_Weapons_Licensing/
 

dennishoddy

Moderator
Joined
Feb 11, 2011
Messages
11,748
Location
Ponca City, Ok
My suggestion (note this is only a suggestion and you should do the legal search yourself and come to your own conclusions) is ask if you are suspected of commiting a crime and what it is... but be polite and within reason comply with the officer.


As far as the law goes either download the digital book, or call your local sheriffs department and see if you can get a copy.

Link to the digital version: http://www.ok.gov/os...pons_Licensing/

A free copy can be obtained by calling the OSBI. Local Sheriffs don't keep them for distribution.
 

Scott Hearn

Well-Known Fanatic
Joined
Sep 19, 2010
Messages
2,614
Location
Moore, OK
I would contact the police cheif or city manager to file a formal complaint on the officer and speak with the Oklahoma County Sheriff's Office to request an investigation.

Didn't sound like there was any probable cause that a crime had been committed.

I'd do this right here. ^^

And I'd also quit hanging out in Spencer if at all possible. Also just so you know, nothing good happens after midnight. Especially in Spencer!
3:00 o'clock in the AM is not a time to be training the local police force on the statutes either. Just go down and report what happened and follow up if need be.

Edit: Just talking to the shift leader might get you some results too. I did this a few years back with the Moore PD and the officer got "educated" to my satisfaction, so I didn't elevate it. You might get some satisfaction without a formal complaint. Just a thought.
 

Latest posts

Top