The way I see this playing out in my mind is that basically it was the perfect storm.
You have a citizen who knows his rights in regards to 2A, as he not only shoots a dangerous animal on his property, but he is still wearing the same gun - openly, on his property - when the police officer arrives. Then when the police officer tries to disarm him, he feels his rights are being violated and so he draws his weapon to defend himself. In his mind, each and every one of his actions seems justified. And it's important to note that he didn't shoot the officer, though he probably could have (physically). He was more focused on the apparent violation of his RKBA.
Then you have the officer, responding to a call that someone has shot a dog. He pulls up and is met outside by the man who did the shooting. This man was not waiting inside for the officer to knock on the door. This man is also carrying the gun he did the shooting with. The officer asks to disarm the man, who refuses. Then, it seems, the officer moves quickly to disarm the man physically. This is where I think the critical mistake happened. (Assuming he didn't), what the officer should have said at this point - as others have - was simply, "Sir, it is standard procedure when we investigate a shooting to disarm the shooter. I am not taking away your gun or your rights, I am simply making the situation safe. If everything checks out, I will promptly return your weapon." IMO, something factual and to the point, along these lines, would have changed everything.
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- by ClarkLZeuss
- Sun Mar 03, 2013 2:05 am
- Forum: The Crime Blotter
- Topic: OIS today in Austin - bloggers already at it
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