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Submitted by security_six on Wed, 05/21/2008 - 7:19pm.

This is when I was stopped downtown by Officer O'Neill for OCing. Officer Beckwell had his gun out, but not pointed at me... this is OPD's response to my complaints. Here is the conversation on OpenCarry.org for those interested.

 

Dear Mr. Coffman,

On December 12, 2007 you filed a complaint with the Olympia Police Department alleging Officer O'Neill acted inappropriately during a contact he had with you while you were "open carrying" a firearm in the downtown Olympia area. A formal inquiry has been completed into this matter and I would to (sic) take this opportunity to inform you of the findings.

Allegation # 1: Officer O'Neill forced you to carry your handgun concealed rather than in the "open carry" position.

The dispostion for this allegation is Sustained; meaningthe investigation revealed facts to support the allegation. This finding is based on, while Officer O'Neill did ot physically coerce you to conceal your firearm, your feeling that you didn't have the choice to "open carry" your firearm developed from the Officer's comments.

Allegation #2: Officer O'Neill conducted himself in a hostile manner.

The dispostion for this allegation is Exonerated; meaning the investigation shows Officer O'Neill's actions to be justified, lawful and proper. This finding is based on Officer O'Neill asserting his authority to establish and maintain control under the circumstances presenting immediate officer safety concerns.

Allegation # 3: Officer O'Neill failed to follow the Departmental Instructive relating to "open Carry". (sic) The dispostion for this allegation is No Finding; meaning the investigator could not conclude wheter Officer O'Neill failed to follow the Instructive based on available information.

This report has been reviewed by Chief Gary Michel and Commander Tor Bjornstad, who is the Commander of the Division Officer O'Neill is currently assigned, and they agree with the findings.

Remainder is standard boiler plate about the complaint process and about an enclosed survey.

The letter is signed

Sincerely,
Ray Holmes, Lietenant
Office of Professional Standards
Olympia Police Department

 

»

So OPD told you to conceal

So OPD told you to conceal your weapon...what's wrong with that?
»

holy cats

Even I know the answer to this one. You new here?

Washington is an "open carry" state, meaning you're allowed to openly carry a fire arm. The police shouldn't be able to tell you not to do something state law allows.

Not that open carry doesn't make people uncomfortable, but lots of legal stuff makes people uncomfortable.

»

Washington State

 Is an "open carry" state for firearms, meaning one can carry their weapon visibly.  Permits are issued for "concealed carry" (and also required for any form of loaded carry in a vehicle)

Check out OpenCarry.org for more info.

I'd been round and round with OPD over this one before, they even issued a training directive to their officers that stated OC was legal, yet they still bothered me.

Finally I just turned a civil rights attorney loose on them...   

Confucius Say-"He who need inquire if safe with one in pipe, ask loaded question!"
»

Is it me or does this part read weird?

This finding is based on, while Officer O'Neill did ot physically coerce you to conceal your firearm, your feeling that you didn't have the choice to "open carry" your firearm developed from the Officer's comments.

,,,kinda like asking someone to apologize and they apologize for your feelings instead of their actions. 

»

This whole thing reminded me

This whole thing reminded me of a school incident with my former stepkid. In Elementary school he once traded his peanut butter sandwich for another kid's pizza slice. A volunteer lunch aide told them that trading wasn't allowed (siting potential allergies.) Upset that he was denied his pizza my kid threw his sandwich in the trash. For that action he was made to sit in time-out on the stage (the students ate lunch in the auditorium.) I know from my time in Elementary that he was pointed and snickered at during this time. He got upset, acted out, and his Grandmother had to come pick him up.

The next day we learned from the Principal that A) There was no rule against trading lunches - it wasn't even discouraged. B) There was no rule requiring disciplinary action for throwing your own food away.

So what we had was a person enforcing a rule that didn't exist, and taking action over an infraction that didn't exist.

The Principal admitted all that yet wouldn't admit that the aide did anything wrong.

You can blow out a candle / But you can't blow out a fire / Once the flames begin to catch / The wind will blow it higher

»

Yeah

 O'Neill told me to conceal or he would "take it"  I told him to do whatever he was going to do since I would not conceal. 

I really could keep pushing this thing, but I'm not going to.  I have a pretty good idea that there will be no more OC problems in Oly.  My attorney has put the city on notice that if there is a third incident there will be a lawsuit.  I've bent over backwards to seek and work out a peaceful resolution to the problem, and if the city wants to score a few points by dancing around with words that's alright, because I have the law and one of the finest lawyers in the state for police issues on my side.  

I told Lt. Wilson a long time ago back in October when I was first bothered over OC that if there was second time I would be getting a lawyer involved, and if there was third, I would be calling the yacht brokers to see what I could get after a lawsuit... 

After speaking with a few officers, I think the problem is resolved.  I hold no animosity towards OPD.   

Confucius Say-"He who need inquire if safe with one in pipe, ask loaded question!"
»

Im glad the issue is dead,

Im glad the issue is dead, good job with it. Being level headed goes a long way.
»

Yeah

Staying reasonably level headed does help when dealing with cops and the city.  :-)  What I'm really wondering is what they will do the next time a citizen makes a complaint.  I don't have a lot of confidence in their dispatch to gather and pass on useful information.  In an ideal world the cop should be able to drive by and figure out what is going on.  This whole getting disarmed crap is old, and hopefully won't be an issue either.  

Given the nature of the law, a simple dive by and visual examiniation should satisfy an officer if I am breaking any laws or not...

I'm going to get a shoulder holster for my 1911a1 and start OCing it in that to keep the area around my hands free on my waist, plus give me a little more retention security for when I ride the bus....  

An old GI style rig will do the trick nicely.   

Confucius Say-"He who need inquire if safe with one in pipe, ask loaded question!"
»

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