Another double standard between LE and mere civilians

[Teethy]

I'm not seeing this as a double standard, as he is using it as a tool and shit happens on the job.

What would happen though of a civvy looses control of his/her SBR? Kinda interested to know since I have one.

Depending how you have ownership of the SBR registered it could very well be a federal offense. If you personally own the SBR then you are expected to know where that weapon is at and can't just give it to your buddy to take to the range. If buddy wants to shoot it you have to be physically present during the range session. If you have the ownership of the SBR inside a NFA gun trust and you add your buddy as a member of the trust he can take the weapon to the range solo.

There are definitely unique handing considerations when possessing/storing/transferring/transporting NFA items. With all that being said I still have no idea what double standard we are looking for.

 

[Lt. ZO6]

Just curious, but how is that not the issue being discussed here? He did not properly store his firearm where it needed to be, which was in the trunk of his police car, not on the trunk of his police car. I don't see your argument. He 100% improperly stored his firearm.

Storage of a firearm is legally definable in the states that have such laws (by the way, as far as I know, your state does not have such a statute). It usually is restricted to places of residences and businesses. It does not cover the negligent loss of a firearm.

 

[Blackness03]

Someone just got a new gun for the cost of a new lower

 

[Yellazxr]

Someone just got a new gun for the cost of a new lower

It's still an SBR so even after swapping the lower it would still be illegal because they wouldn't have the tax stamp for it

 

[Junior00]

Feel free to discuss...

I understand there are laws in regards to the improper storage of firearms. That is not the issue being discussed here.

You can't be serious? The "loss" came from direct failure to properly store the weapon. Had the weapon been stored, it wouldn't have been able to fall off the vehicle in the first place. It is the issue, the entire issue, and blindly claiming it as otherwise doesn't change that fact.

Please cite the statute which the person would be charged with? A prosecuting attorney cannot just arbitrarily charge an individual without a statutory violation.

I'm not going to look up every statute, but I know off the top of my head that they are on the books for MA, NH & CA. Just to satisfy you though, this is directly from case law in MA pertaining to this very subject, and when a firearm is or is not considered stored properly (i.e. by definition locked away and sufficient enough to deter persons from gaining access).

The weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.G.L.c.140,§ 131L(a). “Carried” requires actual physical possession of the firearm, and “under the control” requires that a person be sufficiently nearby the firearm to prevent immediately its unauthorized use.

I would imagine that most statutes are worded pretty closely using common reasoning.

Show where the officer in question received less or worse punishment that a non-LEO would have received...

Unless I missed something in the article, I believe it is either yet to be determined or not disclosed as to his punishment.

I am fairly certain the vast majority of law enforcement officers can make the same claim as well.

I should hope so, it is part of their duties, not taking into account should common sense on the part of each and every firearm owner.

 

[Junior00]

It's still an SBR so even after swapping the lower it would still be illegal because they wouldn't have the tax stamp for it

All one needs is a lower with a pistol buffer tube, then it no longer fits within BAFTE constraints. The upper is not classified as the weapon and hence does not receive a serial so it could easily be used on another lower and they would not be the wiser.

 

[Machdup1]

It's still an SBR so even after swapping the lower it would still be illegal because they wouldn't have the tax stamp for it

Yep. The barrel doesn't magically grow just because you plant it in the fertile soil of a new lower.

 

[Steve@TF]

Police departments have become too civilized. They need to take the military approach to these sorts of things when someone doesn't keep their firearms within one arms distance when they aren't locked away. Don't write them up, just make them pay. It would be awesome to walk down the street and see a cop on the ground doing pushups with his rifle laid across his hands and senior officers counting them out for him. I'd have a lot of respect for that actually.

except the military doesnt have a union that fiercely backs you up no matter what you do.
can you imagine that?? no way staff sgt. im not doing pt again for this crap. talk to my union rep. im outta here! lol

I don't see the double standard, but this has happened before:

Seattle police 'embarrassed' by rifle left unattended on cruiser

thats from that new cable tv show "bait gun"

Regardless if this is criminal or not... As a Former Marine I can't even imagine the amount of shit you'd be in for something like this.... I wouldn't want to find out either. Misplacing your weapon is like... Wow... Forget it. Moving on.

imagine a marine leaving his rifle on the back of a humvee while traveling through a US city and it falls off and disappears

 

[Steve@TF]

and i whole heartedly agree that unless the officer in question is the chief's son in law he will be facing a mound of shit for it. imagine if that rifle was then used to kill a cop(s) or child(ren)?

 

[svtfocus2cobra]

except the military doesnt have a union that fiercely backs you up no matter what you do.
can you imagine that?? no way staff sgt. im not doing pt again for this crap. talk to my union rep. im outta here! lol



thats from that new cable tv show "bait gun"



imagine a marine leaving his rifle on the back of a humvee while traveling through a US city and it falls off and disappears

That's exactly the problem. They have their daddy (the union) in place to run to when they get their feelings hurt. Sadly, the military is going the same route of pussification.

 

[musclefan21]

Serious question: If a LEO fails to report the loss of a firearm within the same 7 days, can they be charged under the same law?

While i dont know that states laws, i would say Absolutely! Actually if we are talking about double standards, a LEO would probably lose his job on top of that.

 

[Grabber]

Hypothetical question.

A LEO misplaces his weapon and a civilian finds it same day and uses it in a crime and commits murder/attempted murder. What happens to the LEO?

A Civilian misplaces his weapon and another civilian finds it and uses it to commit a crime. What happens to the civilian?

This answer will determine my next post.

 

[musclefan21]

Hypothetical question.

A LEO misplaces his weapon and a civilian finds it same day and uses it in a crime and commits murder/attempted murder. What happens to the LEO?

A Civilian misplaces his weapon and another civilian finds it and uses it to commit a crime. What happens to the civilian?

This answer will determine my next post.

Criminally, nothing if he followed the procedure and reported to his supervisors.

Now he will probably lose his job and get civilly sued big time.

The same answer for the civilian. Minus the civilian wouldn't lose his job as it wouldn't be related.

 

[OhIIICobra]

A legally owned gun being lost or misplaced, no matter who it is by, civilian, leo or military, should be a huge deal. I would say the consequences for an leo for losing a gun like that should, at the very least, be a suspension without pay. Mistakes happen, but with weapons like that? Its not a circular saw. I am all for gun rights, but seriously, what if some kid had found that bag or worse some thug with a vendetta against his high school?

A good kid shouldn't be poking around suspicious packages in the middle of streets or messing around with property that isn't theirs in the first place. A thug is already gonna be a thug regardless.

 

[NlGHTMARE]

What am I missing? I don't see the double standard.

On a related note, free rifle. Here's your lower back....I have no idea what happened to the rest of the rifle.

LMAO. Even better, return the STRIPPED lower to them, with no LPK installed. Even the detent pins removed

 

[Steve@TF]

F that! It turn it at one of those gun buy back drives and get me a $50 gift card to Best Buy!

 

[GT Premi]

What am I missing? I don't see the double standard.

On a related note, free rifle. Here's your lower back....I have no idea what happened to the rest of the rifle.

LOL! And I'm not seeing the double standard in the OP, either. :shrug:

 

[Tezz500]

While there are corrupt unions out there, the Unions job is to make sure each employee is treated and disciplined the same across the bored. It's not to coddle. This threads about some dipshit cop leaving a loaded Rifle on the trunk lid of his cruiser. It's GROSS NEGLIGENCE.

I know what would happen to me at my job if I violated safety standards to this degree. They Terminate you.

 

[zak88lx]

thats from that new cable tv show "bait gun"

Lol, I would watch it.

 

[PistolWhip]

I love how the OP calls this a double standard before he bothers to do any research that backs up his claim of it being so... And then no one even bothers to mention that point... I mean seriously, 3 pages and not one single example of a citizen of any state in this country being charged simply for losing a firearm that he prior to, legally owned. 50 states and thousands of laws on the books between them and not one of you could come up with one single example of a person being criminally charged with honestly losing a gun...

The troll that started this thread basically said he's too lazy or stupid (or both) to research his point, but since he don't like cops he's gonna go ahead and say that this has to be a double standard because it just has to be. Not because of facts or even bullshit stories, just because he thinks so... You could have easily given yourself at least an ounce of credibility by doing a half assed attempt of researching your complaint, but you couldn't even do that.

Even in the communist republic of NJ, a civilian would not be charged for losing a firearm as long as they reported it within 36 hours of the discovery of its loss. Even if they don't report it within 36 hours of it's loss and are found guilty of such neglected reporting, it is not a criminal offense, it's a "civil penalty" of $500-$1000. Even in this shitty, freedom hating state, there is no criminal charge for losing a firearm that you legally own. NJSA 2C:58-19 if you care for the statute.

Being a police supervisor, SWAT team leader and firearms (of all types) instructor and armorer AND Union executive board member; I can promise you that in almost all cases, the cop will face far more punishment in this case than the civilian would. Loss of pay, loss of assignments, loss of rank or future rank even loss of career... It's all possible and depending on circumstances highly likely. Some of you don't want to hear that though, some of you just want to believe so bad that it's a big giant conspiracy; light up the steak and break out the pitch-forks because hell, it sounds reasonable that 500k+ Americans across the country (that probably for the most part, are very much like you) that happen to be law enforcement officers are all in a giant conspiracy against you and your rights... Stupidity is systemic and I wish in both cases; the cop that lost his rifle and the asshats that want his blood for it, that stupid was also extremely painful.

However all that being said, I agree that LEO's should be held to higher standard when it comes to handling of firearms, but I don't say that just because I hate cops. I say that because I understand that we are afforded immense levels of power and responsibility by the communities that we serve. We are provided with the tools that we need to do our jobs efficiently and we are trained in their uses; all on the dime of that same community that expects us act professionally and appropriately. We should certainly be held accountable when we fail to maintain the equipment that our communities pay for. Double standard, maybe, but certainly not at all what the OP was insinuating and certainly not at any level of LEO's benefit.

Take notes jr, that's how you make a point without sounding like a lazy, obtuse bigot with zero credibility.