Kind of interesting LTC decision

nstassel

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This client drew a handgun on a trespasser after calling the police. The police charged him with misdemeanor assault but the clerk didn't issue the complaint so we appealed the LTC suspension. A judge ordered the LTC returned. At the hearing I asked the chief about the four fundamental rules of safe gun handling but he wasn't familiar with them. He then admitted that the client didn't violate any of them. He also had to admit that his officers are trained to draw their gun if they encounter a potentially dangerous situation and admit that he didn't think his officers have a greater right of self defense than any other citizen. The ADA in the courtroom snickered at that one.

Note that the judge ignored recent case law that the town has the burden of proving that the ltc holder may pose a risk to public safety and totally ignored the claim that suitability is not constitutional. But a win is a win. I doubt the chief will appeal this.
 

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It is a little off topic, but I will still mention here that the NRA uses three rules of gun safety. And anyone who has had NRA training will have been trained on three rules.

If someone asks me about four rules, I assume they mean Jeff Cooper's four rules, and sometimes they want or need my mini-lecture on the three rules vs the four rules.

If I was asked about the four rules in a formal situation, I would suspect it was a trick question about the different rules used by different organizations. And I have also recently learned that the Marine Corps uses a slightly different four rules.

I personally prefer the NRA three rules, and that is not just because I am certified as an NRA instructor. I find that Colonel Cooper's first rule to "treat every firearm as if it were loaded" leads to questions and confusion without offering specifics about handling. I like the fact the each NRA rule gives a specific instruction. And I like that the NRA rules are considered incorrectly written if you don't include the word "always" in each one.

And back on topic, I am glad to hear about your success in the original post. Your contributions in this forum, and in the real world, are always appreciated.
 
At the hearing I asked the chief about the four fundamental rules of safe gun handling but he wasn't familiar with them. He then admitted that the client didn't violate any of them. He also had to admit that his officers are trained to draw their gun if they encounter a potentially dangerous situation and admit that he didn't think his officers have a greater right of self defense than any other citizen.
"We don't know any fundamental rules about gun safety, but we have the authority to deem you suitable or not to own guns"
 
Nice work.

This case is yet another example of police behavior at which Matt Groening poked fun and has been repeated often enough to become a meme.

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