nstassel
NES Member
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.
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.