boom boom said;
" But whether it is a good idea or not should not be based on the erroneous idea that those carrying permits are by nature irresponsible individuals as a general rule.
Show me where I said that please? My point that I made 10 years ago, and the point that is being proven now, is that as concealed carry gains in popularity the number of people who maybe shouldn't be carrying a gun is going to grow. There will be incidents like the one I referenced and it will have a backlash against the movement.
LE can't screen out everyone who shouldn't have a badge, I don't know why we continue to struggle with the idea that all people with a concealed carry permit are God's chosen ones and better more upstanding citizens then the general public. It wasn't true 10 years ago and it's not true now. CCW permit holders come from the general population, just like LEOs, fireman, doctors, lawyers, day care workers, teachers etc. And because of that, they are subject to the same human failings that the population at large is subject to. There are no general rules. There are just human beings. And just like I accept the fact that there are bad cops, the concealed carry community is going to have to accept the fact that there are people who are immature, and subject to using very poor judgement with permits.
There is a reason that anecdotes are the lowest sort of evidence in empirical research. Individual anecdotes are certainly not generalizable in a meaningful way unless you have a lot of instances to apply to whole populations such as the average concealed carry permit holder or to the average LEO. Some people will behave at times irresponsibly with a firearm, a car, their fists, drugs, alcohol, etc. regardless of their title, job, social status, etc. For that reason, we have a court system to hold these people criminally and civilly responsible to the laws of the state. Will mistakes and malicious actions happen, yes--no system yet devised by people is perfect. Bad actions can happen with permit holders and can happen with LEO's. It can and has happened even with the FBI and as we've seen the Secret Service shenanigans. Does that mean disarming all of them is better--probably not.
Again, where did I suggest that
anyone disarmed? I am simply pointing out that creating another class that we give privileges to above and beyond what we give everyone else is a stupid idea.
Furthermore, police officers are given qualified immunity from individual liability while a super permit holder would have no such immunity (or at least Larry did not suggest it). Larry suggested in his post that few would even be interested in going through all of what he proposed to carry such a permit, even less because it would be on your dime and the legal consequences would be all yours. Thus, knuckleheads would be weeded out for the most part by such issues.
It doesn't weed out knuckleheads in LE. I don't know why you think it would weed out knuckleheads in the general public.
Larry noted that a few pilots, flight engineers, etc. have chosen to carry despite all of the obstacles placed in their path by a reluctant bureaucracy and knowing that any failure on their part could cost them a very well paid job and face potential legal entanglements such as the United pilot who flushed his ammo after he realized he was in a jurisdiction where he faced legal issues with his authorized handgun. Not sure what happened to him.
Which is exactly why such a program would be a failure. The thoughtful kind of people who you would want in such a program would not bother with it. I stated as much in my post when I suggested that such a program would invite endless regulation.
From what we have learned from the armed pilot program, I would not fear such a permit system and individuals receiving one running amuck.
I'm not saying that super permit holders would run amuck. I'm saying that every time there was an incident it would be cause for a push for greater regulation. The best system would be constitutional carry. The criminals who you don't want to carry are going to carry anyway, what do they care?
As long as we have a system that requires government permission to carry an effective means of self defense, we are going to be in danger of it being tightened down because of anecdotal incidents.
X-Rap said;
What has changed in the US is the obscene amount of liability that has been forced on the public in the last 50-60 yrs.
In past times citizens volunteers were enlisted to patrol beaches, borders and things such as dams pipeline S etc. as well as serve on Sheriffs posse's at times when the standard forces manpower was overwhelmed.
The laws are still on the books to permit this. Here is the law in Illinois:
http://www.ilga.gov/legislation/ilc...ChapterID=54&SeqStart=8500000&SeqEnd=10200000
(725 ILCS 5/107-8) (from Ch. 38, par. 107-8)
Sec. 107-8. Assisting peace officer). (a) A peace officer making a lawful arrest may command the aid of persons over the age of 18.
(b) A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer.
(c) A person commanded to aid a peace officer shall not be civilly liable for any reasonable conduct in aid of the officer.
(Source: P.A. 80-360.)
(c) even extends qualified immunity to the individual. This even extends to use of force.
http://www.ilga.gov/legislation/ilc...&ChapterID=53&SeqStart=8300000&SeqEnd=9800000
(720 ILCS 5/7-6) (from Ch. 38, par. 7-6)
Sec. 7-6. Private person's use of force in making arrest.
(a) A private person who makes, or assists another private person in making a lawful arrest is justified in the use of any force which he would be justified in using if he were summoned or directed by a peace officer to make such arrest, except that he is justified in the use of force likely to cause death or great bodily harm only when he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or another.
(b) A private person who is summoned or directed by a peace officer to assist in making an arrest which is unlawful, is justified in the use of any force which he would be justified in using if the arrest were lawful, unless he knows that the arrest is unlawful.
(Source: Laws 1961, p. 1983.)
(b) protects a private person if they use force assisting an officer and the arrest turns out to be unlawful.
And it's even against the law to refuse to assist a peace officer if requested.
http://www.ilga.gov/legislation/ilc...hapterID=53&SeqStart=79600000&SeqEnd=86000000
(720 ILCS 5/31-8) (from Ch. 38, par. 31-8)
Sec. 31-8. Refusing to aid an officer.
Whoever upon command refuses or knowingly fails reasonably to aid a person known by him to be a peace officer in:
(a) Apprehending a person whom the officer is authorized to apprehend; or
(b) Preventing the commission by another of any offense, commits a petty offense.
(Source: P.A. 77-2638.)
It's not liability towards the private citizens that keep this from happening. It's liability to the agencies who would request a private citizen to aid them. Sheriffs and police chiefs are reluctant to put private citizens in these roles any longer because they don't want to lose their jobs or see their agency pay out a huge settlement should a private citizen make a mistake. There have been plenty of court decisions that came down against an agency because they didn't train at all or their training was inadequate.
In today's world this is some sort of "Walter Mitty" syndrome but to many it's as basic as the Minute Man or Fire Brigades of yesteryear.
Unfortunately it is. Barring legislation giving agencies civil immunity from the actions of volunteer citizens during a declared emergency you will not see armed private citizens working in an official capacity very often. Those days are long gone.
. I'd point out that transmission towers were just bombed in Eastern Europe, give our vulnerability to such attacks here, how can we afford to pay LEO to patrol and protect all such installations?
They will leave them unprotected before they will allow untrained citizens the authority to patrol them. Or they will call up the Guard.