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by MasterOfNone
Mon Nov 25, 2013 12:30 am
Forum: General Texas CHL Discussion
Topic: New improper government 30.06 fight
Replies: 42
Views: 6813

Re: New improper government 30.06 fight

srothstein wrote:
Dave2 wrote:
cb1000rider wrote:Do you really expect all LEOs to know when 30.06 laws apply and when they don't?
Yep.
cb1000rider wrote:Now take into consideration the average educational requirements for an entry level LEO job... Still expect them to know?
Well, hold on, let me think about it... Yep.
cb1000rider wrote:We know it because we're passionate about it, studied it, and re-studied it.. Yet you still see questions posted, myself included.
We're not tasked with arresting people who violate the law.

Dave2,

I think you might be expecting too much. Remember that where people can carry is not like theft. Theft is something everyone is taught right or wrong on from childhood. Guns are not that way. Cops get some training in the law, but not nearly enough. I would estimate that the average officer gets 40 hours in the academy to cover the whole Penal Code and guns is not a big portion of that time. Their biannual retraining on the changes is probably only 8 hours (state only requires 4) and that covers the Penal Code, Code of Criminal Procedure, Transportation Code, Education Code, and all criminal court case rulings.

So, expecting officers to know the laws in detail is, IMO, asking too much. I find it reasonable to expect them to know the basics and to have a copy of the law with them to look up the right answer. In a case like this, I would expect an officer to know that a 30.06 sign is required but not know who it applies to or where and not necessarily know the exact wording and size requirements. I would not be too upset with an officer who stopped me for violating the law if someone complained about me ignoring the 30.06 sign if he cuffed me and put me in the car as long as he stopped and read the law before we went any further. I do require that any officer should treat me with respect and courtesy, even if he is arresting me, but that is a different subject.

I think my position is a reasonable compromise between freedom and justice and reality. It would be nice if every officer knew the law and all relevant court cases, but that is just not possible. This is not due to the low qualities of the officers, but due to what would be required (lawyers get three years of schooling and then take lots of time to research their cases so imagine what a cop would require). But it is very realistic to expect the officer to know that he is not an expert and to look up the law before going anywhere. Gould's makes a copy of all of the relevant laws for officers that will fit in their briefcase (I know this because I still have my old copies) and even makes a searchable copy that will run on any Windows based laptop installed in the car with them (again, I have my old copies).

Do you think this might be a more reasonable expectation?
I agree with Steve's expectation except the part about cuffing me while the officer determines if I have violated the code. Disarm me, and I will stand peacefully at the front bumper while he looks up the law.

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