Wednesday, February 27, 2008

Cop’s Gun Goes Off…

Did you read the article on page 4C of this morning’s Northwest Herald about the Gilberts PD’s cop whose gun discharged in the bathroom of a bar in St. Charles? Gilberts, you say? Where’s that? Gilberts is the wide spot in the road on Route 72, west of Randall Road.

According to the article, the gun was in a holster. The cop was off-duty, so let’s guess that he was not in uniform. Thus, he was carrying a concealed weapon, which police officers may be allowed to do.

In any event, it probably was in some type of holster, since the article says that is was. Where was the bullet hole in the holster? In the bottom of the holster, where it would be if the gun were actually fully holstered when it discharged? What type of handgun was it and in what type of holster was it? If it was an automatic [meaning the type of handgun (vs. revolver), which is actually a semi-automatic], was the hammer fully back in the cocked position (as many automatics are carried)? Was the safety on? Was there a safety strap on the holster?

Or was he sitting in a bathroom stall and toying with the pistol? He is one lucky guy, for sure, that the bullet only grazed his leg. And very lucky that no one else was in the bathroom!

Obviously, there is a lot more to this story than was reported.

Holstered weapons don’t “just” fire. Something causes them to fire.

Was it correct for the St. Charles Police not to cite the officer? Was it correct for the Kane County State’s Attorney’s office to so quickly determine that no laws were broken?

Is carrying a gun in a bar unlawful? By a police officer who is out of his jurisdiction? I mean, far out of his jurisdiction? Where he is a civilian (that’s what an off-duty police officer is – a civilian)?

Did he just stop in for a bottled water or a soft drink? Or was he consuming alcoholic beverages while armed? The St. Charles Police and Kane County State’s Attorney see nothing wrong with this?

How closely did St. Charles and Kane County law enforcement officials look into this? Were laws broken? Is it unlawful to discharge a gun in the City Limits of St. Charles? In Kane County? Is failure to exercise due care when handling a gun unlawful?

Gilberts PD Chief Joswick will conduct an internal investigation into Departmental policies. That's good. Maybe it will take a FOIA request to learn what changes in department policies result. But it doesn’t have any bearing on what happened in The Filling Station in St. Charles on Sunday evening.

The carrying of a concealed weapon by an off-duty police officer out of his jurisdiction is an interesting question. Is this really lawful? Illinois is one of two states that prohibits the carrying of concealed weapons (guns). Is there an exemption for police officers who are off-duty?

Because State law prohibits the carrying of concealed weapons, can a local police department authorize any officer to carry a concealed weapon off-duty? Or even carry an unconcealed weapon off-duty?

Laws permit “retired” police officers to carry guns off-duty, but are non-retired, off-duty officers allowed to do so? What section of Illinois law allows this? Does anyone know?

11 comments:

Anonymous said...

He you idiot. federal law allows a police officer to carry anywhere in the USA. Look it before you talk

Anonymous said...

Gus, do you still want to allow people to carry concealed weapons in Illinois? Don't you think more stuff like this would happen?

Anonymous said...

why couldn't you be in the stall next to him when it went off?

Anonymous said...

A lot of people assume that all police personnel are truthful, honorable people with no faults whatsoever. Guess what?!

Anonymous said...

Gus,

Federal law does allow any police officer sworn to carry a concealed firearm. That is a fact. I have read many comments posted here and have never posted one, however, I need to ask....wouldn't your forum be much more beneficial to others if you didn't bash or try to find fault in everything. Why so negative ?. You are very critical of law enforcement, but yet claim to be a partner with them. You bash Citys for spending tax dollars, but pay no real estate taxes yourself...you rent. Someone told me something very wise, you attract more flies with honey than vinegar. Ill pray for you Gus, you need some real help.

Anonymous said...

It would be safer if they had no bullets in the gun. I believe that is what Gus did when he was in "law enforcement". Clint Eastwood, when told by Hal Holbrooks character that he never had to pull his gun in the line of duty, responded that " a man has to know his limitations".

Gus said...

From the Illinois State Police webpages for Firearms information:
"On July 22, 2004, President George W. Bush signed H.R. 218, the “Law Enforcement Officers’ Safety Act,” into law. The Act, now Public Law 108-277, went into effect immediately. The bill exempts qualified active and retired law enforcement officers from local and state prohibitions on the carrying of concealed firearms."

Anonymous said...

Why didn't you check that first? Shocking!

Anonymous said...

"Is carrying a gun in a bar unlawful? By a police officer who is out of his jurisdiction? I mean, far out of his jurisdiction? Where he is a civilian (that’s what an off-duty police officer is – a civilian)?"

If you were up to date on Illinois Laws, you would realize that there is no such thing as a "Civilian" when it comes to Police Officers
With the exception of Chicago officer's, All armed Illinois Law Enforcement officers are required to be state certified. With that being said, their police powers come from the state and not the municipality. Therefore, a cop from Anytown,IL can enforce state statute anywhere within the state of Illinois. They just don't have the power to enforce Municiple code. But since a lot of times Municipalities adopt Illinois statutes as there own, it can be confusing to the general public.
I do not condone the acts of this officer. I am a firm believer that guns do not belong inside of a bar unless the officer is in uniform and in that case, he better have good reason to be there.

Anonymous said...

I personally know the officer who did this and if you want some info, he is actually the son of the police chief in Gilberts and probably won't even get a slap on the hand. Same last name and everything!!!

Anonymous said...

To add to the last comment he's not even a full-time employee and it's nothing new for him to be at an establishment with his gun while drinking alcohol. It's very seldom that his gun is in a holster if he is off-duty. On top of all of this he is an ex-marine with ptsd and past trouble with the law so he hasn't been able to get on any other police dept other than his dad's. Somebody really needs to do a little more investigating. I think cops are great but not when they pose a threat to society instead of prevent threats!!!