Glock Talk - View Single Post - Man with gun in Walmart arrested for refusing to show permit

brboyer · 11-09-2012, 15:56

I was not there so do not know the whole story, but I have to question the legality for demand of the license/permit.

There is quite a bit of case law on this subject, but LEO that work 'security' gigs are operating under the authority of the property owner, not the government, until such time as he/she has RS of a crime being committed.

Just because he was a LEO in uniform, does not necessarily mean that he was in the lawful performance of his duties at the time he requested/demanded the license/permit, nor does it mean that the encounter was a lawful detention/seizure of his person under the 4th Amendment.

Not sure how IOWA case law stands on open carry as RS of a crime.

11-09-2012, 15:56	#38
brboyer Senior Member Join Date: Jun 2006 Location: Tampa Bay Florida Posts: 1,358	I was not there so do not know the whole story, but I have to question the legality for demand of the license/permit. There is quite a bit of case law on this subject, but LEO that work 'security' gigs are operating under the authority of the property owner, not the government, until such time as he/she has RS of a crime being committed. Just because he was a LEO in uniform, does not necessarily mean that he was in the lawful performance of his duties at the time he requested/demanded the license/permit, nor does it mean that the encounter was a lawful detention/seizure of his person under the 4th Amendment. Not sure how IOWA case law stands on open carry as RS of a crime. Last edited by brboyer; 11-09-2012 at 20:59.. Reason: typo