Explore The NRA Universe Of Websites

APPEARS IN News

Police Using Data Concerning Lawful Gun Ownership to Ratchet Up Scrutiny, Escalate Tactics

Friday, February 7, 2014

In recent years much progress has been made in protecting the privacy of gun owners by restricting access to gun licensing and right-to-carry permit data, with a majority of states now limiting the availability of this information to law enforcement officers for official use. Unfortunately, two recent incidents have highlighted how government data indicating firearm ownership can be used by law enforcement officials as justification to escalate encounters with gun owners.

The latest episode took place February 4th in Des Moines, Iowa, during the execution of a search warrant by the police department of Ankeny, Iowa, on the residence of concealed carry permit holder Justin Ross and his mother Sally Prince. The search warrant was for electronics and clothes police allege are connected to a case of credit card fraud.

Around 10:20 a.m., a group of at least eight Ankeny officers clad in SWAT gear, with weapons drawn, arrived at the home, delivered a cursory knock on the door, and then used a battering ram to break into the house.  The occupants, fearful that the commotion indicated a violent burglary, hid inside the home. Surveillance cameras inside and outside the house captured a portion of the raid, before they were dismantled by the search team.

As the police were moving through the house, Ross was in a bathroom armed with a pistol, with which he was prepared to defend himself from the apparent burglars. Following an officer's unsuccessful attempt to kick in the bathroom door, Ross heard someone say "police" outside the bathroom, at which point he holstered the firearm. Following the raid, Ross told a local news outlet that had the officer succeeded in breaching the bathroom door on his first attempt, "I would have been standing there with my weapon drawn pointed at the doorway and they probably would have shot me."

Former Des Moines Police Chief William Moulder categorized the Ankeny Police department's actions as unusual, telling the Des Moines Register that "credit card cases typically involve a detective or two knocking on the door." Why then did the police use such forceful tactics? Ankeny police Capt. Makai Echer justified the department's decision by citing the officers' knowledge of Justin Ross's concealed carry permit.

As a result of the raid, police did arrest two of the home's occupants on charges unrelated to the initial search warrant, and discovered electronics, drugs and drug paraphernalia that could lead to further charges. So far Ross has not been charged with any crime.

We want to be absolutely clear that NRA is not defending the behavior of anyone in this household with respect to any underlying criminal activity. But it is equally important to defend the principle that information indicating lawful gun ownership should not be used as justification dangerously to escalate police officers' encounters with citizens, certainly not those initiated in response to suspicions of nonviolent conduct.

The Ankeny incident comes less than a month after a report surfaced of Florida concealed carry licensee John Filippidis's experience with the Maryland Transportation Authority Police (MTAP).  While that account was based only on Filippidis's statements and did not explain how the officer involved learned of Filippis's Florida concealed carry license, the fact that Filippis is a concealed carry licensee reportedly led to a lengthy roadside detention and a prolonged, intrusive vehicle search during an otherwise routine traffic stop.

The use by police of government records of lawful gun ownership to increase scrutiny, force, or aggression effectively punishes the exercise of a constitutional right, creates suspicion between gun owners and law enforcement officers, and can potentially lead to explosive and tragic consequences.  Moreover, it ignores the facts that gun ownership is common in the United States and those who obtain or carry firearms for criminal purposes rarely do so through ordinary legal channels. 

The United States Supreme Court, in the 1994 case of Staples v. United States, rejected the premise that those who possess firearms should expect to be treated like criminals. The government had argued in the case that all firearms are tantamount to narcotics and hand grenades and that anybody who possessed one therefore did so at his or her legal peril, whether or not the person had any knowledge he or she was doing anything wrong.  The Court flatly disagreed: 

Here, the Government essentially suggests that we should [apply] the … assumption that "one would hardly be surprised to learn that owning a gun is not an innocent act." That proposition is simply not supported by common experience. Guns in general are not "deleterious devices or products or obnoxious waste materials," … that put their owners on notice that they stand "in responsible relation to a public danger." …

… "[T]hat an item is "dangerous," in some general sense, does not necessarily suggest, as the Government seems to assume, that it is not also entirely innocent. Even dangerous items can, in some cases, be so commonplace and generally available that we would not consider them to alert individuals to the likelihood of strict regulation. As suggested above, despite their potential for harm, guns generally can be owned in perfect innocence.

The Court also states that "common experience" establishes "that owning a gun is usually licit and blameless conduct."

The Court may take up this issue again in the case of Quinn v. Texas, which is pending on a petition that asks the Court to consider whether police can assume occupants of a residence are dangerous, and dispense with the usual requirement to knock and announce their presence when serving a warrant, based on someone in the home lawfully owning a gun.

In the meantime, the questions raised by these cases provide reason for caution on the part of gun owners as calls increase for both the registration of firearms and for measures, like "universal" background checks, that create the information and records from which registries could later be compiled.

TRENDING NOW
Illinois: Senate Passes Legislation that will Close Gun Stores

Thursday, April 27, 2017

Illinois: Senate Passes Legislation that will Close Gun Stores

Today, the Illinois Senate passed an amended version of Senate Bill 1657 by a 30-21 vote.  As amended, SB 1657 would exempt big box stores from its restrictions.

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

News  

Gun Laws  

Tuesday, April 25, 2017

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

News broke this week that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has reconsidered and “clarified” its Jan. 6, 2015 Open Letter on the use of stabilizing braces as shoulder stocks.

West Virginia: Governor Signs Pro-Gun Bills into Law

Thursday, April 27, 2017

West Virginia: Governor Signs Pro-Gun Bills into Law

Late yesterday, Governor Jim Justice signed two important pro-gun bills into law.

News  

Monday, April 24, 2017

Lawsuit Filed Against California's Assault Weapons Control Act

The National Rifle Association Institute for Legislative Action (NRA-ILA) today announced it is supporting, along with the California Rifle and Pistol Association (CRPA), an important Second Amendment lawsuit challenging California’s newly expanded Assault Weapons Control ...

Illinois: Anti-Gun Legislators are Attempting to Sneak their Agenda into Unrelated Legislation

Tuesday, April 25, 2017

Illinois: Anti-Gun Legislators are Attempting to Sneak their Agenda into Unrelated Legislation

Yesterday, Illinois Senate President John Cullerton proposed Senate Amendment 1 to his shell bill, Senate Bill 233.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

News  

Second Amendment  

Friday, April 21, 2017

“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

Public education’s long-running “zero tolerance” war against anything that suggests the idea of a firearm (including, for example, clothing, gestures, toys, food, computer images, and favorable opinions of self-defense) has claimed another victim. This time ...

Oregon: Anti-Gun Bill Headed to Senate Floor for Vote

Thursday, April 27, 2017

Oregon: Anti-Gun Bill Headed to Senate Floor for Vote

On Monday, May 1, Senate Bill 719 is scheduled for a Senate floor vote.  Based on a California law enacted in 2014, SB 719A would create a so-called “Extreme Risk Protection Order” (ERPO) that could ...

Illinois: Committees to Hear Anti-Gun Bills Tomorrow

Monday, March 13, 2017

Illinois: Committees to Hear Anti-Gun Bills Tomorrow

Tomorrow, the Senate Judiciary Committee is scheduled to hear Senate Bill 1291 and SB 1657.  Additionally, the House Judiciary Committee will hear the crossfile of SB 1291, HB 2354.  Please contact members of the Senate and House Judiciary Committees and ...

For 2017, A Historic NRA-ILA Leadership Forum

News  

Second Amendment  

Friday, April 21, 2017

For 2017, A Historic NRA-ILA Leadership Forum

For the past decade, NRA-ILA has sponsored leadership forums that have allowed our members to hear directly from national leaders.  Next Friday, that tradition continues and the line up of speakers is top notch.

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.