Titled: Chief’s Counsel: Responding to Gun Possession Reports
A well written and thought out opinion from the General Counsel of Massachusetts Chiefs of Police Association on how cops should handle reports of gun possession:
Enforcement Guidelines
Where a police officer receives a report that a person is in possession of a firearm, but the weapon is not visible to the officer, the following options are available:
- Engage in a voluntary contact and simply ask the person if he or she has a firearm.
- If he or she confirms he or she is in possession of a gun, the officer may ask the person to voluntarily hand it over just while the interview takes place, or insist that they hand it over if there is a reasonable belief that the safety of the officer or public is in jeopardy, or that the person has used it in a crime or is about to do so.
- If the person denies having a firearm or refuses to answer, and the officer does not otherwise have (legally sufficient) reasonable suspicion of criminal activity, the officer must allow the person to continue on his or her way.
- If the person denies having a firearm or refuses to answer, but the officer has a reasonable suspicion that the person is armed and presents a danger to the officer or public, the officer may conduct a stop and frisk the person. If the officer finds a weapon, the officer may hold it while conducting the field inquiry. As long as the person is properly licensed, and no arrest takes place, the officer must return the gun at the conclusion of the interview.
- If the officer has a warrant or has probable cause to arrest the person for a crime, the officer may conduct a thorough search (not merely a frisk) and take possession of any weapon.
- Where the person appears to be a minor and therefore too young to have firearm (in most states), the police may have reason to believe that a crime is being committed (unlawful carrying of a firearm) and may therefore conduct a stop rather than a mere encounter.
There is more, and it is well worth the read, if only to suggest that not all Massachussettes residents are crazy.
Hat-tip to SayUncle