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  1. #1
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    Disarm or Attempt to Disarm a Law Enforcement Officer

    I had my state representative here in Massachusetts file a bill to make it a felony to disarm or attempt to disarm a law enforcement officer. The bill was filen on 1/10/07. I'm also doing some research to determine what states already have this law on the books, and also which states filed a similar bill. I would appreciate it if officers could help me out with this research by letting me know who has this law, who filed a bill & who does not have such a law. I appreciate any input from other states.

  2. #2
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    Michigan has one.

    MCL 750.479b (felony)

  3. #3
    Hell on Wheels t150vsuptpr's Avatar
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    In Virginia:
    § 18.2-57.02. Disarming a law-enforcement or correctional officer; penalty.

    Any person who knows or has reason to know a person is a law-enforcement officer as defined in § 18.2-57, a correctional officer as defined in § 53.1-1, or a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department, who is engaged in the performance of his duties as such and, with the intent to impede or prevent any such person from performing his official duties, knowingly and without the person's permission removes a chemical irritant weapon or impact weapon from the possession of the officer or deprives the officer of the use of the weapon is guilty of a Class 1 misdemeanor. However, if the weapon removed or deprived in violation of this section is the officer's firearm or stun weapon, he shall be guilty of a Class 6 felony. A violation of this section shall constitute a separate and distinct offense.
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    (720 ILCS 5/31‑1a)
    Sec. 31‑1a. Disarming a peace officer or correctional institution employee. A person who, without the consent of a peace officer or correctional institution employee as defined in subsection (b) of Section 31‑1, takes or attempts to take a weapon from a person known to him or her to be a peace officer or correctional institution employee, while the peace officer or correctional institution employee is engaged in the performance of his or her official duties or from an area within the peace officer's or correctional institution employee's immediate presence is guilty of a Class 2 felony.
    (Source: P.A. 93‑207, eff. 1‑1‑04.)

    It's "disarming" for charging whether it's an attempt or the P/O is actually disarmed.

  5. #5
    I work for peanuts. S.O.444's Avatar
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    I have an all-purpose 3" CRKT on my belt just in case someone tries to take my Glock. If the boss asks though, it's to clean my fingernails.

  6. #6
    Forum Member detsarg's Avatar
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    Massachusetts is just now getting such a law? There are states where it is not illegal to take an officers gun? OMG!!!

    Felony in Florida. Firearm or any other weapon or in any way depriving an officer the means to defend himself. Also a felony to deprive an officer of means of communication.

    "843.025 Depriving officer of means of protection or communication.--It is unlawful for any person to deprive a law enforcement officer of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or himself or summon assistance. Any person who violates this section is guilty of a felony of the third degree."
    Fear not the armed citizen but rather the government that tries to disarm him.

  7. #7
    taurus577
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    Down Under, no member of the public is permitted to carry or use a handgun, OC, cuffs etc. If any of these are taken/removed by a member of the public for whatever reason, they are possessing a prohibited weapon and will be charged with that offence (indictable offence) and also stealing (indictable offence) and hopefully get the maximum 14 year holiday.

  8. #8
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    Quote Originally Posted by detsarg
    Massachusetts is just now getting such a law? There are states where it is not illegal to take an officers gun? OMG!!!
    That's the problem there was in Michigan before 1994 (before the current law). If you attempted to take an officer's weapon it was, at most, larceny from a person (That is a felony also, though)

  9. #9
    WPM
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    Minnesota has a felony as a part of the obstructing statute: 609.50(1)(5)

  10. #10
    Combat Veteran MarineGrunt's Avatar
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    Here they don't serve sentences, they are killed with my back up weapon
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  11. #11
    Forum Member MountainCop's Avatar
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    Colorado:

    18-8-116. Disarming a peace officer.

    (1) A person commits disarming a peace officer if he knowingly, without justification and without consent, removes the firearm of a peace officer who is acting under color of his official authority.

    (2) Disarming a peace officer is a class 5 felony.

    (3) The term "peace officer" as used in this section means a peace officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such peace officer to the person.

    And you have no idea how much confusion the 'without justification and without consent' can cause.
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  12. #12
    Retired Sergeant - CHP SgtCHP's Avatar
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    California Penal Code section 148:

    Resisting, Delaying, or Obstructing Officer

    148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

    (2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.

    (b) Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment in a county jail not to exceed one year or in the state prison.

    (c) Every person who, during the commission of any offense described in subdivision (a), removes or takes a firearm from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment in the state prison.

    (d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment in a county jail not to exceed one year or in the state prison.

    In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred:

    (1) The officer's holster strap was unfastened by the defendant.

    (2) The firearm was partially removed from the officer's holster by the defendant.

    (3) The firearm safety was released by the defendant.

    (4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm.

    (5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it.

    (6) The defendant's fingerprint was found on the firearm or holster.

    (7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm.

    (8) In the course of any struggle, the officer's firearm fell and the defendant attempted to pick it up.

    (e) A person shall not be convicted of a violation of subdivision (a) in addition to a conviction of a violation of subdivision (b), (c), or (d) when the resistance, delay, or obstruction, and the removal or taking of the weapon or firearm or attempt thereof, was committed against the same public officer, peace officer, or emergency medical technician.. A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims.

    (f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act.



    (Amended Sec. 8, Ch. 853, Stats. 1999. Effective January 1, 2000.)
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  13. #13
    I work for peanuts. S.O.444's Avatar
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    Quote Originally Posted by MarineGrunt
    Here they don't serve sentences, they are killed with my back up weapon
    Does it make me a bad person because I laughed at your comment?

  14. #14
    Forum Member detsarg's Avatar
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    Quote Originally Posted by MarineGrunt
    Here they don't serve sentences, they are killed with my back up weapon
    Does it make me a bad person because I agree with it 100%?




    Love your signature lines BTW.
    Fear not the armed citizen but rather the government that tries to disarm him.

  15. #15
    Verbal Sniper Smurfette_76's Avatar
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    Quote Originally Posted by MarineGrunt
    Here they don't serve sentences, they are killed with my back up weapon

    LOL! Ooh Rah!


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  16. #16
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    Here is the text of the Bill I had filed on 1/10/07

    Proposed Bill to institute a Law which reads as follows:

    Chapter 265

    Section ???. Disarming, or Attempt to Disarm a Law Enforcement Officer.


    Whoever removes or attempts to remove a firearm, rifle, shotgun or weapon from the person of a Law Enforcement Officer, or deprives a Law Enforcement Officer the use of a firearm, rifle, shotgun or weapon, and the officer is acting within the scope of the officer’s duties, and the person has reasonable cause to know or knows that the individual is a Law Enforcement Officer, upon conviction is guilty of a felony, and shall be imprisoned in a state correctional facility for not less than _____ years, nor more than _____ years, or by a fine of not more than ____________ dollars.

    A law enforcement officer shall be defined as a police officer, corrections officer, sheriffs & sheriff’s deputies, probations officers, and parole officers.

    Whoever, after having been convicted of the crime of removing or attempting to remove a firearm, rifle, shotgun or weapon from a Law Enforcement Officer, commits a second or subsequent offense, shall be punished by imprisonment in a state correctional facility for not less than _____, nor more than _____ years.

    Said sentence shall not be reduced until two years has been served nor shall the person convicted be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served one and one half years of such sentence; provided, however, the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution.

  17. #17
    Dispatcher / Jailer
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    Felony here in CA

  18. #18
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    Disarm Law

    Do you have any similar law in SC?

    I also had a wierd coincidence when I was in Hilton Head a couple of years ago. We were having dinner in a little restaurant in Bluffton CS, and I ran into an officer in Bluffton that was an officer that I knew slightly in Grafton Mass. Small worls.

  19. #19
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    Quote Originally Posted by EJMJ69
    and the officer is acting within the scope of the officer’s duties
    I'd get rid of that, if I were you (if you still can). I Michigan, our resisting / assualting / obstructing a police officer stated "anybody who R / A / O 's a LEO performing lawful duties...". There were some issues with that, in that if an officer's action was deemed invalid by the courts, then any assault charges were also invalid because the LEO was not performing lawful duties, as the law required at the time. It allowed people to get away with assaulting LEOs.

    I dunno if the above line could lead to the same thing, but it doesn't seem necessary and has the potential for abuse. Why does a LEO need to be performing his duties? Take / attempt to take a weapon from a LEO, and you should reasonably KNOW he's a cop, should equal felony regardless of what the officer was doing.

    I mean, what if the officer is in the corner store on a break. Is that his duty?

  20. #20
    Combat Veteran MarineGrunt's Avatar
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    I would have to look up in our legislature. I don't remember there being a law in place for disarming a police officer. I would assume the solicitors would push for some type of intent to kill charge. The SCCJA teaches new officers to kill anyone who attempts to take your weapon. Pretty cut and dry!
    Marine Infantry - Taking out the trash one country at a time.

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  21. #21
    Infidel stangfather's Avatar
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    Quote Originally Posted by MarineGrunt
    I would have to look up in our legislature. I don't remember there being a law in place for disarming a police officer. I would assume the solicitors would push for some type of intent to kill charge. The SCCJA teaches new officers to kill anyone who attempts to take your weapon. Pretty cut and dry!

    thats what im talking about...

    i cant belive this isnt already illegal in some states...of course in Kali, you probably have to ask real nice first to see if they will give your stuff back before you can monkeystomp them..


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  22. #22
    Combat Veteran MarineGrunt's Avatar
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    (B) It is unlawful for a person to knowingly and wilfully assault, beat, disarm, or wound a law enforcement officer engaged in serving, executing, or attempting to serve or execute a legal writ or process or to assault, beat, disarm, or wound an officer when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than serve a mandatory minimum prison sentence of ten years, or both.
    Marine Infantry - Taking out the trash one country at a time.

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  23. #23
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    Disarm Law

    Massachusetts is too liberal of a state & that's why we currently do not have that law. Too many tree huggers here.

  24. #24
    Retired Sergeant - CHP SgtCHP's Avatar
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    Quote Originally Posted by EJMJ69
    Massachusetts is too liberal of a state & that's why we currently do not have that law. Too many tree huggers here.
    Massachusetts Law Against Public Justice - Chapter 268, Section 32B

    http://law.onecle.com/massachusetts/268/index.html

    Resisting arrest.

    Section 32B. (a) A person commits the crime of resisting arrest if he knowingly prevents or attempts to prevent a police officer, acting under color of his official authority, from effecting an arrest of the actor or another, by:

    (1) using or threatening to use physical force or violence against the police officer or another; or

    (2) using any other means which creates a substantial risk of causing bodily injury to such police officer or another.

    (b) It shall not be a defense to a prosecution under this section that the police officer was attempting to make an arrest which was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A police officer acts under the color of his official authority when, in the regular course of assigned duties, he is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him.

    (c) The term “police officer” as used in this section shall mean a police officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such police officer while attempting such arrest.

    (d) Whoever violates this section shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or a fine of not more than five hundred dollars, or both.

    Last modified: March 8, 2006
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  25. #25
    Forum Member Bing_Oh's Avatar
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    This little discussion actually made me do some research! Damn you all...I hate homework!

    Ohio has a subsection under Robbery that involves the disarming of a peace officer during the course of his/her duties. Felony-1.
    "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
    -Friedrich Nietzsche

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