Pulling Guns On Process Servers

[kenshirley]

I carry a gun most of the time in the open which is legal here in AZ. But to pull one on some guy just doing his job is still illegal.
This article is from our local paper.

http://www.dcourier.com/main.asp?SectionID=1&subsectionID=1&articleID=69792

[justbroke]

Nice.

[JRScott]

If we had more states and folks wearing guns openly we'd probably have a lot less crime

Also in North Carolina uniformed Sheriff Deputies serve you papers, not independent servers....

[kenshirley]

It's pretty common here. In fact until 1994 this state did not even have a law regarding carry a concealed weapon. Now you have to take a class and all to carry concealed.
The open carry provision of the law even permits us to wear a holstered gun in a car or have one in the glove box or center console.
PS, there is not a whole lot of road rage here in AZ.

[JRScott]

I think the error here in the article is the fact that they don't use uniformed deputies to begin with. An unknown stranger dressed in plain clothes will always be treated differently than an unknown officer dressed in his uniform approaching the same premises by its owner.

[kenshirley]

I don't know about your state, but out here in the west, and I have lived in many states out here, the cops don't get involved in this stuff and that includes repos.
If they get involved it's because someone is breaking the law.

[JRScott]

Not sure about repos never had a repo, but they do serve papers for when folks sue you for bad debts (like not paying credit cards). That is the sheriff's deputies serve them. Like I said its all perception really, someone especially today is more apt to think an unknown person in their yard or area is an intruder than they would think an officer coming to the door.

[kenshirley]

It's still against the law to pull a gun on someone here in AZ unless you are threatened.
Serving a piece of paper is not threatening someone.
You may not like it, but the bottom line is here in AZ if you pull a gun it's called flashing if the need was not there and you are going to be cited providing the evidence proves that cite is needed.

[justbroke]

Our process servers are from the Sheriff's office. They drive unmarked (white) police vehicles. These are "obvious" police vehicles equipped with two-way radio, spotlights, classic "Ford" Crown Victoria vehicles. They wear a different color than the standard "green" that Florida deputies wear, but they are definitely in uniform.

[JRScott]

It's still against the law to pull a gun on someone here in AZ unless you are threatened.
Serving a piece of paper is not threatening someone.
You may not like it, but the bottom line is here in AZ if you pull a gun it's called flashing if the need was not there and you are going to be cited providing the evidence proves that cite is needed.

See that's the problem I have with the article, the man was intruding on their land and home. He refused to identify himself. Thus they felt threatened, regardless of seeing a weapon or not that's how I feel and then they drew the gun (well in the shotgun instance referred to).

But yeah here in NC it is done by uniformed officers.

[kenshirley]

Here in AZ if you carry concealed or in the open it's your responsibility to know the law.
I know that if I pull mine I had better have a good reason.
The good news here is that we can stand our ground. We are not required to retreat from a deadly threat like many states require.
We can just shoot you and be justified in doing so.

[walkthaplank]

What an idiot. Your fight isn't with the process server. When I was served, the guy politely handed me the papers and I thanked him. I was in fact armed at the time, I have a CCW (yes we have those in California if you live in the right county), it wouldn't even cross my mind to do something like that.

BTW Kenshirley, California has no duty to retreat either. If you are in fear for your safety or those around you, you most certainly my use deadly force.

[kenshirley]

I had a CCW in CA and was born and raised there.
Back then, the local jurisdiction had authority to take your permit away without reason. They took both my father's and I's permit away.
We carried anyway. Prove it.

[Overmylimit]

I too live in Ca and have a CCW and I have been served at my home before, no big deal but when I read this article...if the guy didn't announce who he was and he was rattling my gate and shouting he had better clear out and fast...

[BigJohn]

I live in Arizona. Our property is fenced in with no tresspassing signs. If an unknown person gets into our yard without permission, and I go to the door, you can guarantee I have a gun. We have had way too many home invasions.

A while back, one young woman came to our house about 11:00 at night.. She didn't know who she was looking for. I kept asking her "Who are you looking for?"
Still could not answer.
I stayed inside the house but I had my automatic in my hand.
If I stepped outside, she might have had one of her burgularizing friends standing on the other side of the door to knock me out. Who knows.
If you call the cops, they show up after the perps leave and generally try doing an illegal search of your home, so no use calling them.