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Calif. Cop Takes Heat for Anti-Open Carry Gun Comments on Facebook
A California police officer could be in trouble for comments he made in a Facebook forum about shooting people who openly carry guns.
East Palo Alto detective Rod Tuason apparently made the remarks in response to a friend's status update, which joked that gun advocates who carry unloaded weapons in plain view as a political statement should start doing so in places such as Oakland, Richmond and East Palo Alto "and not limit themselves to hoity toity cities."
Tuason replied, referring to a man who walked into a store with a gun on his hip:
"Haha, we had one guy last week try to do it! He got proned out and reminded where he was at and that turds will jack him for his gun in a heartbeat!"
"Proned out" means to be laid out on the ground by police.
After several more comments in the thread, Tuason joked that officers should shoot the advocates, who have made recent headlines throughout the San Francisco Bay Area for sipping coffee at cafes and performing other everyday acts with visible weapons.
"Sounds like you had someone practicing their 2nd amendment rights last night! Should've pulled the AR out and prone them all out! And if one of them makes a furtive movement ... 2 weeks off!!!"
Gun-rights activists saw Tuason's comments, and were not amused. Blogger and lawyer Kevin Thomason posted a screen grab of the thread, and wrote:
"East Palo Alto, CA Detective Roderick Tuason didn't realize that actual PRO-GUN people also read Facebook. Amazingly, he posted the following comment about law abiding gun owners on a friend's page. Basically, he's saying 'prone them out' (on the ground), and if anyone moves, kill them."
So far Tuason has not been disciplined. But East Palo Alto police Capt. Carl Estelle said the department's professional standards division is looking into the Facebook remarks to see if they violate any rules or policies.
"We have to be careful because they're on his own personal private Web page," Estelle said. "We have to be careful not to violate his First Amendment rights."
California Penal Code bars carrying concealed weapons without a county-issued license, but says it isn't a crime to openly display a firearm in a belt holster. However, it remains illegal for the gun to be loaded in most cases.
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If Tuason is kept on the force...
ANY FORCE, the "good officers" can thank Tuason for the next Maurice Clemmons who slaughters innocent officers in " self-defense " after "being threatened" by Tuason.
Supreme Irony
It is supremely ironic that this dog Tuason will likely depend on the 1st Amendment to protect him from his public and open attack on the 2nd Amendment. First some clarity because so many lawyers on this thread seem to not know anything about law . Facebook is not a "private web site". It is a social networking website , and Tuason's comments are equal to him making the same threats at a public party. He is also sworn to uphold the constitution , and his public comments not only violate his oath, but show that he personally has no intention of keeping his oath. But... all that aside, Dog Tuason's life (as he knows it) and his career is over, no matter what this imbecile Chief of Police thinks. The Internet has a long and very careful memory. There is no way (nor should there be) to erase the stain of ignorance that Dog Tuason has displayed. It will follow him for the rest of his life, however long that is. And if you think freedom lovers have a short memory, then take this little test. Get on your newfangled computer which harnesses the power of the entire World Wide Web and multiple databases all over the world and try to find the location of one Lon Horiuchi (the murdering sniper at Ruby Ridge and Waco). Try to find the guy so you can come up to him and shake his hand . He'll be harder to find then Osama Bin Ladin. Tuason will likely also have to change his name and try to get a job at McDonalds, hoping for the rest of his life he never has to defend himself and go to court - because he will have ZERO chance of ever winning anything in any court.
Some mistakes you only get to make once.
Good riddance, Dog Tuason
Only Police Officers Should Have Guns
Mr. Tuason is a shining example of why only law enforcement should be armed. His perspective is one I can get behind. Civilians are cattle. The police departments are superior to the people.
Or he is the prime reminder of why we can't trust everyone with a badge.
This is no JOKE!
This cop can't be trusted with the rights of citizens, much less their lives. He should be swiftly disciplined.
Why is it that other civilized states allow open carry of firearms without them ending up at the bottom of a "pig pile" for exercising a protected right?
Can a state unilaterally decide to not recognize other protected rights, like, the First and Fifth amendments?
In the 1950's racist democrats used to place "No Negros" signs in their businesses and say that it is for the protection of their customers. It looks like history is repeating itself.
Get a grip California!
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Two things from a fellow 2nd Amendment advocate.
1) That cop has the 1st amendment right do act like a douchenozzle on Facebook. However, if he does act as he suggested and kills someone for carrying legally, he'll likely have a lot of explaining to do in light of his provable disposition towards citizens who assert their right to arm themselves.
2) The 2nd Amendment does not apply to the states...Yet.
Keep you eye on McDonald v. City of Chicago in the SCOTUS. It looks like they are considering incorporating the 2nd Amendment which will force the states to abide by the 2nd.
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Not a first amendment issue
This isn't a first amendment issue any more than a direct death threat is. Make a death threat against POTUS, or heck, even the police , and see how quickly a first amendment argument gets laughed at. Furthermore, I'll maintain that anyone who made a threat to 'pull the AR out and prone a bunch of cops out! And if one of them makes a furtive movement ... 2 weeks off!!!' isn't going to be met with the same "nothing to see here, citizen, move along," attitude that the East Palo Alto police is showing.
In theory, yeah. 1st amendment, imo.
However, as you adeptly point out, /in practice/ this is not covered under the right to speak freely. I see your point now that the parties are reversed. No, the EPAPD would harbor little sense of humor if it were Joe Sixpack making the comment about them.
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The First Amendment
Does not guarantee a right to threaten anyone. If someone says they're going to kill me, I should have the situational awareness to discern whether or not they are talking out their ass or making an actual threat .
It's touchy, because the threats themselves are not towards specific gun-owners as no identities are given. However, he clearly points out that law enforcement is protected to a degree - that there's a potential for him to get away with it. Hmm. Doesn't sound like a dude I'd want looking out for my neighborhood.
I guess... let's not confuse good police officers with this douchebag. I'd like to know which folks he was talking to. Perhaps the department should be scrutinized?
I was thinking along the same lines.
He never spoke about a specific person, so it is more of a case of bloviating than an actual threat . In this case, he does have the right to speak freely, imo. This would be different if he mentioned a name or other identifier that led the average person to think he was talking about a specific person.
Flipping it back around, I can say that I'd likely try to kill any person who tries to kidnap my son . This is not a terrorist threat, or assault . It is me bloviating.
Your comment about the inequity of the average LEO vs the average citizen is not lost on me. I agree that there is a definite double-standard.
This cop did not do himself or his dept. any favors. Every shoot will /hopefully/ be investigated a little closer than normal as a result of his spouting off in such a nonchalant manner about killing a person.
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Indeed.
I've pulled up the full comment thread on FaceBook, which helped me to shed a bit more light on the subject. He clearly suggests harming innocent , law -abiding citizens. They are words, true. Perhaps even words that I find not only offensive but very threatening. And while I am mature enough to not let words get to me, I find it discomforting to read such malevolent opinions from a sworn officer of the law .
http://feralis.blogspot.com/2010/02/rod-tuason-praetorian.html
It's quite arrogant.
I read the posts. They sound pretty jaded.
I wonder if they act like they sound. If so, they don't match my preconceived notion of 'professional law enforcement officer'.
I decided to replace some of the words they wrote with slight changes in order to help me see it from a different angle. The effect was pretty chilling when I considered the ramifications. Check it out:
Rod: "Sounds like you had [some blacks in the wrong neighborhood] last night! Should have pulled the AR out and prone them all out! And if one of them made a furtive movement...2weeks off!!!"
Should we be screaming " hate speech "?
I'll have to think about this some more.
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