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Disarm or Attempt to Disarm a Law Enforcement Officer

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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
    Disarm or Attempt to Disarm a Law Enforcement Officer

    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.

    Comment


    • #3
      Disarming a peace officer

      New Mexico Statute 30-22-27
      Disarming a peace officer

      A. Disarming a peace officer consists of knowingly:
      1) removing a firearm or weapon from the person of a peace officer when the officer is acting within the scope of his duties; or
      2) depriving a peace officer of the use of a firearm or weapon when the officer is acting within his scope of his duties.

      B. the Provisions of Subsection A of this act shall not apply when the peace officer is engaged in criminal conduct.

      c. Whoever commits disarming a peace officer is guilty of a third degree felony

      SHORT AND SWEET
      Last edited by thinblue; 02-09-2007, 12:42 PM.

      Comment

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