Update: A Crime To Disarm An Officer? Not Yet, But Soon

By  | February 29, 2012 | Filed under: News

State Senator Tammy Irons

MONTGOMERY – Right now, there is no specific crime to disarm a police officer in the State of Alabama. However, that may change soon. A Bill, offered by State Senator Tammy Irons (D), Florence yesterday passed the Alabama Senate that would make it a felony for a person to intentionally take away a firearm from a law enforcement officer or corrections officer, or deprives them the use of the firearm, while acting within the lawful scope of their duties. The law would apply to anyone who, within reason, should have known that the individual was a law enforcement or corrections officer. The Bill has been sent on to the Alabama House of Representatives for a vote.

Senator Irons told the Quad-Cities Daily that is one of only 7 pieces of legislation that Alabama Attorney General Luther Strange has selected to endorse this legislative session. She said, “Right now, there is no consistency in the law when somebody tries to take a law enforcement officer’s weapon, pepper spray, or baton from him or her. The offender can be charged with as little as disorderly conduct for such an act. It’s a serious thing for somebody to try to take a police officer’s weapon, and it needs serious punishment.” The Bill, if passed into law, will make the offense a Class A felony, which carries a minimum sentence of 10 years.

The impetus for this Bill came about when a Florence police officer had an offender try to disarm him while trying to effect an arrest.

Oddly, enough, not many states have this provision in their criminal code. This type of law has for the past several years been winding it’s way through various Legislatures, but only a few states have adopted such laws.

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4 Responses to Update: A Crime To Disarm An Officer? Not Yet, But Soon

  1. Steve February 29, 2012 at 6:37 pm

    The act of disarming a police officer maybe not be a crime, but do it and you’ll see yourself charged with assaulting a police officer, hindering an officer in the completion of his duties, and felony theft. If this occurs during the officer trying to arrest someone else, you’d also be charged with interfering with the arrest, aid and abetting, etc. In other words, you’d spend a lot of time in court and possibly in jail if you did this and that is without being charged with disarming a police officer.

    • Roger Murphy February 29, 2012 at 6:41 pm

      Well said. However, are you suggesting that a law such as this is, in your opinion, unnecessary? Are you a LEO? -ED

  2. Pingback: Disarming of Law Enforcement Officer Bill On Way to Governor For Signing | The Quad-Cities Daily

  3. Pingback: Disarming of Law Enforcement Officer Bill On Way to Governor For … | The Law Enforcement Blog

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