Yea I looked more into this HR218 rule that police are suppose to have now. Here is another article I found regarding the same thing.
http://www.policelink.com/news/52744...8-to-be-tested
4 Cops Charged with Carrying; HR218 to Be Tested?
929 Views 53 Comments Share Flag as inappropriate Four police officers, including two federal agents, have been charged with carrying concealed handguns in Sturgis, SD.
Seattle Times via YellowBrix
September 16, 2008
STURGIS, SD – Prosecutors in South Dakota have dismissed a felony assault charge against a Seattle police detective who shot a member of the Hells Angels motorcycle club last month during a bar fight.
Meade County State Attorney Jesse Sondreal said Monday that an aggravated-assault charge against Detective Ron Smith has been dropped because “the investigation that I have reviewed indicates he was assaulted and it was premeditated.”
Earlier this month, Sondreal dropped a felony perjury charge against Smith in connection with the same incident.
Smith still faces a misdemeanor charge stemming from the shooting of Joseph McGuire on Aug. 9.
Smith said he shot McGuire after McGuire and other members of the Hells Angels jumped him inside the Loud American Roadhouse during the annual Sturgis, S.D., Motorcycle Rally. Smith attended the rally as a member of the Iron Pigs, a motorcycle club made up of law-enforcement officers and firefighters.
In addition to the aggravated-assault and perjury charges, Smith was charged with a misdemeanor count of carrying a concealed weapon without a permit.
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“The law-enforcement investigation, submitted to this office, establishes that Ron Smith was defending himself from a violent premeditated attack and he responded in a manner which was neither excessive nor unreasonable under the circumstances,” Sondreal said in a news release Monday afternoon.
Sondreal said he “assumes” that Smith was targeted because he belongs to the Iron Pigs. Sondreal said the Hells Angels could have attacked Smith because he and other Iron Pigs were dressed in clothing featuring the Iron Pigs logo.
Sondreal said that Smith and other Iron Pigs cooperated fully with authorities and testified before a grand jury impaneled to determine whether charges would be filed in the case.
“Mr. McGuire and his group attempted to flee the scene [after the shooting] and wouldn’t cooperate and wouldn’t testify before the grand jury. They all invoked their right to remain silent,” Sondreal said.
McGuire, of Imperial Beach, Calif., was charged with aggravated assault. An aggravated-assault conviction in South Dakota can result in up to 15 years in prison.
Smith, 43, couldn’t be reached for a comment on Monday.
In addition to Smith, four other members of the Iron Pigs who were with him at the bar face misdemeanor charges. All are charged with carrying a concealed weapon without a permit. A conviction on the misdemeanor could result in up to one year in jail and a $2,000 fine.
They are: Scott Lazalde, 38, of Bellingham; James Rector, 44, of Ferndale, Whatcom County; Erik Pingel, 35, of Aurora, Colo.; and Seattle police Sgt. Dennis McCoy, 49, of Seattle. Lazalde and Rector are longtime members of U.S. Customs and Border Inspection and stationed in Blaine. Pingel is a firefighter.