Woman Defends Herself, Cops Take Her Gun!

By Tina Terry/The Sierra Times

Published: 03/06/00
Posted on 03/06/2000 10:13:25 PST by knowquest

The following is an open letter from Linda Hamilton describing a recent incident which happened to her in the Commonwealth of Massachusetts (one of the original 13 states which ratified the Constitution of the United States of America.) Our report follows Linda's letter and a comment by her husband.

March 2nd, 2000

From: Linda Hamilton

To: State Police Troopers Robertson and Curran;

Please accept this letter as my most sincere apology to all the male troopers in the Commonwealth. Several years ago, I had concluded that the reason most of the troopers had lost the element of integrity, and the ability to learn the Law without being spoon-fed, was that they were MALES. On too many occasions, I have witnessed the pleasure they take in being bullies, because no one can call them on their behavior. Once again, I dismissed this as being a male trait - as some kind of internal weakness.

When I was in my twenties, women were the acknowledged moral conscience of our country. Hence, there were no children shooting each other, and our husbands and sons behaved like gentlemen. Since that time I have witnessed a major change, and not for the better, in which many male troopers have become increasingly bullying and abusive. I once had the fleeting thought that, if only we could have more female troopers, the situation would improve. I thought females would have more integrity and respect for the law. Well, that thought went out the window yesterday, March 1st, 2000.

On Wednesday, March 1st, at about 12 noon, I turned left onto Rt. 2 in North Adams eastbound over Florida Mountain. I drove for about 30 seconds, at which point I noticed an 18 wheeler looming in my rearview mirror. He drove up to within ten feet of my Blazer, and then lunged his truck at my vehicle as if he was going to ram it. He then pulled out, as if to pass me - we were on a 2 lane road - and then pulled back in behind me. He repeated this behavior four times.

I was in fear for my life! For over a quarter mile there is no place to pull over, and nothing but abandoned mills and private houses. There were no other people around.

I am a lawfully licensed gun owner, with a concealed carry permit. I don't hunt. I carry a gun for one reason: personal protection.

I took my .38, put it in my right hand and put my hand back on the steering wheel. The truck driver immediately backed off. I pulled in at the first place there were people and a pay phone. I called the Shelburne State Police barracks, and I told them of the incident thinking, of course, that they could intercept the trucker before he hurt someone.

As soon as I mentioned what I had done with my gun, I was put on the defensive by the officer on the phone; instead of thanking me for handling the situation in a responsible way, and one in which I protected myself and hurt no one, the issue suddenly became the gun and only the gun, and not the fact that my life, and probably the lives of others, were in jeopardy from an out-of-control trucker. The trooper said to me, "You should not have drawn your gun; a complaint could be filed."

Excuuuuuuse me, but why on earth am I carrying a gun? To keep my hip warm? I have been a gun owner for several years, and this is the first time I have had a gun in my hand outside of the target range.

I finally convinced the trooper that, instead of lecturing me about "violating the rights of law-abiding citizens," (his definition of a trucker who had tried to kill me!) he should be out looking for this maniac truck driver, who was endangering people, and possibly driving under the influence. But none of that seemed important to him - all that he cared about was my gun, and about implying that I was practically a criminal for both having and displaying it - even to someone who had been threatening my life.

I should interject here that I am a 53-year-old woman. I am a Registered Nurse Anesthetist - you know, one of those Medical people who saves the troopers' lives after they have been shot by bad guys! I am married, and I have raised two children. I have driven hundreds of thousands of miles, and never even had a speeding ticket. I also believe in God and am a Christian. (We all know what a terrible crime THAT is nowadays!)

But the story does not end there. When I reached the top of the mountain, two troopers from the Cheshire barracks were waiting for me, and they pulled me over. Apparently the truck driver had seen them there, and had given a report to them that someone had pulled a gun on him. Not only that, he had given them a description of my car.

Both of these troopers were women, and their behavior was as bullying and unreasonable as that of any out-of-control male troopers. Hence my apology to all you males.

My daughter is a few years older than these two troopers appeared to be. When she was about 12, I realized that she was being "dumbed down" by the school system, that she was not being taught the Massachusetts nor the U.S. Constitution, or about how precious our personal freedoms are - or once were - in America, so I taught her these things myself. I naturally figured other mothers were doing the same thing for their daughters, but I apparently was mistaken, at least as far as the mothers of these two troopers were concerned.

The two female officers asked my permission to search my vehicle. I refused, but they did it anyway. They called in my I.D., and they were informed that I was a lawful gun-owner, with a permit to carry "for all lawful purposes," yet they confiscated my gun on the spot. They are going to excuse themselves, I am sure, by saying they had "probable cause." By the time they did this, they had checked my I.D., searched my vehicle, heard my explanation, and even with all that, they never called the Shelburne barracks or checked out the truck driver!

I put them on notice that they were leaving me defenseless, and that I wanted a police escort home. They refused. (Are you surprised?) They did not charge me with any crime, and still have not done so. They also called a detective from North Adams, who stated that "...it was against the law to have a gun in my car," which is completely untrue.

This same detective later admitted to my attorney he "... really did not know much about the gun laws."

No kidding.

So here we have three people who took an oath to uphold and defend the Constitution who - and I would stake my paycheck on this - have NEVER read it and do not respect it, much less intend to uphold or defend it.

Linda Hamilton

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Linda Hamilton's husband, Russ, has the following to say about her actions:

"My wife, Linda is neither a hothead nor a coward. I support her actions 100 percent. We all know the risks we face if we use our guns in self-defense, not so much from the bad guys as from the tragically ignorant, we-really-wish-they-were-"good" guys. When I said, "Next time, kill him," Linda said, "Who? The cops?"

I meant the trucker, of course..."

Russ Hamilton.

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When this story came to the attention of Sierra Times, we called Mrs. Hamilton and spoke with her and her husband Russ. We asked her, "How do you feel about all this?" Mr. Hamilton answered, "I we feel violated," and Mrs. Hamilton stated, "I would rather be raped than have my rights violated in this manner."

Both Mr. and Mrs. Hamilton have long-standing concealed carry permits - Mr. Hamilton has had his for 18 years, and Mrs. Hamilton has had hers for 10 years. In order to have a concealed carry permit in Massachusetts, one must be fingerprinted and submit to an extensive background check by the FBI. Once one obtains a permit, one is permitted to carry a gun either openly or concealed - and definitely in one's car.

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Linda Thompson's License To Carry.

For the record, here are the badge numbers of the troopers who stopped Mrs. Hamilton, confiscated her gun without charging her with any crime, and refused to either call the Shelburne barracks or detain the truck driver who threatened Mrs. Hamilton's life (both are female):

Robertson: #2783
Curran: #2449

And the detective who first told these "Peace Officers" that it was "against the law for Mrs. Hamilton to have a gun in her car," and then later admitted to her attorney that he "didn't really know much about the gun laws" - Rick Lesniak of North Adams: office phone 413-664-4944.

Mrs. Hamilton's attorney's name is Robert Chesbro, referred by Gun Owners Action League (GOAL) in Massachusetts. He has told her he is "sinking his teeth into this." We applaud him for that.

Even though Mrs. Hamilton has not been charged with any crime, her gun is still being held by the police. They have not, of course, offered to be responsible for her safety, even though they have caused her to be disarmed and defenseless. We also remind our readers that two female Massachusetts police troopers left Mrs. Hamilton completely disarmed and at the mercy of a hostile trucker who had threatened her life - and that they refused to detain the trucker, even though they knew who he was because he had filed a complaint against her for having and displaying a firearm.

If anyone reading this wants to contact the police and politely but firmly express their support for Mrs. Hamilton, and her constitutional right of due process of law (i.e., that her seized property be returned to her immediately if she is not being charged with a crime) here is whom to contact:

Cheshire barracks C.O. Lieutenant LeMay
Phone (413)743-4700
Fax (413)743-0731

Western Mass. C.O. Major Charles Appleton - Troop B
Phone (413) 584-3000
Fax (413)587-5675