Cop's Facebook Page Draws Fire of California Gun Advocates

slfisher 0 415 Views

A police officer who posted to a Facebook page criticism of a political movement in which pro-gun advocates openly carry firearms in public has come under fire for claiming, in what he is now saying was a joke, that they should be shot.

East Palo Alto Detective Rod Tuason was responding to a friend's Facebook posting, who had suggested that "Open Carry Advocates need to start carrying in like Oakland, Richmond, East Palo Alto and not limit themselves to the hoity toity cities," according to a screenshot of the discussion on the firearm advocacy website Calguns.net.

"Sounds like you had someone practicing their 2nd amendment rights last night!" Tuason wrote. "Should've pulled the AR out and prone them all out! And if one of them makes a furtive movement … 2 weeks off!!!" This refers "to the modified duty, commonly known as desk duty, that typically follows any instance in which an officer is investigated for firing his weapon," explained a Fox News on the controversy.

Tuason's posting was then picked up by the blog "Kevin Thomason's "Oaklander,"" titled "Random Musings by a Second Amendment Fan," at which point it went viral.

"East Palo Alto, CA Detective Roderick Tuason didn't realize that actual PRO-GUN people also read Facebook," Thomason posted. "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. I don't make this crap up." Thomason went on to post contact information for the police department and city council, urging readers to complain.

In addition, a Facebook group, which had 1,840 members at press time, was formed to urge Tuason's firing.

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, according to an article in the San Jose Mercury News. "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," the article continued.

"Sometimes sacastic or off color humor should be best kept in the confines of those you can confide in," according to a post on the Calguns.net site, which has now been deleted but was available through Google . "I forgot the golden rule of whos watching and listenting to you! I know i ruffled alot of feathers by making that comment! But as a person i did not mean no harm to anyone. Those that know me know my form of humor after all i'm a former Marine!"

Tuason's Facebook account now appears to have been closed.

"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," according to the Mercury News. "However, it remains illegal for the gun to be loaded in most cases. While residents who carry unloaded, registered guns in plain view aren't breaking any laws, police have said the practice is dangerous because officers can't tell whether a gun is loaded and what an armed person's intentions are," the paper went on to say.

Dani AI

Generated

This thread surfaces three distinct but related issues that matter to any organization with public-facing employees: limits on public-employee speech, safety and credibility risks when officers post about firearms or threats, and how quickly social media amplifies private comments into public controversies. The community responses reflect those tensions — points to free‑speech concerns, while and focus on real safety and accountability implications — all useful perspectives to balance when assessing outcome and process.

For a legal frame, U.S. Supreme Court precedent requires balancing an employee’s interest in commenting on matters of public concern against the government employer’s interest in efficient, disruption‑free operations (the Pickering balancing test). The Court has also held that statements made pursuant to official duties may receive no First Amendment protection. Those two principles are the starting point when agencies evaluate discipline for off‑duty social posts. (law.cornell.edu)

Practical response steps that protect both public trust and due process: preserve the original content and metadata, pause any knee‑jerk deletions, conduct a documented internal review, issue a short holding statement while the facts are checked, and designate one public spokesperson to maintain consistent messaging. Treat the incident as both a personnel and a communications event — clear, calm updates reduce rumor and escalation. These are standard crisis‑communications practices for social media incidents. (prsancc.org)

Prevention is the best remedy. Departments should adopt a written social‑media policy (clearly defining official vs. personal activity), require basic training, control authorization for department accounts, and apply rules consistently with documented investigations. Model policies and agency templates exist to help craft defensible rules that address safety, evidence preservation, and community trust. Those structural fixes make it easier to respond fairly when posts cause an uproar. (ojp.gov)

Member Avatar for canadafred
canadafred 220 SEO Alumni

Seems to me, like the comment was taken out of context. Ya, sure the cop shouldn't have said what he did but he still still has the right of free speech, but with a little more discretion.

Edited by canadafred because: n/a
Member Avatar for highroller
highroller 0 Newbie Poster

Well I carry open and concealed here in West Virginia, And I like to think I am a friendly to the Cop's not smoeone who should be shot for exercising my freedoms, he said he should pull out his AR 15 to shoot them, now does that mean I need to start carrying my Ar so I'm not out gunned???? WTF

Member Avatar for Ramrod1
Ramrod1 0 Newbie Poster

There's NOTHING out of context about what he said. If you want to see it, go here http://i56.photobucket.com/albums/g188/rickeepoo/ramrod.gif

He needs to lose his job!

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