I wonder, if the victim was an attorney, what would the officers reaction be. I'm pretty sure, 99% sure, the officer would have checked to see if the weapon was loaded then promptly say "Here is your weapon, enjoy your evening, sorry for the inconvenience". This, after going through all the ramifications in his head of seizing a legally held weapon in a public place from an attorney. Its the little fish, the small things that need protection. If it means a PD gets spanked a little, has to apologize, and gets better training and awareness out of the deal, its well worth it.
^^^The above is just an opinion.
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"...which from their verbosity, their endless tautologies, their involutions of case within case, and parenthesis within parenthesis, and their multiplied efforts at certainty by saids and aforesaids, by ors and by ands, to make them more plain, do really render them more perplexed and incomprehensible, not only to common readers, but to lawyers themselves. " - Thomas Jefferson