By Christopher G. Frey, Esquire
Law Offices of Carlson, Meissner, Hart & Hayslett, P.A.
Lasers, kids (and adults) love them. Let’s face it, lasers can be really cool, and really useful. Lasers produce a small RED dot that is pointed at a specific object, test, graphic or the like. Since the advent of the laser pointer, we see them used in countless ways. Marketing and advertising personnel use them for presentations, and, in my profession, we see them used in court all the time. Toy makers incorporate lasers into toys. In fact, you can even obtain these devices in pet stores so that you can flash the red dot on the floor and have your dog or cat chase it around the room, and you can get them anywhere, CHEAP! That’s the good news. However, the misuse of laser sights or pointers can be severely BAD NEWS.
Laser pointers, or LASER SIGHTS, have been used extensively for years in the firearm industry for use on handguns and rifles. Companies such as BSA and Crimson Trace Corporation produce precise laser sights that attach to firearms or are contained within battery-operated gun grips. Laser sights are extremely valuable for rapid target acquisition. Laser sights are a fast and effective means of locking onto a target, and are rapidly gaining popularity off the military battlefield and shooting ranges. Laser sights that are mounted on firearms have an extensive battle-proven history in combat, law enforcement and self-defense. It is this fact that presents potential problems with the use or misuse of laser sights or pointers. The potential problems arising from the misuse of laser sights and pointers has drawn the attention of the Florida Legislature, and law-makers of many other states.
In Florida, as in many other states, pointing a laser device at a law enforcement or security officer constitutes a FELONY OFFENSE. Law enforcement and security personnel are engaged in a difficult profession that place officers in very dangerous situations, often involving firearms. Many law enforcement and security officers have military backgrounds or receive training in the use of laser sighting devices. The same is true with many civilians who are trained in the use of firearms for self-defense purposes, and may be licensed to carry concealed weapons.
When a trained, armed law enforcement officer or civilian encounters the familiar RED DOT grazing across or setting up on their bodies, they will likely have an instinctive defensive reaction, and may draw a weapon or firearm for protection. This situation can result in devastating and tragic consequences if defensive shots are fired in the direction of the laser user.
Potential felony arrests and prosecutions, or resulting death or serious bodily injury, are not the only significant dangers of misusing laser sights or laser pointers of any kind. When a laser device is pointed at a moving vehicle, the red laser dot may strike or strobe the vehicle operator’s eyes, causing temporary loss or impairment of vision, and, consequently, loss of control of the vehicle. Once again, the ramifications can be devastating.
I recently encountered this situation while driving in my neighborhood. I have trained with laser sights and do possess a concealed firearm permit. Initially, my reaction to the red dot on my chest was defensive, but upon immediately seeing two adolescent children running into their backyard, my reaction calmed. I consulted a security officer who was parked down the street. He informed me that he had experienced the same type laser strike, and immediately drew his weapon. Upon a return trip down the block with the officer, I again encountered a red laser dot flashing in my rearview mirror and coming to rest on my chest. This time I saw the red glow of the laser device in the dark of the garage. The officer exited his vehicle and the kids ran into the house. The officer and I, understanding that the kids likely viewed this incident as a harmless prank, informed the parents of the aforementioned consequences. The parents promptly resolved the issue. Unfortunately, in other like situations, the result may have been substantially different.
Please, GET THE POINT! Laser sights and pointing devices are NOT toys, and their misuse could have grave consequences. If you own such a device, always use it carefully, and as directed by the manufacturer. NEVER point such a device at a law enforcement or security officer, and NEVER point a laser at the operator of a moving vehicle. For that matter, don’t point one at anyone. If you are a parent, be aware of your child possessing any type of laser device, inform the child of its proper use, and monitor its use. Avoid legal and health problem.
Another very important, and noteworthy, rule regarding the use or misue of laser sights or laser pointers relates to government and citizen concerns pertaining to aircraft. As we are all well aware, the United States is at war. Our military troops and law enforcement officers are on high alert and charged with the responsibility of identifying and eliminating threats against United States aircraft from the likes of suspected terrorist-affiliated groups or individuals. The same is true for identifying and eliminating threats posed by unlawful drug and street gang personnel who target aircraft in their course of “business”. It is ILLEGAL to aim or point a laser sighting device at an airborne aircraft such as a helicopter or fixed-wing plane. Such action will be dealt with swiftly, and harshly, and may result in prosecution for state and/or federal criminal violations. Therefore, you should NEVER, and I mean NEVER, point, aim, strobe or in any manner direct a laser device at ANY aircraft, be it grounded, departing or landing, or in flight. There is NOTHING even remotely comical or “cool” about such activity, and you will encounter little or no sympathy from the authorities for this type of mindless and competely idiotic behavior. At a bare minimum, investigation into such actvitity to confirm the existence, or non-existence, of a threat to the aircraft and its passengers, is a total waste of valuable time, energy, manpower and resources, most of which would be better utilized performing other necessary duties. At a maximum, harsh legal consequences will ensue and can result in harsh criminal penalties. Remember, the placement of the familiar RED dot on an aircraft may be done as a seemingly harmless prank. However, to trained experts, the Red Dot can be easily construed as a a firearm sight or laser spotter for lauching an explosive destructive device.
If you have any questions regarding the content of this article, please contact me for further information. cfrey@carlsonmeissner.com Be smart, and be safe.
