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Thread: You can be detained in AL and FL now for having guns and cash

  1. #1
    Regular Member Mas49.56's Avatar
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    You can be detained in AL and FL now for having guns and cash

    http://m.pnj.com/localnews/article?a...4260024&f=1293

    They are guilty of looking suspicious. It is weird, but what is the crime here?

  2. #2
    Regular Member Red Dawg's Avatar
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    Sounds fishy, from a cop perspective, but I don't see much of an issue, unless the driver was a felon, and not allowed to be in contact with guns..The passenger had a CCW/CHP/mother may I slip, and claimed ownership. If they were not in the proverbial GFZ, then i don't see what the issue is...
    The Second Amendment is in place
    in case the politicians ignore the others

    A gun in the hand is better than a cop on the phone

  3. #3
    Regular Member 77zach's Avatar
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    I'm familiar with this issue and you don't need guns, just cash. If you have over 10K, they can just steal it (not joking) and you may not see it again. Been going on a long time. In fact, lots of people won't believe it, but there was a local news story from Tennessee where cops were just stealing any amount of cash claiming it was drug money. When confronted, they basically said yes we're stealing cash and what are you going to do about it? Even I was speechless. Don't know if it's still going on or not.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  4. #4
    Campaign Veteran Schlitz's Avatar
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    Quote Originally Posted by Mas49.56 View Post
    http://m.pnj.com/localnews/article?a...4260024&f=1293

    They are guilty of looking suspicious. It is weird, but what is the crime here?
    the article has been deleted
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

  5. #5
    Regular Member rscottie's Avatar
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    Guns seized near school; men in SUV not charged

    Quote Originally Posted by Schlitz View Post
    the article has been deleted
    Here is a working link:

    http://www.pnj.com/article/20120427/...UV-not-charged

  6. #6
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    To ALL Whom are Concerned:

    First Off..., United States Federal Law 18 U.S.C. 922(q)(2)(B)(ii) EXEMPTS Persons who have been Issued a Bureau of Alcohol, Tobacco, Firearms, and Explosives Qualified Permit from The Provisions of The United States Federal Gun Free School Zone Act if that Person has a Permit Issued Pursuant to that Exception within The State that Corresponds to The State wherein The School is Located. This Federal Law ONLY Applies to, and Effects, Schools that are Public Schools, and within 1000 Linear Feet of such Schools, and ONLY Includes Grades K-12, BUT The United States Federal Government has NO Prohibition against: Technical School Carry, College Carry, University Carry, or Post Graduate Carry.

    Secondly..., Alabama Code 1975 13A-11-72(e) Exempts ANYONE with a Pistol Permit from The General Penalty under Alabama Code 1975 13A-11-72(c) from Possessing a Firearm at a K-12 School Building, or on a K-12 School Bus, which, in either Instance, would Include ANY Public, Private, or Parochial School with Those Grades so Enumerated K-12. Alabama does NOT Allow Pistols in Vehicles, unless; The Person is Licensed under Alabama Law OR under The Laws of another State in which Alabama Shares in Reciprocity. It is IMPORTANT to Note, that, Alabama has NO Prohibition against: Technical School Carry, College Carry, University Carry, or Post Graduate Carry. Alabama has NO 1000 Foot Rule Concerning Schools and Firearms.

    Thirdly..., Florida Law 790.115(2)(e) Exempts ANYONE Licensed under Florida Code 790.06 from The General Prohibition of Possession of a Firearm to or while at, in, on, or within 1000 Feet of a School so as long as The Person does NOT Enter into a School Building or come onto School Property, as is Provided under Florida Code 790.06, BUT Persons who are Licensed under Florida Code 790.06 MAY Possess a Firearm within a Vehicle that is Lawfully Parked at such School under Florida Code 790.06(12)(b). In a Stroke of Brilliance by The Florida Legislature..., Florida Protects Technical Schools, Colleges, Universities, and Post Graduate Institutions whereas The United States Federal Government and Alabama State do NOT.

    The Net Effect of These Statutes is that if The Man in The Car had a Permit Issued by either Alabama or Florida, He would be Exempt under both State Laws, BUT would be Indictable under Federal Law for taking a Firearm in Interstate or Foreign Commerce without a Second and Distinct Permit Matching The Other State in which The Man in The Vehicle Lacked.

    Either way..., Three Things NEED to Happen: 1. The Federal Government NEEDS to REPEAL The Federal Gun Free School Zone Act, OR, at least, Amend The Act to REPEAL The 1000 Foot 'Buffer-Zone' around ALL Public K-12 Schools in The Country, AND 2. The States NEED to REPEAL Their Prohibitions under Technical School Carry, College Carry, University Carry, or Post Graduate Carry (in an Effort to meet My Explanation under 3), AND FINALLY, 3. The States and The Federal Government NEED to Amend to Conform that ONLY Public or Non-Public Schools for Children, i.e. (Nurseries, Day Cares, Toddler Schools, Learning Centers, Pre-Kindergartens, Kindergartens, Elementary School, Middle School, Jr. hhigh School, and High Schools) are The Schools that should be Prohibited, NOT Schools for Adults.

    Does Your State have a 1000 Foot Gun Free 'School-Zone' Law? How about Private/Parochial School Carry Law? Maybe..., Perhaps, Adult School Carry Law? Exceptions for Motor Vehicles, Private Property, or Permit Holders? There are so MANY Differences between The States and The Federal Government in This Area that You Quite Literally have to Commit This Stuff to Memory..., like I have done!

    aadvark
    Last edited by aadvark; 04-29-2012 at 09:42 PM.

  7. #7
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    Probable cause??

    This article served as the basis for a Bill of Rights discussion at the local LETC firearms class Saturday. The discussion was initiated by the Academy students no less. Based on the story as reported in the PNJ , all 7 instructors from 4 different agencies agreed this is a prime example of how to open up your agency for a lawsuit. There was no evidence of a crime, period.

  8. #8
    Regular Member Jack House's Avatar
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    Gun owners, guilty til proven innocent~

    Sent from my SPH-D700 using Tapatalk 2

  9. #9
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    "In the interest of justice"

    Note the quotation marks.

    If a crime had been committed you can rest assured an arrest would have been made.

    It is not uncommon to seize property based on a gut feeling and let the owner go through the process of obtaining a court order to have the property returned. To the LEO's who engage in such, the means is justified by the ends. I am not suggesting that is the way it should be, just that it is.
    Last edited by 6-shooter; 05-02-2012 at 07:16 PM.

  10. #10
    Regular Member Jack House's Avatar
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    Uhhh, the ends do not justify the means.

    Sent from my SPH-D700 using Tapatalk 2

  11. #11
    Regular Member We-the-People's Avatar
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    WOW.....JUST WOW....

    PARAPHRASED FROM ARTICLE: We took their guns and we're trying to figure out if they violated any laws?

    PARAPHRASED FROM ARTICLE: I wouldn't normally hold them for three hours but I did anyway?

    WHAT THE ARTICLE DIDN'T SAY: We couldn't arrest them so we just violated their rights up one side and down the other. It's okay though, IT'S FOR THE CHILDREN!!!!!!!!

    I would say there is definite grounds for a 1983 civil rights violation, no qualified immunity, and some serious damages as the men both lost their jobs due to the civil rights violations. GRRRRRRRR
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  12. #12
    Regular Member Mas49.56's Avatar
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    A little update.
    http://www.pnj.com/article/20120516/...uns-ammo-felon

    It appears that the guy who owned the guns was traveling with a convicted felon according to the BATFE. So they won't say what the felony was, but apparently if your travelling with guns within a few feet of a felon, they can take YOU down, not charge you with any crime and take all your guns. The BATFE agent said, “Based on that individual’s access and proximity to the firearms, it allowed ATF to seize and initiate forfeiture proceedings against the firearms.” So if you host a party do a thorough background check on all your guests or don't leave one gun in your display case, on your wall, etc... or the BATFE can take every gun in your house. No one has been charged with any crime, yet these guys have been detained multiple times, lost their jobs and one has lost his firearms. Here comes the Tom Cruise Future Crimes unit.

    I guess the main point to be learned is say, "Officer I do not consent to any searches", when you get targeted to be pulled over.

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