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

Red Dawg

Regular Member
Joined
Dec 29, 2010
Messages
399
Location
Eastern VA, with too many people
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...
 

77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
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.
 

aadvark

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Aug 25, 2009
Messages
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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
 
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Gray Rider

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Feb 20, 2009
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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.
 

Gray Rider

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Feb 20, 2009
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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.
 
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We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
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
 

Mas49.56

Regular Member
Joined
Mar 24, 2010
Messages
308
Location
Florida, USA
A little update.
http://www.pnj.com/article/20120516...One-2-tutors-stopped-SUV-full-guns-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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