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Thread: The cop took my gun...

  1. #1
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    Question The cop took my gun...

    Thursday I was leaving work and on my way home I got pulled over for doing 55 in a 35. I had my handgun laying on the seat next to me. The cop walks up to my door and says, "Oh I see a gun there", thats when I say to the officer "yes sir I am OCing and I am going to grab my car regristration out of the glove box now." Thats when he says to me, " Let me remove that pistol for my own safety". Not knowing if the cop had that right or not, I told him ok. So he took my gun unloaded the mag and went back to his patrol car. I am sure he ran the serial numbers to check to see if the gun was stolen. My question is could I have lawfully stopped the cop from removing my firearm? He turned out to be pretty damn cool in the end. He came back and said since you were so cool with me I only going to give you a ticket for "failure to obey a traffic sign-$30 fine". Then he asked me to open my trunk so he could leave me 9mm there. I popped the truck and layed the gun back there. All and all not a big deal but I wasnt aware a police officer had the right to remove my gun without cause for it....

  2. #2
    Accomplished Advocate peter nap's Avatar
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    When you were pulled, you were under arrest and he could secure the gun if he wanted.
    Yeah, it sucks!

    I'm sure he did run the serial number. Sell the gun and buy a private sale replacement.

    I have a lockable holster so I can give him the whole thing, but he can't see the serial number and yes, he would have a fit and yes, that would pretty much guarantee a ticket.

    Where was this?
    Last edited by peter nap; 05-06-2012 at 09:44 AM.

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    I don't like the idea of opening my trunk for him. That gives him access to search.

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    Quote Originally Posted by peter nap View Post
    When you were pulled, you were under arrest and he could secure the gun if he wanted.
    Yeah, it sucks!

    I'm sure he did run the serial number. Sell the gun and buy a private sale replacement.

    I have a lockable holster so I can give him the whole thing, but he can't see the serial number and yes, he would have a fit and yes, that would pretty much guarantee a ticket.

    Where was this?
    This was in Lynchburg about 45mins from Roanoke. Why do u suggest selling the gun is my firearm now in some database for law enforcment?

  5. #5
    State Researcher lockman's Avatar
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    He ran your S/N, he got a visual search of your trunk, you got a ticket and you think the cop was cool.

    Kudos to the police trainers for a job well done.

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    Quote Originally Posted by lockman View Post
    He ran your S/N, he got a visual search of your trunk, you got a ticket and you think the cop was cool.

    Kudos to the police trainers for a job well done.
    LOL I went from owing over $200 to the city to $30 I think thats pretty damn cool. Also I have nothing to hide in my trunk. You telling me you'd rather pay $200 over $30???????

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    Regular Member TFred's Avatar
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    Quote Originally Posted by love4guns View Post
    LOL I went from owing over $200 to the city to $30 I think thats pretty damn cool. Also I have nothing to hide in my trunk. You telling me you'd rather pay $200 over $30???????
    It is unfortunate about the unnecessary serial number search, but he could have been charged with reckless driving as well, since it was 20 over. Add higher insurance premiums for several years to that fine as well.

    TFred

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    Regular Member TFred's Avatar
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    Since the LEO appeared to be asking... I wonder what he would have done if the driver had said, "Why don't you let me pop my trunk and you can just put the gun right in there?" Somehow I doubt it would have been sufficient at that time, even though it was obviously sufficient after he ran the serial number...

    TFred

  9. #9
    Herr Heckler Koch
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    Here is a datum of the dollar value of ones rights.

    We have only the rights that we defend. A civil servant per se has only powers.

  10. #10
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    As a purely technical matter, no, the cop didn't have the authority to take the gun unless he had some objective reason for believing that you represented a present danger to him or others. It would generally be best, I think, to "secure" the gun in a "closed container in the vehicle" before the cop gets out of his car, to avoid the whole scene. Other comments are valid, such as 20+ mph over is a crime, not a traffic ticket, he did get a search of the records and the trunk for free, but then, well, he asked, and you said, "yes", so no harm done, and everything was perfectly legal. If you'd said, "no", as a practical matter (here's where we get out of technical legal land) you'd have had problems, and the local magistrate and GDC judge wouldn't care in the least whether what the cop did was legal.
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  11. #11
    Regular Member scouser's Avatar
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    Of course there is always the simple solution of remaining within the speed limit while driving with a handgun on your seat. That way the cop wouldn't have had a reason to stop you and wouldn't have had any cause to take your gun, run your serial number and search your trunk. Also, there's a really good chance that the time you saved by driving so quickly was all lost while you were sat on the side of the road being victimized

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    Regular Member twoskinsonemanns's Avatar
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    Well said. I cannot in good conscience say I agree with the choice to bend over for the cop to try to save a few dollars.
    We must preserve our rights

  13. #13
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    Quote Originally Posted by scouser View Post
    Of course there is always the simple solution of remaining within the speed limit while driving with a handgun on your seat. That way the cop wouldn't have had a reason to stop you and wouldn't have had any cause to take your gun, run your serial number and search your trunk. Also, there's a really good chance that the time you saved by driving so quickly was all lost while you were sat on the side of the road being victimized
    good advice!

    and another side note / suggestion for the op, fwiw...
    open carry in a holster vs laying it on the front seat. leo might never have seen it and it's much much better than having your firearm flying off the seat in a sudden stop or accident.
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    I fully agree

    Quote Originally Posted by mk4 View Post
    good advice!

    and another side note / suggestion for the op, fwiw...
    open carry in a holster vs laying it on the front seat. leo might never have seen it and it's much much better than having your firearm flying off the seat in a sudden stop or accident.
    and that ^^^ is why...

  15. #15
    Regular Member sawah's Avatar
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    People that go 20mph over should have their licenses suspended and go to jail, IMO. You got off light. Slow it down.
    A firearm is a tool of convenience, not effectiveness - Clint Smith, Thunder Ranch

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    Activist Member nuc65's Avatar
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    Quote Originally Posted by love4guns View Post
    LOL I went from owing over $200 to the city to $30 I think thats pretty damn cool. Also I have nothing to hide in my trunk. You telling me you'd rather pay $200 over $30???????
    Yes, once again the great myth of "I have nothing to hide."
    When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force.

    excerpt By Marko Kloos (http://munchkinwrangler.wordpress.com/?s=major+caudill)

  17. #17
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by love4guns View Post
    This was in Lynchburg about 45mins from Roanoke. Why do u suggest selling the gun is my firearm now in some database for law enforcment?


    You can bet on it!

  18. #18
    Regular Member tcmech's Avatar
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    Quote Originally Posted by MuchoUno View Post
    I don't like the idea of opening my trunk for him. That gives him access to search.
    +1
    If Obama is the answer; how stupid was the question?

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    Regular Member Tucker6900's Avatar
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    Quote Originally Posted by sawah View Post
    People that go 20mph over should have their licenses suspended and go to jail, IMO. You got off light. Slow it down.
    No harm....no crime. You mist be one of those who still believes traveling is a privilege.
    The only terrorists I see nowadays are at the Capital.


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  20. #20
    Regular Member Tucker6900's Avatar
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    Officer safety is not a law, and you are not required to followed. Just because he feels warm and fuzzy is not reason enough to take your gun. Stand up for your rights or don't. And if you don't, don't complain. You gave him permission to take your gun. Plain and simple.

    You gave up liberty for security.
    The only terrorists I see nowadays are at the Capital.


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    Thumbs up

    Quote Originally Posted by Sheriff View Post
    I can not believe you fell for that trick.
    Quote Originally Posted by nuc65 View Post
    Yes, once again the great myth of "I have nothing to hide."
    Quote Originally Posted by Tucker6900 View Post
    No harm....no crime. You mist be one of those who still believes traveling is a privilege.
    +1000
    Last edited by ManInBlack; 05-06-2012 at 06:07 PM.
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    O RLY?
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  22. #22
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Tucker6900 View Post
    Officer safety is not a law, and you are not required to followed.
    I'm ashamed to say it is in Va Tucker.
    During an arrest (which a traffic violation is) the officer can search the immediate accessible area for weapons.

    He couldn't have looked in the trunk but he can seize any weapons he finds that the violator can easily access.

    The fact that he releases the fellow on a summons doesn't make much difference.

  23. #23
    Regular Member Dreamer's Avatar
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    He didn't JUST run your S/N. He most likely entered your gun info and DL info into the BATFE's "eTrace" database. This is becoming standard procedure with any department that has internet access in their cruisers.

    BATFE put forward the story that eTrace was ONLY going to be used to database guns that were reported as stolen, and that's how they got it put in place. But the DOJ, DHS and BATFE are now instructing police that they should enter the info for ANY firearm they take possession of into the database. IT is borderline illegal to do this, but who are you gonna call--the police?

    http://jpfo.org/articles-assd/etrace-fraud.htm

    Your home address, physical description and the S/N and description of your firearm are now almost certainly in a federal database--one that, by the way, was designed to track "crime guns".

    Still think that cop was "pretty cool"?
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
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  24. #24
    Herr Heckler Koch
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    ...and these traced guns become Brady "crime guns."

  25. #25
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    OP's not to bright

    driving around with a load gun and not knowing what cops can and cannot do....lucky for the OP it turned out the way it did.

    OP should look into the laws of the state the OP lives in and become familiar with them -- cops will say almost anything; they think that they can do almost anything ... its up to the citizen to know what the limits of LEOs are.

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