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Thread: Nephew arrested

  1. #1
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    Nephew arrested

    My nephew, 18yrs old, high school senior , good kid, was follow home by about 12 to 15 "hoodrats"
    that were threatening to "stomp his head head in". Nephew made it home, thugs outside on sidewalk
    and in yard. Nephew retrieves cap and ball pistol, goes onto porch and says "y'all leave now" , doesn't
    point it at anyone, keeps it pointed down by his side and never leaves his front porch. One of the thugs
    calls cops and tells them nephew has a gun and they all take off before cops get there. By the time cops get
    there, pistol is in house and nothing is going on. Cops question nephew, gets the story, cuffs nephew.
    Tells one of his friends that arrived after all this takes place to retrieve the pistol and he does so.
    Sister in law ask why is he being arrested and they say because you have to be 21 to have a pistol ( ha ha)
    She tells them that's not the case and they cuff her.Eventually release her and say they are taking nephew
    to Parish, but go to the city office instead. My brother arrives and tells them the law on the age of ability to
    possess a pistol in LA. Cops take off to back room come back and say they are gonna issue nephew a
    summons to appear in city court and release him." Brother ask what's the charge and they say" because
    he had a gun". They released him and said that they would bring the summons to their house. Never came.
    Now the paperwork can't be found, No record in the computer. Pistol has not been returned. The cop that
    the chief had do the paperwork that day told my brother he wasn't putting his name on it, he didn't want
    anything to do with it. Now he found the pistol in his locker and don't want to touch it.

    What course of action? Advise please.

  2. #2
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    Speak to a defense attorney.

  3. #3
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    So, to make sure I understand.... Nephew was FALSELY arrested and a cap n ball pistol seized by coercing someone else to retrieve it when the police didn't want to enter the residence to get it themselves. Now, they currently have released the nephew, retained possession of the pistol, and not issued the promised summons and the person who has possession of the pistol has it in his locker and it is not secured "as evidence"?

    What does the nephew want to do? Does he want his property back?

    Suggest: ALL interactions with LEO/Prosecutor be audio (as a minimum or audio/video recorded as legally able in what ever efforts are done to obtain a satisfactory result for your nephew. Make sure you and your nephew FOLLOW THE LAW as best as you are able in these efforts. And to reiterate a previous poster..... seek the advise of a competent defense attorney who is familiar with the firearms laws in your state.
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  4. #4
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    Smile

    I guess more of what I am asking is legal footing. I am 99.99999....% sure, but value
    the opinions of some here. Assurance , as much as you can get from non lawyers on the
    "internets" !

  5. #5
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    Quote Originally Posted by Hunterdave View Post
    I guess more of what I am asking is legal footing. I am 99.99999....% sure, but value
    the opinions of some here. Assurance , as much as you can get from non lawyers on the
    "internets" !
    Never take legal advise from ANYONE on the internet! It invariably is worth exactly what you've paid for it.

    Contact an attorney, Contact an attorney, and CONTACT AN ATTORNEY!

    Many times the prosecutor/leo may have SEVERAL months after an incident to actually issue a summons or decide to prosecute someone. Contact an Attorney.
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
    Life Member GOA
    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  6. #6
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    What Parish and city did this take place?

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    Have every person involved sit down asap and write down everything they remember including officer's names, badge numbers chain of events etc... write it down NOW while it's still fresh in memory. This will help an attorney which, from what I can tell, will be filing a civil suit.

    If the officers are not giving you paperwork, then write down which officers and when.

  8. #8
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    Avoyelles Parish Town of Cottonport

  9. #9
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    Have you checked to see if the parish or town have any firearms ordinances with respect to possession of a handgun? Specifically enacted prior to 1985?

    You can check here for the parish... http://library.municode.com/index.aspx?clientId=10383

    I looked and couldn't find any.

  10. #10
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    Also, be prepared to record any further conversation with the police. Your nephew was seized and it was admitted that he was seized for an action that is apparently not criminal. It's important to document this.

    Collect any further evidence in an unassuming fashion. The PD may decide to charge your nephew for something just to protect themselves.

    EDIT - And contact an attorney first thing tomorrow. I don't know of any in your area, but perhaps others here may be able to direct you.
    Last edited by georg jetson; 03-18-2013 at 09:57 PM.

  11. #11
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    Parish is GTG. No municipalities in parish have anything more restrictive than state,
    I OC around here all the time and have for many years with really no problems.
    Last edited by Hunterdave; 03-18-2013 at 10:31 PM.

  12. #12
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    In addition to the several-times repeated "get a lawyer"...
    I suggest doing an open records request for everything related to the incident.

    Start with the fake 911 call, get any radio transmissions from the various officers, dispatch log (tracking what officers go where when), all reports (and they might lie & say none exist), and a property receipt.

    If they can't provide you with a property receipt for the pistol, file a report that it was stolen.
    See if the nearest ATF office can give any advice in that area.

    Does your town have traffic cameras? If so, see if he can remember the route he took home & use the open records request to get video from those cameras, showing the pack of predators following him.

    (As an aside, while I admire his spirit in standing up for himself, I hope by now he's recognized that it would have been better to call 911 & stay in the house instead of going out on the porch.)
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  13. #13
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    Wow.

    Just.

    Wow.

    As stated above, contact attorney, get all records you are allowed to get under your state law. MKEGal's advice about traffic cams is STELLAR. You may also look for security cameras at homes on his path. The residents may not like wandering groups of hoodlums, either.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  14. #14
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    Quote Originally Posted by mywifesaidyes View Post


    Wow.

    Just.

    Wow.

    As stated above, contact attorney, get all records you are allowed to get under your state law. Mkegal's advice about traffic cams is stellar. You may also look for security cameras at homes on his path. The residents may not like wandering groups of hoodlums, either.
    and businesses!
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
    Life Member GOA
    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  15. #15
    Regular Member sraacke's Avatar
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    This should not even have to be said....GET A LAWER. In fact, we should not have even heard about this until you had already spoken to a lawyer and gotten the gun back.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  16. #16
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    Maybe also check court dockets in the meantime. It wouldn't be the first time a cop put a summons through while not issuing it to the defendant. Defendant gets arrested on a bench warrant after he fails to appear for court date he didn't know he had.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  17. #17
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    The town had a triffic light, but had to take it down because there wasn't enough traffic to warrant it.
    Doubt any residential cameras in entire town. Very SMALL town.
    The pistol was returned the day that I posted this or the morning after.
    Brother had already spoken to a lawyer, before I posted. Said they had a good case but wants
    a hefty sum to take it. He's still looking .
    I think the police chief has spoken to someone and realized they screwed up and are now
    trying to cover it up.

    Thanks for all the replies.
    Last edited by Hunterdave; 03-20-2013 at 11:54 PM.

  18. #18
    Regular Member estcrh's Avatar
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    Quote Originally Posted by Hunterdave View Post
    I think the police chief has spoken to someone and realized they screwed up and are now
    trying to cover it up.
    i
    Thanks for all the replies.
    I think before this gets out of hand anymore than it already has you should consider going to the police station and talking to the Chief of Police there in person, if this town is really so small it would not be unusual for the police officers to have little to no training in how to handle a situation such as this, it may have been an honest mistake on both sides. See what the Chief has to say, it may be a learning experience for both parties (one should never leave the safety of their home in order to confront a group of individuals, thats what 911 is for).

  19. #19
    Regular Member MKEgal's Avatar
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    Lightbulb

    Quote Originally Posted by Hunterdave
    Brother had already spoken to a lawyer, before I posted. Said they had a good case but wantsa hefty sum to take it. He's still looking.
    Contact John Monroe.
    He's VERY 2A friendly, very willing to help cities & police departments see the error of their ways in situations like this...
    and a genuinely nice guy.
    john.monroe1 AT earthlink DOT net (make the obvious changes)
    He's based in GA but practices across the country. (That being said, I don't know where all he's licensed, and that may affect what he can do to help your nephew.) Sometimes, everything can be done by mail, fax, email.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  20. #20
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    Nephew made a number of mistakes, here.

    Once in the house, STAY in the house. Call 911. It is almost always a bad idea to do a 180-degree turn and go back into a bad situation.

    If there is any type of altercation, ever, call 911 immediately. It's a race. The first one to call is the victim. The only other role available is the bad guy.

    If you don't call at all, you will be viewed as the bad guy when the other party calls the police.

  21. #21
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    Quote Originally Posted by Tom Gresham View Post
    Nephew made a number of mistakes, here.

    Once in the house, STAY in the house. Call 911. It is almost always a bad idea to do a 180-degree turn and go back into a bad situation.

    If there is any type of altercation, ever, call 911 immediately. It's a race. The first one to call is the victim. The only other role available is the bad guy.

    If you don't call at all, you will be viewed as the bad guy when the other party calls the police.

    When will the armchair quarterbacks show up?

    Oh they already have.
    Don't confuse me with the facts, I have my emotions!

    I guess that's the difference between no crime and "stopping" a crime in progress. I prefer no crime.

  22. #22
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    Quote Originally Posted by Packer fan View Post
    When will the armchair quarterbacks show up?

    Oh they already have.
    You disagree that the nephew made mistakes? Perhaps you're suggesting we should not learn anything from the OP?

  23. #23
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    Quote Originally Posted by Packer fan View Post
    When will the armchair quarterbacks show up?

    Oh they already have.
    Or in this case, a nationally syndicated radio host and well known quarterback who gives darn good advice.

  24. #24
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    Contact attorney, follow his advice, and never talk to the police or consent to a search, and especially don't give them willingly any evidence. The whole incident could have been avoided by calling the police, instead of brandishing, and never should have gave them the incriminating statements.
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    Nephew retrieves cap and ball pistol
    Hunterdave,

    I know your post is several weeks old, but your above words bring up something very interesting. First, I'm not a lawyer, but if I uderstand you correctly, this is a black powder revolver and isn't even classified as a firearm. I'm not sure if your family has been able to get this issue resolved, but I would think this fact should come into play since it sounds like they arrested him for having a firearm. This alone, sounds like it could be a false arrest.

    Hope this helps!

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