ItsMyRight2Carry
Regular Member
Hello All,
It's been a while since I've been on here, so I figured I would start trying to catch up on all of the latest in the community. As I was reading another posting, (http://forum.opencarry.org/forums/showthread.php?114530-Illegal-Seizure-question) regarding a potential illegal seizure, it brought back to memory an incident I had a few years ago, when I first found this site and began newly OC'ing (back when my knowledge base of gun laws was very "green"). Anyway, I had just purchased a BMW SUV that I had transported from FL to NC. Myself and my business partner were dressed in suits, and traveling on 440, here in Raleigh. I was on my way to get tags for the vehicle, so I had the license plate from my other vehicle on this car, as advised to do by my insurance company.
As I was traveling on 440, I was in the left (inner) lane, traveling at a fairly good pace. I came up on an unmarked SHP in the lane to my right, so I slowed down. He got hung up behind another car, so I was able to keep going, traveling the speed limit, moving out in front of him. All of sudden, he jumped in behind me, and I told my partner "I'm getting ready to get pulled." Sure enough, after about a mile, the blue lights came on. As he walked up to the vehicle, I had already placed my holstered firearm in the left corner of the dash. It was obviously clearly in view, as he stopped abruptly, put his hand on his gun, took a defensive position, and yelled "keep your hands on the wheel and do not move." Again, we're two guys wearing suits, driving a BMW...not your typical thug or gang banger attire.
He gets to the window, and says "do not make any sudden moves, and do not move your hands." I politely said "I won't."
He says "do you know why I pulled you?" I said, well I wasn't speeding, so I'm assuming because of my tag (which, at the time I didn't think about that being a little odd). Why would he randomly run my tags as I drove past him, doing the speed limit?
Anyway, I advised him of the situation with the new vehicle, and I advised him that I had all of the paperwork, and that I was headed to the DMV to get a new license plate. I had the bill of sale, title, etc, which I offered to show him, to prove the vehicle was indeed mine.
He then asked for my license, which I provided. He then advised me that he was going to remove the weapon "for his safety, and not to make any sudden moves."
I said "ok", not knowing any better, and advised him that I carry in condition one, and to please be careful. Once he had possession of my firearm, he asked for my permit. I looked at him puzzled and advised him that I didn't have a CHP permit, and furthermore it was legal to open carry in NC. He balked back and said "sir you're wrong, I need to see your permit."
I again corrected him, and informed him that he was the one that was wrong. He then told me he would be back in minute. Keep in mind too, this was an SHP Sergeant!
When he came back, he had my gun (Springfield XD sub) in 3 parts (slide, frame and mag). He said "hold your hand out," to which he proceeded to drop 16 hollow point rounds into my hand. He then took the slide, and placed it on the rear floorboard of the vehicle, and tossed (not placed) the frame into the backseat. He then, again, asked to see my permit. I again attempted to correct him, several times to no avail.
I finally said, "look, in order to purchase a handgun, without a CHP, you must have a purchase permit. Once you purchase the firearm, the FFL keeps the purchase permit, and there's not permit required to OC."
He then said "sir you don't know what you're talking about, but from here on out, you should carry the receipt to have proof of the purchase."
I of course sighed, and said "officer I'm not required by law to do that either."
He then said, "well if you have the receipt with you, next time maybe you won't have to go through this, and have your gun run to make sure it isn't stolen."
At this point, I was really frustrated, as I needed to get back on the road or else I was going to be late for an extremely important meeting. He then, of course, handed me a citation, and told me that I "was not to reach for the gun," and that he was going to drive away first, and once he was out of site, that I could again have access to my firearm...
Thoughts? Again, be easy, as I had just began to carry, and this was my first encounter with LEO while carrying. Knowing what I know now, I would've handled the situation completely different...
It's been a while since I've been on here, so I figured I would start trying to catch up on all of the latest in the community. As I was reading another posting, (http://forum.opencarry.org/forums/showthread.php?114530-Illegal-Seizure-question) regarding a potential illegal seizure, it brought back to memory an incident I had a few years ago, when I first found this site and began newly OC'ing (back when my knowledge base of gun laws was very "green"). Anyway, I had just purchased a BMW SUV that I had transported from FL to NC. Myself and my business partner were dressed in suits, and traveling on 440, here in Raleigh. I was on my way to get tags for the vehicle, so I had the license plate from my other vehicle on this car, as advised to do by my insurance company.
As I was traveling on 440, I was in the left (inner) lane, traveling at a fairly good pace. I came up on an unmarked SHP in the lane to my right, so I slowed down. He got hung up behind another car, so I was able to keep going, traveling the speed limit, moving out in front of him. All of sudden, he jumped in behind me, and I told my partner "I'm getting ready to get pulled." Sure enough, after about a mile, the blue lights came on. As he walked up to the vehicle, I had already placed my holstered firearm in the left corner of the dash. It was obviously clearly in view, as he stopped abruptly, put his hand on his gun, took a defensive position, and yelled "keep your hands on the wheel and do not move." Again, we're two guys wearing suits, driving a BMW...not your typical thug or gang banger attire.
He gets to the window, and says "do not make any sudden moves, and do not move your hands." I politely said "I won't."
He says "do you know why I pulled you?" I said, well I wasn't speeding, so I'm assuming because of my tag (which, at the time I didn't think about that being a little odd). Why would he randomly run my tags as I drove past him, doing the speed limit?
Anyway, I advised him of the situation with the new vehicle, and I advised him that I had all of the paperwork, and that I was headed to the DMV to get a new license plate. I had the bill of sale, title, etc, which I offered to show him, to prove the vehicle was indeed mine.
He then asked for my license, which I provided. He then advised me that he was going to remove the weapon "for his safety, and not to make any sudden moves."
I said "ok", not knowing any better, and advised him that I carry in condition one, and to please be careful. Once he had possession of my firearm, he asked for my permit. I looked at him puzzled and advised him that I didn't have a CHP permit, and furthermore it was legal to open carry in NC. He balked back and said "sir you're wrong, I need to see your permit."
I again corrected him, and informed him that he was the one that was wrong. He then told me he would be back in minute. Keep in mind too, this was an SHP Sergeant!
When he came back, he had my gun (Springfield XD sub) in 3 parts (slide, frame and mag). He said "hold your hand out," to which he proceeded to drop 16 hollow point rounds into my hand. He then took the slide, and placed it on the rear floorboard of the vehicle, and tossed (not placed) the frame into the backseat. He then, again, asked to see my permit. I again attempted to correct him, several times to no avail.
I finally said, "look, in order to purchase a handgun, without a CHP, you must have a purchase permit. Once you purchase the firearm, the FFL keeps the purchase permit, and there's not permit required to OC."
He then said "sir you don't know what you're talking about, but from here on out, you should carry the receipt to have proof of the purchase."
I of course sighed, and said "officer I'm not required by law to do that either."
He then said, "well if you have the receipt with you, next time maybe you won't have to go through this, and have your gun run to make sure it isn't stolen."
At this point, I was really frustrated, as I needed to get back on the road or else I was going to be late for an extremely important meeting. He then, of course, handed me a citation, and told me that I "was not to reach for the gun," and that he was going to drive away first, and once he was out of site, that I could again have access to my firearm...
Thoughts? Again, be easy, as I had just began to carry, and this was my first encounter with LEO while carrying. Knowing what I know now, I would've handled the situation completely different...
