Grizz272
Regular Member
Can a Leo run your guns serial number just because you are carrying a gun? If so, would this not be a defacto gun registration if the Police dept. kept a record of what names went with what serial number.
Can a Leo run your guns serial number just because you are carrying a gun? If so, would this not be a defacto gun registration if the Police dept. kept a record of what names went with what serial number.
No, they cannot.
Some see running the numbers as a registration scheme, some have said police departments don't have the ability to keep records.
Keep in mind that in some states a LEO can disarm you for "officer safety". Once that is done, the serial number of the firearm is "in plain view" and there is nothing to stop them from running the serial number.
Legally they cannot in WI.
They can NOT make a data base,,, It is the law!!
BUT,,,, If a cop calls in your name, and number,,, IT WILL,,, go on a list, in a computer!!!
It will be in a system, linked to other systems, linking to all the other systems,
all knowing that a guy (you) have a gun (number),,,,
NSA popped into my head after I read the above.<snip>
This is not true.
Logged activity on an agencies system stays within that system. The only way information gets shared is if it is released in a BOLO alert via NCIC. Piddly things like F.I. stops are not entered into it.
This is also why if I pull you over and give you a verbal/written warning another officer on my department will know about it if he pulls you over later, but an officer with a different agency will not.
Perhaps that is why the question was posted in the Wisconsin sub-forum.
Unless they have RAS that it's stolen.Nutczak said:I believe that a member of LE unholstering a citizens firearm for the purpose of running serial numbers is a violation of our 4th amendment.
Yep. I own 3 "crime guns".And once the serial numbers are run, doesn't that go on a list of being a "Crime Gun"?
Legally they cannot in WI.
Page 27 of the DoJ FAQ said:In certain circumstances, a law enforcement officer may ask to take temporary possession of the weapon or may seize the weapon during interaction with the individual to ensure the safety of the officer and others or to secure the weapon as evidence. The officer will return the weapon at the end of the stop unless the individual is placed under arrest for a violation of the law that allows the weapon to be seized.
Ask is the key word in there. They cannot demand/steal it off of you.Yet they still do it. Even our DoJ FAQ makes it clear that LEOs will regularly violate your 4th Amendment rights: Source
Yep. I own 3 "crime guns".
Keep in mind that in some states a LEO can disarm you for "officer safety". Once that is done, the serial number of the firearm is "in plain view" and there is nothing to stop them from running the serial number.
No state can empower the police to do what the Fourth Amendment forbids and the US Supreme Court as set president against in multiple decisions, i.e., detaining you absent reasonable suspicion of crime, or patting you down to look for - or to seize weapons - absent a reasonable belief that you are both armed and presently dangerous. Terry v. Ohio.
Seizing a firearm to look at serial numbers also violated the Fourth Amendment. Arizona v. Hicks.