Questions.

7om5hipp · Mar 9, 2014

Is a traffic stop legal detainment for the passenger, and what happens when your guns serial number is run?

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OC for ME · Mar 10, 2014

technically, under the law, no. Now, getting out of the car and start walking away could be a adventure.

Check your gun's S/N against a DB of known stolen firearms. Also, it is to enter your firearm into a DB so that you and your gun are now associated with each other. Sneaky way of generating a gun registration DB.

davidmcbeth · Mar 10, 2014

Recommend you sell the gun and get another. Next time, place a piece of electrical tape over the Ser # ... they remove it=4th amendment violation.

7om5hipp · Mar 10, 2014

It was odd, my wife pulled into a parking lot so I could close the trunk and while I was walking to the back of the car a police car pulled up and went odd when they saw my firearm. Ordered to get back in the car, they asked to see my firearm and I said no and even asked if I was being detained, one cop said no the other said yes. Ordered out of the car and I told them they had to remove it and that it was a violation of my 4th amendment. Was called an a-hole and that I needed to be a good example to my kids...Yeah. Ran the gun and gave it back, than I was informed that a vehicle stop is legal detainment.

And I am considering selling it. And I am keeping my recorder with me at all times.

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OC for ME · Mar 10, 2014

Were you pulled over? What was there justification for stopping you?

7om5hipp · Mar 11, 2014

The police never turned on their lights or hit their siren, we were driving a car that we had recently bought and the plates where in the windows, we did not know it was illegal to drive like that since other cars in town drive the same way. As we were leaving town I noticed our trunk had not shut and so we pulled into a parking lot to shut it and as I was walking to the back they pulled in behind us. They claim it was a traffic stop, and I have contacted lawyers and they tell me that it is a legal detention for the passenger as well.

OC for ME · Mar 11, 2014

Ask those lawyers to cite the law, or case, that permits a cop to detain a passenger during a traffic stop. I'd be very interested in researching their claim.

solus · Mar 11, 2014

first and foremost, i am not an attorney...

sorry you experienced this type of engagement...

recommend you quit discussing your experience here, do a Freedom of Information asking for the reports, radio transcripts, as well as the video, and once those are received, visit the chief and politely ask if this is normal behaviour from his officers as you, a citizen of his jurisdiction, found it demeaning.

once that fails, your choice to spend your hard earn bucks to pursue it.

advice to sell your firearm is right on...

ipse

7om5hipp · Mar 11, 2014

Was informed that it was standard for police to detain the passenger, I am now carrying a recorder on me now in order to have my own proof. I am asking for proof of the law from the lawyers, but at this moment I am not considering any action. Two cops word against mine, not a winning situation in my town. Not gonna say much here but if you want to know more pm me, needless to say I want my own proof when I go to the chief or anyone else.

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SovereignAxe · Mar 11, 2014

davidmcbeth said:
Recommend you sell the gun and get another. Next time, place a piece of electrical tape over the Ser # ... they remove it=4th amendment violation.

I've always been curious as to how well this actually works. Or do you just take it off when you go to the range? I would think that the tape over the barrel would get sheared off when the slide goes over the barrel after firing the first shot. As for the other locations, I would think that the holster would tear it off the number on the slide.

7om5hipp · Mar 11, 2014

Well it could for mine. The Hi-Point .40 has the number under the barrel on the laser mount. Might try it, but would that be defacing?

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OC for ME · Mar 12, 2014

Definitions. 571.010. As used in this chapter, the following terms shall mean:

(5) "Deface", to alter or destroy the manufacturer's or importer's serial number or any other distinguishing number or identification mark;

Covering is not defacing.

7om5hipp · Mar 12, 2014

Cool to know, I will have to do that. Thanks for the advice on that guys.

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JEStucker · Mar 12, 2014

7om5hipp said:
Well it could for mine. The Hi-Point .40 has the number under the barrel on the laser mount. Might try it, but would that be defacing?

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Wait, wait, wait...

A Hi-Point? And you're admitting to owning it on a Firearms Board? Kudos to you sir! We all know ugly guns need love too, and for as hideous as they look, they certainly do go bang quite well.
:banana:

SovereignAxe · Mar 12, 2014

7om5hipp said:
Well it could for mine. The Hi-Point .40 has the number under the barrel on the laser mount. Might try it, but would that be defacing?

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Yeah, it probably wouldn't with mine. Mine has the serial on the barrel-on the exterior of the chamber, on the slide by the ejection port, and on the frame-on the back of the beavertail.

7om5hipp · Mar 12, 2014

I love my Hi-Point. The bonus is that unlike other guns my pistol and carbine use the same magazine, helps out when going to shoot. And they don't look that ugly, have you looked at a Glock.....Lol.

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Oramac · Mar 12, 2014

7om5hipp said:
I love my Hi-Point. The bonus is that unlike other guns my pistol and carbine use the same magazine, helps out when going to shoot. And they don't look that ugly, have you looked at a Glock.....Lol.

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I own a Glock. Hi-Points are definitely uglier. lol. But the real question isn't how they look, it's how they perform. If it goes bang when you hit the trigger, who cares?

7om5hipp · Mar 12, 2014

Very true. I have shot it enough to know that I trust it with my life and the lives of my family. When it comes down to it the only thing that matters is that when the time comes it is not the name that comes to play, but the ability to put rounds down range.

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Great Gazoo · Mar 14, 2014

The LEOs attention was probably attracted by the ugliness of your weapon. If you had been carrying a Walther P5 they probably would have given you a pass. LOL

OC for ME · Mar 14, 2014

I think there is a RSMo that prohibits ugly pistols. I'll have to do a little digging.

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