My Civil Rights may have been violated this evening....

rightwinglibertarian · Aug 31, 2014

Grapeshot said:
Wish you luck. Were it that simple/direct it would have been accomplished a looong time ago.

Problem is not enough people bother. They make some half attempt at defending their rights and wonder why they are stolen. The government just laughs, knowing that it still controls the sheep who make a few annoyed bleats but then comply with whatever infringements they make up.

rightwinglibertarian · Aug 31, 2014

Nightmare said:
There is no such case law. Not in all those volumes displayed behind advertising attorneys - those are bound volumes of case law, maybe a million pages, and no where in them is a decision making "restrictions on the bearing of arms [ ] illegal."

I've quoted a few myself and i'm no expert. If I can find the needed rulings anybody can do it. Firstly the Constitution trumps any and all other laws. It says so itself. I went through this not too long ago right here

Savioso702 · Aug 31, 2014

They gave me the citation and a property receipt page that stated I had a valid blue card that matched the guns serial number and listed my magazine and all ammo accounted for on the property sheet I have a copy of

wittmeba · Aug 31, 2014

rightwinglibertarian said:
Problem is not enough people bother. They make some half attempt at defending their rights and wonder why they are stolen. The government just laughs, knowing that it still controls the sheep who make a few annoyed bleats but then comply with whatever infringements they make up.

I think the problem stems from the law being such that if you violate almost any law the Gov wants to make you a felon criminal and take your guns regardless of what law you break. They want to throw everyone into the pot that cannot lawfully own guns.

davidmcbeth · Aug 31, 2014

rightwinglibertarian said:
Problem is not enough people bother. They make some half attempt at defending their rights and wonder why they are stolen. The government just laughs, knowing that it still controls the sheep who make a few annoyed bleats but then comply with whatever infringements they make up.

I agree ... and when people do file complaints, the gov't tries to vilify them ...

JoeSparky · Aug 31, 2014

Savioso702 said:
They gave me the citation and a property receipt page that stated I had a valid blue card that matched the guns serial number and listed my magazine and all ammo accounted for on the property sheet I have a copy of

Let me get this right? They claim you have not properly registered your firearm as a Clark County resident. Seize your firearm, magazine, and ammunition. Then they give you a receipt telling you the gun is registered per the Clark County blue car DC law, that they just cited you for violating?

Savioso702 · Aug 31, 2014

Basically yes. I questioned the Sgt about the citation making no mention of the blue card. He said there was no room to add it to the citation description and refused to add it. He notated it on the property sheet.

garand_guy · Aug 31, 2014

Savioso702 said:
My civil rights may have been violated this evening... After being harassed by someone who apparently works for the probation department concerning my open carry. The Las Vegas Marshal Service arrived to clarify the argument and it was confirmed that I was within my legal rights to open carry in the area I was being harassed in. However, according to the Las Vegas Marshal Service Las Vegas Metro had no record of me having any firearms registered in my name EVER..... ********!!!! I have ALWAYS registered my firearms with the Las Vegas Metro Northwest Area Command's firearms registration department. Despite having my blue card issued by Las Vegas Metro's own Northwest Area Command the Las Vegas Marshal Service cited me for carrying an unregistered hand gun and confiscated my gun, magazine and 21 rounds of ammo (20 rounds in the magazine and 1 in the chamber). After they already stated that I had not broken any law by open carrying I do not believe they had grounds to confiscate my property. Does anyone in Vegas know a good Civil Rights Attorney?

I think we need some details. Such as, why was someone from Probation harassing you? Are they your PO or are they just an off-duty person who thinks the know the law?

You mention you were picking your kids up from baseball practice. Was this at a county park? I think the city marshals might have jurisdiction there along with the park rangers (because you know, Nevada has to have 800 different kinds of cops).

My take is if they had no legal right to detain you, then they had no legal right to run the serial number of your pistol. It's an illegal search and seizure.

Sue them. Gentleman, I think we have our test case.

Savioso702 · Aug 31, 2014

The guy who works for probation is a coach for a different team. This was at children's memorial park. Prior to open carrying here I checked with metro Clark County Sheriff's and The Las Vegas Marshal's Service and all told me the same that it is legal to open carry here or I would have never done so the guy harassed me about it once last week but I did my research so I paid him no mind. I have no criminal record I'm not on probation or parole so they have no search and seizure clause.

davidmcbeth · Aug 31, 2014

garand_guy said:
I think we need some details. Such as, why was someone from Probation harassing you? Are they your PO or are they just an off-duty person who thinks the know the law?

You mention you were picking your kids up from baseball practice. Was this at a county park? I think the city marshals might have jurisdiction there along with the park rangers (because you know, Nevada has to have 800 different kinds of cops).

My take is if they had no legal right to detain you, then they had no legal right to run the serial number of your pistol. It's an illegal search and seizure.

Sue them. Gentleman, I think we have our test case.

No illegal search if he just handed it over to them...without objection

XD40sc · Aug 31, 2014

b0neZ said:
Only in Clark County.

Savioso, while an interesting read, if you do intend to pursue legal action, I highly recommend you remove or heavily redact all posts right now pertaining to the situation.

NC had one county (Durham) with a gun registry, which the General Assembly passed a bill this year to eliminate the registry.

MAC702 · Sep 1, 2014

Savioso702 said:
They gave me the citation and a property receipt page that stated I had a valid blue card that matched the guns serial number and listed my magazine and all ammo accounted for on the property sheet I have a copy of

So what is the definition of "valid" if you had a valid blue card?

MAC702 · Sep 1, 2014

Savioso702 said:
... the guy harassed me about it once last week....

I don't normally use my recorders, but if I knew I was going into an environment where I'd previously experienced being harassed, I'd have my audio and video recorders running. Too bad I have a feeling that didn't happen here, or hopefully it did and you are smartly withholding it until it serves you best.

countryclubjoe · Sep 1, 2014

It appears on the surface that your 2, 4 and 14th Amendments were violated and your property stolen by agents of the government without due process. Contact an attorney that is savvy with litigating 42 section 1983 cases.. I believe your civil and constitutional rights were violated.

My .02

Regards

CCJ

Savioso702 · Sep 1, 2014

davidmcbeth said:
No illegal search if he just handed it over to them...without objection

I did not hand it over to them. The Sgt ordered me to keep my arms crossed he walked over and removed it from my holster.

Bulleteater · Sep 1, 2014

davidmcbeth said:
No illegal search if he just handed it over to them...without objection

And that's the BIG takeaway for me: KNOW YOUR RIGHTS!

This is still America and, unless you were observed committing a crime (which the OP was not), you are not required to show "papers" - including a blue card.

Bulleteater · Sep 1, 2014

Savioso702 said:
I did not hand it over to them. The Sgt ordered me to keep my arms crossed he walked over and removed it from my holster.

That's a new wrinkle. Did they do this BEFORE they established that you were not committing a crime by OC'ing in a park?

Did you tell the Sgt that you DO NOT CONSENT TO THIS SEARCH?

I know it's intimidating and while you are being circled by a gang of cops it's easy to become disoriented (that's what they are counting on!). I'm not trying to Monday Morning QB here, but the benefit of something like this lies in the after-action de-brief.

Three lines to memorize:

1. Am I under arrest? (No)
2. Have I committed a crime? (No)
3. Am I free to go? (Yes)

Savioso702 · Sep 1, 2014

It was done after they confirmed I was lawfully open carrying in the park. I was a bit nervous as they did surround me and one was standing behind me

wittmeba · Sep 1, 2014

Savioso702 said:
It was done after they confirmed I was lawfully open carrying in the park. I was a bit nervous as they did surround me and one was standing behind me

You have every right to be nervous.

If I were you, I'd make a chronology list highlighting the events (just like a recorder) just to be sure I don't forget any of the incidents and sequence which they happened. A month or 2 from now your memory may not be so fresh and it seems these events are going to prove critical to this situation.

Savioso702 · Sep 1, 2014

I already wrote up a detailed storyline

My Civil Rights may have been violated this evening....

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