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Thread: Threatened to be arrested?

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    Threatened to be arrested?

    So I was pulled over today for a non-related car issue by a WV State Trooper. When he approached he asked for my license and registration I informed him of my firearm (Glock 19) I was open carrying on my right hip. He asked my to step out of the vehicle frisked me and disarmed me. Not that is really a problem I don't want to make his job any worse. While I got off with a warning and my gun back when I asked the State Trooper and the accompanying officer if what I was doing was illegal they both said I was wrong and could have been arrested. Is there any validity to that claim? My gun is my own it is legal I am however under 21.

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    OP needs to review the laws of states that he is going to be traveling in. He should not be having the need to make such inquiries.

    I have no idea what the cops were talking about...the OP has no idea too. Perhaps the OP misheard to LEOs.

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    Regular Member rightwinglibertarian's Avatar
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    Did the Officer have RAS to search and remove your firearm? If not he assaulted and robbed you. NEVER consent to a search of your person or property and ALWAYS at least audio record and preferably video record.

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    Quote Originally Posted by davidmcbeth View Post
    OP needs to review the laws of states that he is going to be traveling in. He should not be having the need to make such inquiries.

    I have no idea what the cops were talking about...the OP has no idea too. Perhaps the OP misheard to LEOs.
    Well thats the reason I'm inquiring I have reviewed them for both my state of Virginia and West Virginia. The only problem is conflicting information there is a thread within this same forum that says it is unlawful but on the WV State Trooper page it say it is legal to carry. I'm only trying to find the correct information. I assure you I do in fact know what he told me and that he could have arrested me and that I was doing something illegal by openly carrying my firearm.

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    Quote Originally Posted by rightwinglibertarian View Post
    Did the Officer have RAS to search and remove your firearm? If not he assaulted and robbed you. NEVER consent to a search of your person or property and ALWAYS at least audio record and preferably video record.

    Sent from my HTC Desire 626s using Tapatalk
    I consented because of the unrelated issue for being pulled over to make a long story short I was driving my girlfriends mothers vehicle and it has an exhaust issue to avoid a ticket and keep everything easy going I informed the officer of the gun when he pulled me over and allowed him to disarm me just for sake of not causing an issue had he however tried to confiscate it I would have done that.

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    Never ask a cop about guns, they are not bound to the truth, may lie and entrap.

    Look here

    https://en.wikipedia.org/wiki/Gun_laws_in_West_Virginia

    to find

    CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
    ARTICLE 7. DANGEROUS WEAPONS. §61-7-1. Legislative findings.
    The Legislature finds that the overwhelming support of the citizens of West Virginia for article three, section twenty-two of the constitution of this state, commonly known as the "Right to Keep and Bear Arms Amendment", combined with the obligation of the state to reasonably regulate the right of persons to keep and bear arms for self-defense requires the reenactment of this article.

    http://www.legis.state.wv.us/WVCODE/...ap=61&art=7#07

    and

    http://www.legis.state.wv.us/WVCODE/...7&section=4#07
    I am responsible for my writing, not your understanding of it.

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    Quote Originally Posted by Nightmare View Post
    Look here

    https://en.wikipedia.org/wiki/Gun_laws_in_West_Virginia

    to find

    CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
    ARTICLE 7. DANGEROUS WEAPONS. §61-7-1. Legislative findings.
    The Legislature finds that the overwhelming support of the citizens of West Virginia for article three, section twenty-two of the constitution of this state, commonly known as the "Right to Keep and Bear Arms Amendment", combined with the obligation of the state to reasonably regulate the right of persons to keep and bear arms for self-defense requires the reenactment of this article.

    http://www.legis.state.wv.us/WVCODE/...ap=61&art=7#07

    and

    http://www.legis.state.wv.us/WVCODE/...7&section=4#07
    I appreciate the links very much that should hopefully clear up most things I'm going to hold on to the WV laws and familiarize myself with them.

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    Regular Member solus's Avatar
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    first a welcome to the forum, sorry it has to be under these circumstances...

    that stated, a cursory review of WV statutes...
    CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
    ARTICLE 7. DANGEROUS WEAPONS.
    http://www.legis.state.wv.us/wvcode/...?chap=61&art=7

    doesn't reveal any thing out of the norm or guidance on carrying in a vehicle w/ or w/o a permit.

    from WV state police site:

    Q. Is it lawful to carry weapons (e.g. rifles, shotguns, and pistols) in my vehicle when I travel in West Virginia?


    A. Individuals who possess a valid concealed carry permit may carry a concealed handgun in a motor vehicle for purpose of self defense only. West Virginia permits anyone who can lawfully possess a handgun to carry an unconcealed handgun. If you choose to carry an unconcealed handgun in your vehicle and are stopped by a law-enforcement officer, you must understand that that the weapon will immediately attract the attention of the police officer. The presence of the weapon may lead to action by the officer to ensure his or her safety such as the drawing of his or her weapon, ordering you from the vehicle, and/or performing a pat-down search. Weapons intended for hunting must be unloaded and in a case when transported in a vehicle. It is strongly recommended that, if you do not have a valid concealed carry permit, while traveling in a vehicle, that all firearms be unloaded and cased in a location in the vehicle that is not readily accessible to any of the occupants. Any ammunition should be stored in a separate location from the firearm.

    http://www.wvsp.gov/about/Pages/LegalDivisionFAQs.aspx

    therefore, from the nice state patrol's perspective you can call but you scared the bejesus out of them so they searched you under the guise of officer safety.

    there is no official WV state statute cite with the above and it is consider on the website as 'FAQ' legal opinions.

    enjoy.

    ipse
    Last edited by solus; 11-27-2015 at 06:38 PM.
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    Quote Originally Posted by Nightmare View Post
    Look here

    https://en.wikipedia.org/wiki/Gun_laws_in_West_Virginia

    to find

    CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
    ARTICLE 7. DANGEROUS WEAPONS. §61-7-1. Legislative findings.
    The Legislature finds that the overwhelming support of the citizens of West Virginia for article three, section twenty-two of the constitution of this state, commonly known as the "Right to Keep and Bear Arms Amendment", combined with the obligation of the state to reasonably regulate the right of persons to keep and bear arms for self-defense requires the reenactment of this article.

    http://www.legis.state.wv.us/WVCODE/...ap=61&art=7#07

    and

    http://www.legis.state.wv.us/WVCODE/...7&section=4#07
    Quote Originally Posted by solus View Post
    first a welcome to the forum, sorry it has to be under these circumstances...

    that stated, a cursory review of WV statutes...
    CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
    ARTICLE 7. DANGEROUS WEAPONS.
    http://www.legis.state.wv.us/wvcode/...?chap=61&art=7

    doesn't reveal any thing out of the norm or guidance on carrying in a vehicle w/ or w/o a permit.

    from WV state police site:

    Q. Is it lawful to carry weapons (e.g. rifles, shotguns, and pistols) in my vehicle when I travel in West Virginia?


    A. Individuals who possess a valid concealed carry permit may carry a concealed handgun in a motor vehicle for purpose of self defense only. West Virginia permits anyone who can lawfully possess a handgun to carry an unconcealed handgun. If you choose to carry an unconcealed handgun in your vehicle and are stopped by a law-enforcement officer, you must understand that that the weapon will immediately attract the attention of the police officer. The presence of the weapon may lead to action by the officer to ensure his or her safety such as the drawing of his or her weapon, ordering you from the vehicle, and/or performing a pat-down search. Weapons intended for hunting must be unloaded and in a case when transported in a vehicle. It is strongly recommended that, if you do not have a valid concealed carry permit, while traveling in a vehicle, that all firearms be unloaded and cased in a location in the vehicle that is not readily accessible to any of the occupants. Any ammunition should be stored in a separate location from the firearm.

    http://www.wvsp.gov/about/Pages/LegalDivisionFAQs.aspx

    therefore, from the nice state patrol's perspective you can call but you scared the bejesus out of them so they searched you under the guise of officer safety.

    there is no official WV state statute cite with the above and it is consider on the website as 'FAQ' legal opinions.

    enjoy.

    ipse
    I appreciate all the information and helping me clear this up I want to make sure I've got all the information I possibly can. Other than telling me I was wrong when according to their laws was totally incorrect he was a respectable officer.

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    Quote Originally Posted by mack_murray View Post
    [snip] he told me and that he could have arrested me and that I was doing something illegal by openly carrying my firearm.
    Was he saying he could have arrested you for open carrying or because you are under 21 and carrying? I would be willing to bet that if you were actually breaking a law, they would have arrested you. At the very least, if they were cutting you A LOT of slack, they wouldn't have waited for you to ask before informing you that you were breaking the law and they were taking it easy on you. I've been known to be wrong through.

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    Quote Originally Posted by mack_murray View Post
    So I was pulled over today for a non-related car issue by a WV State Trooper. When he approached he asked for my license and registration I informed him of my firearm (Glock 19) I was open carrying on my right hip. He asked my to step out of the vehicle frisked me and disarmed me. Not that is really a problem I don't want to make his job any worse. While I got off with a warning and my gun back when I asked the State Trooper and the accompanying officer if what I was doing was illegal they both said I was wrong and could have been arrested. Is there any validity to that claim? My gun is my own it is legal I am however under 21.
    The first clue is that you were not arrested.

    It is a very rare cop in this day and age who would pass up a chance to arrest someone.
    Last edited by Citizen; 11-27-2015 at 08:45 PM.
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    Quote Originally Posted by Citizen View Post
    The first clue is that you were not arrested. It is a very rare cop in this day and age who would pass up a chance to arrest someone.
    Like a fisher of men, they are not paid to throw them back. +1
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    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by Citizen View Post
    .....It is a very rare cop in this day and age who would pass up a chance to arrest someone.
    Whether or not if that citizen had done anything illegal. There is rarely any consequence for an arrest "because I wasn't sure what the law was (aka "I wanted to ruin that uppity citizen's day".)

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    Quote Originally Posted by mack_murray View Post
    I appreciate all the information and helping me clear this up I want to make sure I've got all the information I possibly can. Other than telling me I was wrong when according to their laws was totally incorrect he was a respectable officer.
    You have learned nothing Mr. OP. How can he be a "respectable officer" when he threatened to toss you into jail for something that he knew was not right to do?

    I would seek out and find a attny for any future issues you may have with this "respectable officer".

  15. #15
    Regular Member 2ndAmendmentMom's Avatar
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    Quote Originally Posted by mack_murray View Post
    So I was pulled over today for a non-related car issue by a WV State Trooper. When he approached he asked for my license and registration I informed him of my firearm (Glock 19) I was open carrying on my right hip. He asked my to step out of the vehicle frisked me and disarmed me. Not that is really a problem I don't want to make his job any worse. While I got off with a warning and my gun back when I asked the State Trooper and the accompanying officer if what I was doing was illegal they both said I was wrong and could have been arrested. Is there any validity to that claim? My gun is my own it is legal I am however under 21.
    As of June 12, 2015 you can open carry in your vehicle without a permit. They need to get versed on the laws and as they are changed they need to get up to date.

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