They Pulled My permit

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Hello,

I'm in Alabama and I have been ocw for 6 months now and I have had my permit pulled 2 times.

DETOUR

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Detour wrote:

Does anyone have any ides or thoughts on this

Thanks

DETOUR

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Find an attorney NOW....they had no cause under Alabama law to take your weapon without arresting you.

Section 15-5-31
Search for dangerous weapon; procedure if weapon or other thing found.

When a sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper has stopped a person for questioning pursuant to this article and reasonably suspects that he is in danger of life or limb, he may search such person for a dangerous weapon. If such officer finds such a weapon or any other thing, the possession of which may constitute a crime, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.

(Acts 1966, Ex. Sess., No. 157, p. 183, §2.)

Notice it states lawfully possessed...not lawfully carried..


You need to ask an attorney about this but, I don't think that a License can be confiscated without a written revocation notice from the issuing authority.



Come over and visit/join at http://forum.alabamagunrights.org/

Edit to add invite

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As the previous poster said, find an attorney. This should be an easy fix.

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MSgt G wrote:

As the previous poster said, find an attorney. This should be an easy fix.

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And might be lucrative (for you) as well!

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:what:Im sorry thats happened to you.

What the hell is it going to take for these guys to stop violating OUR rights!!!!!!!!!!!:cuss:

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If anyone was "alarming the public," it would have been the cops, not you. Everything was peaceful until they showed up.

I certainly congratulate you on your courage to open carry, but I did some problems:

1. You appeared to talk too much. Keep it simple and keep quiet. All you really need to say is, "Am I being detained?" The ball is then in their court. They will have to either arrest you or let you go. If they arrest you, it would be an unlawful arrest, and you can sue them later in court.

2. Showing them legal documents is a waste of time. Trust me, they don't care. The reason is that, most of the time, cops know OC is legal, so what's the point of proving it to them? They are harassing you, not because they're ignorant of the law, but because they're badge-heavy and have an "us against them" attitude. Forget trying to reason with them. Just ask if you're being detained and shut up.

3. I would NOT have showed them your CCW license. When I open carry, I do not even carry it with me. And if asked by a cop if I have a CCW license, I simply don't answer the question.

4. I saw no mention of you wearing a voice recorder. To be quite frank, I'm beginning to lose sympathy for folks who open carry and don't carry a recorder. (Yes, I know you shouldn't have to. But reality says you must.)

At any rate, get a good attorney ASAP.

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Detour WELCOME ABOARD.

First thanks for posting here. Your english may not be perfect but you will find everyone here struggle at time with Grammer and Spelling at times. Thanks for trying to spell out all the details and be as acurate as possible. I'm aware of the Good O'le Boy Government in that area.

I would suggest a few things.

First - you do need to contact an attourney.... but be selective. make sure you find one that is pro gun and will fight the issueand does not try and take advantage of you strictly out of monitary gain. (Be wary if they keep using the word settlement.)

Second - You need to decide what's important to you and how you want to proceed. You can either seek some monitary compensation and some assurance to be left alone... at least in your local area, Or you can decide to really make a statement about LEO's who trample citizen's rights and make up laws as they go along with NO FEAR of reprocussions. The Latter is what most of us would like to see... but that is a choice that only YOU can make. I'm sure i speak for everyone here in AL that we wish you the best and will do what we can to help

Consider this... your position is very unique. Where mathis basically had to sign away his right to sue the offending LEO to avoid prosecution for a bogus charge YOU DO NOT. If i understood correctly You now have your weapon, Your permit has been confiscated, and you have notbeen threatened with being charged nor been charged with any crime of mis-demeanor. You had several rights by 2 different agencies trampled on. You were unprofessionally embarrassed in public. You have an oppertunity to demand recourse from those agencies, and could probably get restraining orders against the two officers who basically harrassed you. (it is no coincidence that those two came to pick up your permit.)

As a side note, Put a lockable tool box in the back of your truck. With your gun unloaded and locked inside you can transport it.... then lock load and Open Carry. (I would wait to do this until some sort of suit has been filed. once it's public record LEO will think Thrice about hassling you for fear of being seen as intimidating you and obstructing justice)



Can you post copies of the documents you have? These would be very bennificial. I can help you get them scanned if you need. I look forward to meeting you next time i'm up around Guntersville.

If you decide to fight this and make a stand those serious about getting LEO Educated and Alabama Gun Owners Right's Protected will do everything we can to help and recruit more help... Up to now nobody (and reasonably so) want to have to get arrested to have a case. That's why your situation is unique. You have a case and can't be charged with anything as a retaliation to you filing suit!:celebrate:celebrate:celebrate

(See what i said about spelling and grammer? WHEW! Hope your head doesn't hurt after reading this)

Good luck and hope to hear from you soon!

Jared

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Cannot too strongly suggest that nothing more be posted here by the particpate.
Recommend that you edit/delete the specific information re the event.

Talk to the best attorney you can find and follow his instructions.
Future contact with advisors on OCDO should be outside of this public forum.

Just my big 2 cents worth.

Yata hey

PS - Give 'em hell !

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Grapeshot wrote:

Cannot too strongly suggest that nothing more be posted here by the particpate.
Recommend that you edit/delete the specific information re the event.

Talk to the best attorney you can find and follow his instructions.
Future contact with advisors on OCDO should be outside of this public forum.

Just my big 2 cents worth.

Yata hey

PS - Give 'em hell !

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+1 Grapeshot...as usual....good advice

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+1

Ever consideredmoving to Alabama? With all the progress in VA you'll be bored there soon!



:celebrate:celebrate:celebrateYATA HEY &YEEHAW!!!:celebrate:celebrate:celebrate

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OK... Thanks Comp Tech for the info and website. I will go and join any oneknow any good attorneys andI mean good ones

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denthack wrote:

+1

Ever consideredmoving to Alabama? With all the progress in VA you'll be bored there soon!

:celebrate:celebrate:celebrateYATA HEY &YEEHAW!!!:celebrate:celebrate:celebrate

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Is that a proposal? Course I would travel for an over-nighter.

Not likely to get bored as long as Danibus still lives anywhere in Va.

Get a full pot of coffee if you read all of this - http://tinyurl.com/3snxg3

And where we are today - http://tinyurl.com/4k6jw8 - progress, yes.

We do have our fair share of out-of-date politicians and local enforcement agents.

Come visit us and see how the other side lives.

Yata hey

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Ohio Patriot wrote:

If anyone was "alarming the public," it would have been the cops, not you. Everything was peaceful until they showed up.

I certainly congratulate you on your courage to open carry, but I did some problems:

1. You appeared to talk too much. Keep it simple and keep quiet. All you really need to say is, "Am I being detained?" The ball is then in their court. They will have to either arrest you or let you go. If they arrest you, it would be an unlawful arrest, and you can sue them later in court.

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Well... really allI got to say is yesI have ID and permit and please look at my paper work after he took my weapon. Keep in mind he was already in Captain D's whenI met my wife there. PlusI had already had taken the same paper work to his Department for them to get copys after already having 4 of there officers question me at the gas station on 4 different dates and those 4 look at them and sent me on my way.

So when outsideI almost was begging him to just look at my paper work and he would seeI had an agreement with the sheriffwhichI will try and post here when I find out how and also had the paper work the DA of my county told me to keep in my truck in case an officer was to question me. Its only when he said you come in here with shorts and teeshirt and alarm people and I ask who is alarmed Ive came in here ocw before he then said andI quote (well you got my attention). I said yes you are a LEO andI didnt know there was a dress code when ccw or ocw.Around that time is when he said im not going to argue with you im keeping this pistol and permit and i would have to see the Chief.

I was trying to avoid going to jail and just wanted him to look at my papers whichI really by law dont even need .Wantedto show thatI just didnt put on a weapon and thought I could just run around town. I researched and called allI knew to call and had copys and even wrote down everytime a cop even talked to me about this and what his or her action was and all were very polite and nice but the 2 that had my permit pulled on 2 different dates.

SoI thinkI have went above and way beyound what a person that ocw should have to do but maybe thats whyI havent been arrested along with the DA in this county knowing the law about ocw.

AnywayI hope what you had posted about talking to much was about that night and not here I knowI have wrote alot lol. But im so mad at the way they can just do what ever they want to get you to comply withwhat they think the law should be.

Thanks for the reply and if you know any good attorney please pass along info

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Grapeshot wrote:

Cannot too strongly suggest that nothing more be posted here by the particpate.
Recommend that you edit/delete the specific information re the event.

Talk to the best attorney you can find and follow his instructions.
Future contact with advisors on OCDO should be outside of this public forum.

Just my big 2 cents worth.

Yata hey

PS - Give 'em hell !

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Im not sure what you mean..didI post this in wrong place or is it that this should be private so certain people dont see it untillI have the issue resolved.

Do you meanI need to keep this event that night private tillI get an attorney

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Should or could I file a report or complaint on that Officer at his department and also file it on him at the county and maybe send a copy to the Alabama Bearue of investigation????

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Detour wrote:

Grapeshot wrote:

Cannot too strongly suggest that nothing more be posted here by the particpate.
Recommend that you edit/delete the specific information re the event.

Talk to the best attorney you can find and follow his instructions.
Future contact with advisors on OCDO should be outside of this public forum.

Just my big 2 cents worth.

Yata hey

PS - Give 'em hell !

Click to expand...

Im not sure what you mean..didI post this in wrong place or is it that this should be private so certain people dont see it untillI have the issue resolved.

Do you meanI need to keep this event that night private tillI get an attorney

Click to expand...

Talk in private to a good 2nd Amend attorney - you have a "cause celebre!"

IMO - If successful, you could change the face of the right to OC in Alabama and the circumstances would seem to support this.

Have you run this by Mike < link OCDo administrtor/moderator?

Yata hey

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Detour wrote:

Should or could I file a report or complaint on that Officer at his department and also file it on him at the county and maybe send a copy to the Alabama Bearue of investigation????

Click to expand...

Not yet - see above.

Yata hey

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Detour wrote:

Should or could I file a report or complaint on that Officer at his department and also file it on him at the county and maybe send a copy to the Alabama Bearue of investigation????

Click to expand...

Detour,

You're asking the wrong people. You need to engage and hire an Attorneyat law TODAY. Let me say that again. . . Hire them to represent you T.O.D.A.Y.

Your legal counsel will tell you what needs to happen and how to go about doing it. If you are not a person of means. . .see if he/she will represent you on a contingency basis dependent upon the court award for monetary damages; or based upon a percentage of the settlement offer the county makes to settle out of court. Ask if you should name each member of the Sherriff’s office you interacted with in the suit, the sheriff himself, the county or all of the above. Trust me. . .LEOs don’t want to have a lawsuit in their service jacket which will hinder their chances for promotion and comes back to haunt them at review time.

But of MOST importance; get professional Legal representation NOW!!!