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Thread: got in trouble for OC

  1. #1
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    I got pulled over for 51 in a 45, gave the cop my information (with military ID card) and informed him i was carrying. he didnt think to much of it until he came back from running my name, told me to get out of the car and put my hands on the hood. he took my 1911 out of my holster and said "what the hell do you think your doing" when i asked what he said "your 17 your not supposed to be carrying a firearm."

    Even though i had a note from my dad saying its ok he insisted that i put it back in the case and not OC until i am 18. the only reason he gave me back my pistol and let me go was because im in the army:celebrate

    So since the federal law says you have to be 18 to possess a handgun, i guess im going with the ak for a couple months:P

    Best part of all that was, i didnt even get a ticket. i love the cops in Arizona

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    Better go back and tell your Sargent that you can't have a gun for a few months either -- how stupid. It just makes me crazy how utterly stupid the gun laws have become.

    Thank you for your service to me, my family and the country.

  3. #3
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    HankT wrote:
    You're going to OC an AK for a couple of months?
    You can OC long guns in Arizona. It's not common, but it I see it sometimes.

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    r6-rider wrote:
    "your 17 your not supposed to be carrying a firearm."

    Even though i had a note from my dad saying its ok he insisted that i put it back in the case and not OC until i am 18...
    What federal law is this????

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    r6-rider wrote:
    I got pulled over for 51 in a 45, gave the cop my information (with military ID card) and informed him i was carrying. he didnt think to much of it until he came back from running my name, told me to get out of the car and put my hands on the hood. he took my 1911 out of my holster and said "what the hell do you think your doing" when i asked what he said "your 17 your not supposed to be carrying a firearm."

    Even though i had a note from my dad saying its ok he insisted that i put it back in the case and not OC until i am 18. the only reason he gave me back my pistol and let me go was because im in the army:celebrate

    So since the federal law says you have to be 18 to possess a handgun, i guess im going with the ak for a couple months:P

    Best part of all that was, i didnt even get a ticket. i love the cops in Arizona
    You're lucky. The only exemption a note from your dad gives you is for one of the following:

    1. Engaged in lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
    2. Engaged in lawful transportation of an unloaded firearm for the purpose of lawful hunting.
    3. Engaged in lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for the purpose of shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
    4. Engaged in activities requiring the use of a firearm that are related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities.
    sadly, the penalty should have been:

    C. If the minor is not exempt under subsection B and is in possession of a firearm, a peace officer shall seize the firearm at the time the violation occurs.
    I say sadly, because I believe anyone who serves our country should be automatically exempted. Count yourself lucky, you could have lost your weapon.

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  7. #7
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    r6-rider wrote:
    So since the federal law says you have to be 18 to possess a handgun,
    Say what? What federal law? I know of no such law. Heck, there isn't even a state law that says that.

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    US Code Title 18 Section 922

    (x)(1) It shall be unlawful for a person to sell, deliver, or
    otherwise transfer to a person who the transferor knows or has
    reasonable cause to believe is a juvenile -
    (A) a handgun; or
    (B) ammunition that is suitable for use only in a handgun.
    (2) It shall be unlawful for any person who is a juvenile to
    knowingly possess -
    (A) a handgun; or
    (B) ammunition that is suitable for use only in a handgun.


    (4) A handgun or ammunition, the possession of which is
    transferred to a juvenile in circumstances in which the transferor
    is not in violation of this subsection shall not be subject to
    permanent confiscation by the Government if its possession by the
    juvenile subsequently becomes unlawful because of the conduct of
    the juvenile, but shall be returned to the lawful owner when such
    handgun or ammunition is no longer required by the Government for
    the purposes of investigation or prosecution.

    (5) For purposes of this subsection, the term "juvenile" means a
    person who is less than 18 years of age.

  9. #9
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    Quote Originally Posted by VtCO
    Say what? What federal law? I know of no such law. Heck, there isn't even a state law that says that.

    ARS 13-3111

    A. Except as provided in subsection B, an unemancipated person who is under eighteen years of age and who is unaccompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the unemancipated person's parent or guardian, shall not knowingly carry or possess on his person, within his immediate control, or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property owned or leased by the minor or the minor's parent, grandparent or guardian.
    Exemptions as noted in my previous post. r6-rider was not permitted under Arizona Revised statutes either.

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    yea i count myself lucky too. it was just ironic because i was coming back from drill and we all had to re-qualify with our rifles again lol i think being in full ACUs probly helped my situation though. i talked to my platoon Sgt, he said im only legal to possess a firearm when on the the clock but i cant find this law

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    i wish, theres only 2 ways that goes. im just trying to confirm the law

    1. Sgt is right
    2. Sgt is wrong...if so refer back to rule 1

    but no i dont really need to carry an ak around everywhere i go, im just going to get a locked stand in my trunk and put it in that

  12. #12
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    You got pulled over for going 6 over. Yeah I call BS

  13. #13
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    ok? he said the speed limit was 45 and clocked me at 51 i dont know what to tell ya man, believe it or not i guess. he was campin on the side of the road it wasnt like he was just cruisin or anything

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    A. Except as provided in subsection B, an unemancipated person who is under eighteen years of age and who is unaccompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the unemancipated person's parent or guardian, shall not knowingly carry or possess on his person, within his immediate control, or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property owned or leased by the minor or the minor's parent, grandparent or guardian.
    Since he's in the military, I'd say he is no longer unemancipated.

  15. #15
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    that was the one exception I was thinking. However, emancepated involves a court order I believe.

  16. #16
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    I take it you're NG or Reserve. If you are NOT in an 'active' capacity, in uniform... you are forbidden to be under arms no matter where you are. That deputy cut you a whole mile of slack. You cannot OC 'til you're 18... You cannot beararms while in uniform unlees such arms are issued and YOU are under orders to do so. It's not a carte blanche situation. When you turn 18 and want to OC... get outta that war suit before you do it. Take that from a retired Navy Petty Officer (Sr. NCO type).

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    NavyLT wrote:
    HankT wrote:
    NavyLT wrote:
    BTW, Can I ask why you would open carry an AK in Arizona at the age of 17?
    A scan of his profile and topics started might illuminate...
    I am just asking because it would be a felony for him to open carry an AK in Arizona at 17 years of age. He's lucky he didn't get kicked out of the military for his actions.
    What statute triggers a felony for carrying an AK (presumably a semi-auto clone) style rifle?

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    NavyLT wrote:
    Good point, Sonora Rebel. It's actually against regulations to at least open carry in uniform, unless officially authorized, because a gun is not an authorized uniform component. Not sure about concealed....interesting thought.....
    Cite to authority - in this case, applicable military regulation.

  19. #19
    Regular Member Sonora Rebel's Avatar
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    Bearing arms concealed (in uniform) is a Violation of Geneva Conventions. 'Pretty sure NCIS (et al) military LEO's can do it pursuant to covert investigations but not in 'uniform'. I was stationed at MCAS Yuma for a time... and ONLY OC'd in civvies. I left my pistol with a local bar owner... no personal firearms aboard MCAS Yuma... unless you wanted to check them in/out... 'Can't remember who/what/where... but it was such a hassle I never played 'Mother-May-I?' with the CDO/OOD/JOOD/PROVO/MAA. (If you're really a Navy LT... you know how that works.) That's been about 40 years ago.

    I drove off station with the empty gunbelt 'n holster inna bag... then picked up my pistol and loaded mags 'bout 3 miles down the road. (Yuma has changed much since then). Once in 'crab clothes'... I was indistinguishable from the local'cowboys'. More people OC'd back then than now.

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    NavyLT wrote:
    Emancipated means by court order.
    Not so sure - this would be a state law determination under AZ common law. Don;t have to time to research right now, but I bet AZ common law probably recognizes constructive emancipation.

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    like_the_roman wrote:
    US Code Title 18 Section 922

    (x)(1) It shall be unlawful for a person to sell, deliver, or
    otherwise transfer to a person who the transferor knows or has
    reasonable cause to believe is a juvenile -
    (A) a handgun; or
    (B) ammunition that is suitable for use only in a handgun.
    (2) It shall be unlawful for any person who is a juvenile to
    knowingly possess -
    (A) a handgun; or
    (B) ammunition that is suitable for use only in a handgun.


    (4) A handgun or ammunition, the possession of which is
    transferred to a juvenile in circumstances in which the transferor
    is not in violation of this subsection shall not be subject to
    permanent confiscation by the Government if its possession by the
    juvenile subsequently becomes unlawful because of the conduct of
    the juvenile, but shall be returned to the lawful owner when such
    handgun or ammunition is no longer required by the Government for
    the purposes of investigation or prosecution.

    (5) For purposes of this subsection, the term "juvenile" means a
    person who is less than 18 years of age.
    922(x) is probably unconstitutional under Lopez. The AZ statute is valid of course.

  22. #22
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    wow i got pretty lucky huh haha. thank you for the info guys i appreciate it, i have cheated death it appears and i will take that as a very good lesson learned. only 2 more months then and that pistol is going right back on my hip (but not while in uniform of course)

    still sucks that military isnt exempt from alot of laws and rules though

  23. #23
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    Mike wrote:
    NavyLT wrote:
    Good point, Sonora Rebel. It's actually against regulations to at least open carry in uniform, unless officially authorized, because a gun is not an authorized uniform component. Not sure about concealed....interesting thought.....
    Cite to authority - in this case, applicable military regulation.
    OH Pul-EEEEZ! Spare us the 'Cite' nonsense. There's so many levels of Military Regs from DoD to local Command you'd need a library. The 'Armed Forces' are the least armed individuals you can think of. Ya gotta have a 'carry chit' for a freakin' folding knife now fer God's sake. Every Command posts 'Uniform of the Day' in the 'Plan of the Day' or equiv. If it ain't there... you don't wear it. That could include gloves even in sub-zero if the CO or whoever didn't include it. There's NO latitude. You wear what 'n where and even certain times as prescribed. "Only time you will bear arms is when on armed watch (guard) and it will not be a personal weapon. It's issued at the assumption of the watch ortransferred over to the relief. In a combat zone... it 'may' be issued to the individual... and 'turned in' to the issuing authority when rotating out... if it's not Command property. Even in combat zones, personal weapons are often not allowed to be carried off duty. Command decides who, what. where 'n when. BTDT! Arms (as any equippage) are issued for a purpose... Your personal safety ain't normally one of 'em.

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    r6-rider wrote:
    )
    still sucks that military isnt exempt from alot of laws and rules though
    Yeah, it's a damn shame that members of the military aren't given special privileges over mere civilians like myself, who would otherwise be arrested and branded as a felon for illegally carrying a loaded handgun.

  25. #25
    Regular Member Sonora Rebel's Avatar
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    The military is subject to even more 'laws' and regulations than civilians. (This is a good thing!)

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