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Thread: Sidearm Confiscated As Evidence By Metro; Assault w/ Deadly Weapon, NO paperwork, NO arrest.

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    Thank you.

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    Interesting report.

    If I were you, I'd erase the report, contact an attorney, and NOT TALK TO THE POLICE AGAIN. If the detective calls you, don't answer ANY QUESTIONS without an attorney.

    Whether charges are filed immediately or later is another matter entirely. Not being arrested on scene doesn't mean you won't/can't be arrested later.

    As for getting back any seized property, I'm afraid it looks like you'll have to wait for a disposition on the charges. An attorney may be able to help you demand the immediate return of the property if the delay is excessive.

    Unfortunately, making a statement to police is an unwise choice in most circumstances, but most certainly when you're stopped at gun point under such serious conditions.

    Unless arrested, they don't have to read a Miranda warning to you, so it's up to you to know your rights. "Everything you say CAN and WILL be used AGAINST you." What the warning fails to include is "and NOTHING you say can be used to HELP you." And since anything you say WILL hurt you and WON'T help you, there is no good reason whatsoever to make a statement.

    I am not a lawyer and nothing I've said should be construed as legal advice. You should contact an attorney right away to discuss your legal options.

    Tim

    By the way, I tend not to believe your story entirely either. Perhaps there are missing details, which I hope you DO NOT post for your own sake. I find it difficult to believe that a person would call the police to report assault with a deadly weapon if they hadn't actually seen a weapon, and at 115 miles per hour, noticing a holstered weapon, retrieved from a glove box, through tinted glass, seems like a stretch.

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    Tex,

    IANAL, but if I were you:

    1) Erase this report.

    2) Get a lawyer

    3) Do not talk to police.

    Simple steps.

    I don't have any Nevada experience, but often what I have seen is the prosecutor using the return of the firearm will be a bargaining chip.


    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Tex,

    Please accept this reply as constructive criticism and not as a show of favoritism to you, LVMPD, or the driver of the other vehicle. I am currently in the Law Enforcement field and have 16 years of service as a Police Officer in 2 different states.

    You, although not the aggressor, put yourself into this bad situation. At the point and time you were cut off by the SUV, you should have let the situation be done with. You actually became the aggressor by following after the other vehicle. Had you not followed the other vehicle, at an excessive speed (which you admitted to in this post) and not have brandished your weapon, you wouldnt have been pulled out at gun point, handcuffed and treated like crap by Las Vegas' so called finest.

    Here are my suggestions to you.
    First, if possible, remove your post from this site or any other you have posted on. This post could be used against you and will be used against you should it be located by anybody involved in this case.

    Second, DO NOT SPEAK TO ANY OTHER LAW ENFORCEMENT OFFICER about anything to do with this case prior to retaining an attorney. The saying 'Anything you say can and will be used against you in a court of law." is not just a line used in TV and big screen. The police or detectives ARE NOT your friends. They will appear to be to get the information they want to use against you! Retain an attorney and speak only to that person or anybody the Attorney tells you to. Assualt With Deadly Weapon (AWDW) is a serious charge. What you have posted so far may be enough for the DA to move forward on. YOU DONT WANT THAT.

    Third, the street patrol officers are to treat you as they expect to be treated, under normal circumstances. With you being detained, they had no right to degrade or slander you. An option is to file and INTERNAL AFFAIRS COMPLAINT against the officers. But you know as well as any other citizen of Las Vegas, that complaint will go nowhere. To have the complaint filed correctly and have a chance of being dealt with properly, you should have the attorney that you retain file the complaint for you. This way, you dont incriminate yourself (like you already did in this post)

    Forth, get the thought of getting your side arm back soon completely out of your head. That firearm will remain locked up until the case has been settled and any chance of appeal has passed. This could take anywhere from a couple of years to decades, depending on all the circumstances involved.

    Lastly, at the time you were stopped, were you ever given the Miranda? If not, that is a big plus in your case. If so, from this point on, when asked a question by ANY LAW ENFORCEMENT OFFICIAL, your response should be "TALK TO MY ATTORNEY!"

    Tex, keep in mind. This city is full of **** heads. You met a few of them today. One behind the wheel of an SUV and the others behind the wheel of a black and white. Be smarter then the **** head. Dont stoop to the **** heads level of mentality. Learn from this mistake and dont fall into the trap the next time you have to deal with a **** HEAD.

    COPGONZO


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    TxRedMan wrote:
    Wow, hard to resist armchair-QBing this little yarn. No offense, but before the above did you actually stop and think "what is the stupidest thing I can do right now?"

    - Remove your post.

    - Don't talk to the police without a lawyer.

    - If this ever happens again (or happens for a first time...), slow down and let the idiot pull away from you while you call the police with vehicle description and license plate.

    EDIT: Quote deleted at original poster's request.

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    Thank you all for the responses. I wont speak with any law enforcement without the presence of an attorney.



    To the poster who quoted me, please delete or edit your post. I would appreciate it.



    I have zero peace of mind about this. I was told by one of the officers that the driver of the other vehicle said I did not unholster my weapon. Does this bear any significance? Or should I just quit asking questions?



    Again, Thank You.



    -Tex





















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    This is why we can't have nice things.

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    TxRedMan wrote:
    Thank you all for the responses. I wont speak with any law enforcement without the presence of an attorney.Does this bear any significance? Or should I just quit asking questions?

    Again, Thank You.



    -Tex

    The best person to ask that question is your attorney. The attorney will advise you properly.

    If it were me, I would calmly gather my thoughts, recollect everything as clearly as possible, and put it into a proper form to present to the mentioned attorney. The sooner the better. Each hour will likely diminish your recollection of the tidbits such as you mentioned above that may assist your attorney in any subsequent legal activities.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    wrightme wrote:
    TxRedMan wrote:
    Thank you all for the responses. I wont speak with any law enforcement without the presence of an attorney.Does this bear any significance? Or should I just quit asking questions?

    Again, Thank You.



    -Tex

    The best person to ask that question is your attorney. The attorney will advise you properly.

    If it were me, I would calmly gather my thoughts, recollect everything as clearly as possible, and put it into a proper form to present to the mentioned attorney. The sooner the better. Each hour will likely diminish your recollection of the tidbits such as you mentioned above that may assist your attorney in any subsequent legal activities.

    I hired an attorney today on retainerand met w/ and gave long report of what happened.



    I'm done honking my horn in this town. Seriously. It leads to road rage.

    My attorney thinks that depending on the other persons report that this will not be pursued, but that the city of Las Vegas takes any gun related incident extremely seriously. Given the reasons I decided to practice open carry, I understand why they take these things as seriously as they do. The crime here is unreal. I am not taking any chances though. Hence the attorney and that my attorney will be present when I speak with a detective, but there's a chance it might not even reach that point, but then again it's also possible it could reach the DA, there's just no way to tell at this point.



    My onlyunknown concernis that I was advised by LVPD Firearm Detail on how to open carry in my vehicle. Apparently there is a gray area within the law and the department itself, as I was told my Firearm Detail I could carry my sidearm in my glovebox, but apparently the law says you cannot conceal your firearm on or about your person....Which leads to the ability for a DA orJudge to use their discretion on what "on or about" really means.I was told by one of the officers that I could not carry my firearm in the glovebox, which surprised me, because I was also told by Firearms Detail I could carry on my dash, on my passenger seat, or under my seat, just not in something likea backpack. Honestly, given protocol for blue card carriers, keeping it in the glovebox seems appropriate, or am I wrong? If during a normal traffic stop an officer walks up to the car and sees a hand gun in the front seat you might be held at gun point asap, where as when it is in the glovebox you would have time to hand the officer your ID and blue card and tell him where your sidearm is located and he could simply ask you to exit the car in order to protect his own safety and avoid the situation that would occur if he saw a handgun lying on the passenger seat.



    Can anyone direct me to a book on Nevada gun law? I'm from Texas and am well versed with Texas gun law, but unfortunately I do not know as much as I should wrt Nevada gun law. Any current reading material that I could be directed to would help since I spend a fair amount of time in this state.





    Again, Thanks to the board for the replies. And to the one poster who replied earlier...I don't have anytint on my windows, hence the ease in seeing into my vehicle.


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    Many cops are ignorant of the law. I would never trust the word of a police officer as to what the law says. Most don't know. Others will lie trying to persuade you to obey their opinion.

    Don't take my word or anyone else's word for it. Read the law yourself and understand it.

    Most of the gun laws can be found online at http://www.leg.state.nv.us/Nrs/NRS-202.html

    The one you're probably interested in most, based on your question, is NRS 202.350. I'll post that here for your convenience, but I do suggest you go to the above link to read them all.



    NRS 202.350 Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions. 1. Except as otherwise provided in this section and NRS 202.355 and 202.3653 to 202.369, inclusive, a person within this State shall not:
    (a) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;
    (b) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law;
    (c) With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or
    (d) Carry concealed upon his person any:
    (1) Explosive substance, other than ammunition or any components thereof;
    (2) Dirk, dagger or machete;
    (3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
    (4) Knife which is made an integral part of a belt buckle.
    2. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of:
    (a) Paragraph (a) or (c) or subparagraph (2) or (4) of paragraph (d) of subsection 1 is guilty:
    (1) For the first offense, of a gross misdemeanor.
    (2) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
    (b) Paragraph (b) or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
    3. Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this State the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.
    4. Except as otherwise provided in subsection 5, this section does not apply to:
    (a) Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this State, whether active or honorably retired, or other appointed officers.
    (b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.
    (c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.
    (d) Members of the Armed Forces of the United States when on duty.
    5. The exemptions provided in subsection 4 do not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.
    6. The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.
    7. This section shall not be construed to prohibit a qualified law enforcement officer or a qualified retired law enforcement officer from carrying a concealed weapon in this State if he is authorized to do so pursuant to 18 U.S.C. § 926B or 926C.
    8. As used in this section:
    (a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.
    (b) “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees’ Retirement System. A former peace officer is not “honorably retired” if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.
    (c) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
    (d) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
    (e) “Qualified law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926B(c).
    (f) “Qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926C(c).
    (g) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.
    (h) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocketknife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release.
    (i) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.



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    TxRedMan wrote:
    wrightme wrote:
    TxRedMan wrote:
    Thank you all for the responses. I wont speak with any law enforcement without the presence of an attorney.Does this bear any significance? Or should I just quit asking questions?

    Again, Thank You.

    -Tex
    The best person to ask that question is your attorney. The attorney will advise you properly.

    If it were me, I would calmly gather my thoughts, recollect everything as clearly as possible, and put it into a proper form to present to the mentioned attorney. The sooner the better. Each hour will likely diminish your recollection of the tidbits such as you mentioned above that may assist your attorney in any subsequent legal activities.

    I hired an attorney today on retainerand met w/ and gave long report of what happened.

    I'm done honking my horn in this town. Seriously. It leads to road rage.
    No, others with anger management problems have road rage. Horns may give them a stimulus for their actions, but horns do nor force others to act.

    My attorney thinks that depending on the other persons report that this will not be pursued, but that the city of Las Vegas takes any gun related incident extremely seriously. Given the reasons I decided to practice open carry, I understand why they take these things as seriously as they do. The crime here is unreal. I am not taking any chances though. Hence the attorney and that my attorney will be present when I speak with a detective, but there's a chance it might not even reach that point, but then again it's also possible it could reach the DA, there's just no way to tell at this point.



    My onlyunknown concernis that I was advised by LVPD Firearm Detail on how to open carry in my vehicle. Apparently there is a gray area within the law and the department itself, as I was told my Firearm Detail I could carry my sidearm in my glovebox, but apparently the law says you cannot conceal your firearm on or about your person....Which leads to the ability for a DA orJudge to use their discretion on what "on or about" really means.I was told by one of the officers that I could not carry my firearm in the glovebox, which surprised me, because I was also told by Firearms Detail I could carry on my dash, on my passenger seat, or under my seat, just not in something likea backpack. Honestly, given protocol for blue card carriers, keeping it in the glovebox seems appropriate, or am I wrong? If during a normal traffic stop an officer walks up to the car and sees a hand gun in the front seat you might be held at gun point asap, where as when it is in the glovebox you would have time to hand the officer your ID and blue card and tell him where your sidearm is located and he could simply ask you to exit the car in order to protect his own safety and avoid the situation that would occur if he saw a handgun lying on the passenger seat.

    Open Carry is lawful activity in Nevada. Currently, Clark County, Metro, may have limited statute that specifies differently, as may NLV or other entities in that area. AFAIK, loaded or unloaded in a holster is legal open carry in Nevada, on the seat is open, and unless denied by specific statute, should also be completely legal.

    Can anyone direct me to a book on Nevada gun law? I'm from Texas and am well versed with Texas gun law, but unfortunately I do not know as much as I should wrt Nevada gun law. Any current reading material that I could be directed to would help since I spend a fair amount of time in this state.

    Again, Thanks to the board for the replies. And to the one poster who replied earlier...I don't have anytint on my windows, hence the ease in seeing into my vehicle.
    Know the law. Multiple discussions about blue card are in this forum. From what I recall, you are not required by statute to present your blue card to metro during a stop. IANAL, but that information should be available in Clark County statute. I believe there are also some discussions upon auto storage, and I am sure it is written into the statute, but do not know where at present.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    wrightme wrote:
    Know the law. Multiple discussions about blue card are in this forum. From what I recall, you are not required by statute to present your blue card to metro during a stop. IANAL, but that information should be available in Clark County statute. I believe there are also some discussions upon auto storage, and I am sure it is written into the statute, but do not know where at present.
    Actually, the statute, posted below, is silent on carrying the registration card. In fact, the registration card is never mentioned period. It's more like a "receipt" that you registered, nothing more.




    Link to Clark County Municipal Code

    http://library6.municode.com:80/1183...infobase=16214

    12.04.110 Registration of pistols within seventy-two hours.

    Any resident of the county receiving title to a pistol, whether by purchase, gift, or any other transfer, and whether from a dealer or from any other person, shall, within seventy-two hours of such receipt, personally appear at the county sheriff’s office, together with the pistol, for the purpose of registering the same with the sheriff. It shall be the duty of the sheriff to register the pistol, and he may, and is hereby authorized to cooperate in any manner he sees fit with other law enforcement agencies, and with licensed dealers, relative to registration of pistols, so that efficient registration shall be secured at minimum cost and duplication. (Ord. 3571 §3, 2007: Ord. 242 §11, 1965)


    12.04.200 Registration of firearms capable of being concealed.

    It is unlawful for any person with at least sixty days of residency in the county to own or have in his possession, within the unincorporated area of Clark County, a pistol or other firearm capable of being concealed, unless the same has first been registered with the sheriff or with a police department of any of the incorporated cities of Clark County. (Ord. 3571 §4, 2007: Ord. 242 §20, 1965)

    12.04.220 Penalty for violation of Sections 12.04.010--12.04.210.

    Any person who violates any of the provisions of Sections 12.04.010 through 12.04.210 is guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for a term not to exceed six months or by a fine of not to exceed five hundred dollars, or by both. (Ord. 242 § 23, 1965)

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    timf343 wrote:
    wrightme wrote:
    Know the law. Multiple discussions about blue card are in this forum. From what I recall, you are not required by statute to present your blue card to metro during a stop. IANAL, but that information should be available in Clark County statute. I believe there are also some discussions upon auto storage, and I am sure it is written into the statute, but do not know where at present.
    Actually, the statute, posted below, is silent on carrying the registration card. In fact, the registration card is never mentioned period. It's more like a "receipt" that you registered, nothing more.

    Link to Clark County Municipal Code

    http://library6.municode.com:80/1183...infobase=16214

    12.04.110 Registration of pistols within seventy-two hours.

    Any resident of the county receiving title to a pistol, whether by purchase, gift, or any other transfer, and whether from a dealer or from any other person, shall, within seventy-two hours of such receipt, personally appear at the county sheriff’s office, together with the pistol, for the purpose of registering the same with the sheriff. It shall be the duty of the sheriff to register the pistol, and he may, and is hereby authorized to cooperate in any manner he sees fit with other law enforcement agencies, and with licensed dealers, relative to registration of pistols, so that efficient registration shall be secured at minimum cost and duplication. (Ord. 3571 §3, 2007: Ord. 242 §11, 1965)


    12.04.200 Registration of firearms capable of being concealed.

    It is unlawful for any person with at least sixty days of residency in the county to own or have in his possession, within the unincorporated area of Clark County, a pistol or other firearm capable of being concealed, unless the same has first been registered with the sheriff or with a police department of any of the incorporated cities of Clark County. (Ord. 3571 §4, 2007: Ord. 242 §20, 1965)

    12.04.220 Penalty for violation of Sections 12.04.010--12.04.210.

    Any person who violates any of the provisions of Sections 12.04.010 through 12.04.210 is guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for a term not to exceed six months or by a fine of not to exceed five hundred dollars, or by both. (Ord. 242 § 23, 1965)
    Thus, carrying or presenting is not required by statute.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Also, if I recall correctly, the only mention of automobiles and firearms in state laws are hunting (no loaded long guns in the vehicle while hunting) & juvenile learner permits (conviction of a juvenile for underage possession of a firearm is grounds to deny/delay turning a learner permit into a driver license)...

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    Maybe some anger management classes?
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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