imported post
N6ATF wrote:
But back on topic, just saw episode 7 which originally aired Dec. 23, where they take away a black 20-year-old's lawfully owned, non-crime-evidence gun. They were specific on possession, though I wonder if that was shorthand, and really meant "loaded unlocked possession in the glovebox or under the seat of a car without a concealed weapon permit" - if that's even a "crime" in LA. What was telling though was he wasn't charged with any crime. Maybe he turned 21 and got a permit, so the DA figured it wasn't in the interest of justice to prosecute? They should have said if he got his stolen gun back too, but didn't.
No, you got the idea but the laws are a bit different here. I'll break it down some.
It was a seatbelt violation that got them pulled over. Now at that point it was just a minor ticket offence. But the LEOs were fishing for something bigger. They weren't just going to write a ticket for No Seatbelt in a Moving Vehicle.
The LEOs had them up against the car and asked it there were any drugs or guns in the car. Right there the driver/owner should have declined the search. He could have stood up for his right to ask for a reason for the search but he didn't. Maybe he was intimidated by all the LEOs plus the camera crew in his face.Maybe, being a young man raised on rap music and reruns of Law & Order (I know I bash L&O a lotin these forums but damn I hate that show) he simply didn't know his rights. Whatever the reason he answered "NO" to having a gun and drugs and allowed the search.
Then the LEOs find his gun. Keep in mind that here in Louisiana we don't have to have our guns unloaded or locked in the trunk or visible or not. Some peole use the popular phrase "your vehicle is an extension of your home" which isn't entirely acurate but basically means that if it's legal to carry in your home that way it's legal in your car. You can have it loaded or unloaded. Concealed under the seat or swinging from the rearview mirror. Whatever. So he' wasn't breaking any law there. He was stupid for saying "No, I don't have a gun" then allowing a search of his vehicle but it still wasn'tbreaking any laws.
Now Steven Seagall and his buddies have the gun. They run the numbers and it doesn't come back stolen. The driver claims it and says it was gifted to him.At that point the gun should have been returned to him.
Now is where the theft under color of lawbegins. See, here in Louisiana you have to be 21yo topurchase a gun from a FFL dealer but you can legally own one at 18yo. So for your 18th birthday your uncle can give you his Glock 17 and you can load it up and strap it to your belt in a nice holster and walk around town with it. You can also place the same, loaded gun anywhere you want in your car. Nothing illegal about it at all. But that's not what the JPSO deputies wanted to believe. Whether they knew the facts or, like homey up against the car, they learned everything about the law from Hollywood, they started talking out their asses.
They said, in front of a camera crew, on national TV that the law said that you have to be 21 to have a gun. They insisted on it. They guy was 20yo and it was perfectly legal but they lied to him or were to stupid to know that they were lieing to him. They played nice and said that they would hold onto the gun for him to keep him out of trouble. At that point they had stolen his property. It was no different than if they had showed up in his driveway, promissed to do some yard or roof work then took off with his downpayment for the work. They took advantage of his ignorance and/or intimidated him enough that he gave up the pistol and counted himself lucky for not getting arrested. Of course, if they had arrested him, like they did Mark, then they would have probably been buying homie a new motorcycle about now.
What was really bad to me is that after they robbed the guy of his property he asked Seagal for his autograph and was sucking up to him. He was so ignorant of the fact that those cops had just pulled a fast one and taken his gun when he was doing nothing more than driving with out having a seatbelt on.
It's my hope that homie finds out about this and sues the JPSO and Mr Seagal for theft under color of law and in the process educates other LEOs of the laws which they ware suppossed to already know.
Sorry for the long post but I hope that cleared some things up.