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Thread: Quick help....

  1. #1
    Regular Member Jero1987's Avatar
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    Sorry if its already been posted. I couldn't find it.I got pulled over for speeding today and the cop took my firearm from me and ran the serial number in his car. Is he legally allowed to take my firearm without my permission on a speeding stop?

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    Founder's Club Member - Moderator ed's Avatar
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    Jero1987 wrote:
    Sorry if its already been posted. I couldn't find it.I got pulled over for speeding today and the cop took my firearm from me and ran the serial number in his car. Is he legally allowed to take my firearm without my permission on a speeding stop?
    Yes. Unfortunately, LEOs are legally allowed to temporarily seize firearms during traffic stops for officer safety, regardless of consent.
    Carry On.

    Ed

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    Regular Member Jero1987's Avatar
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    He pulled me over.
    He looked into the window and I believe he saw my gun on my right hip. I informed the officer,
    "Sir I would like to imform you I have a CHP and I have a firearm."
    He asked me to step out of the car and pushed me up against the car and reached down and took my gun and my knife.
    I set it on the trunk and asked me to get back in the car.
    He took my gun and knife back to the car and called for backup. It looked as if he radioed in my gun.


  4. #4
    Regular Member Jero1987's Avatar
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    I asked him what the reason for him to be taking my gun and he said "officer safety".
    He also said I should be happy he didnt throw me out of the vehicle.

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    Regular Member Jero1987's Avatar
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    I have a voice recording (i hope) and ill try to upload it later tonight.

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    Founder's Club Member - Moderator ed's Avatar
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    Jero1987 wrote:
    I have a voice recording (i hope) and ill try to upload it later tonight.
    new advice.. talk talking and call a lawyer.

    Try Mark Mathews 804-339-6138 or

    Dan Hawes (540) 347-2430
    Carry On.

    Ed

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    Do you think he would have treated you better had you not notified him, what agency? Did he give a lecture of some sort? We need ALL the details!

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    Founder's Club Member - Moderator ed's Avatar
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    Jero1987 wrote:
    He pulled me over.
    "Sir I would like to imform you I have a CHP and I have a firearm."
    Carry On.

    Ed

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    Regular Member SouthernBoy's Avatar
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    Jero1987 wrote:
    I asked him what the reason for him to be taking my gun and he said "officer safety".
    He also said I should be happy he didnt throw me out of the vehicle.
    Is he a county or town LEO?

    Either way, make his life miserable. He has no business doing this to you. And his remark is absolutely unconscionable and smacks of abuse of authority. Get his ass.

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    The last time I was stopped for a traffic violation if you can call it that. He said I went over the white line onto the shoulder so he wanted to make sure I wasn't driving under the influence. Anyway, when I informed him I was carrying he asked me to step out of the car. I let him know that I did not consent to any searches. He told me he wasn't searching the vehicle. He just got the gun and took it back to his car I guess to run the numbers. I set for what felt like forever. Finally he came back with my license and the gun and told me everything was fine and that they were having computer problems which was why it took so long. I figured this was probably legal but really didn't and still don't know. Can you tell them they can't take your gun? Or do you not have that right? This question kind of sparked my interest as I wonder what your rights really are.

    However, the experience I had with this went fine. I didn't have him telling me I was lucky he didn't throw me out of the vehicle or anything like that. He was super polite the whole time and good to deal with. I was actually glad to see they were checking for drunk drivers.


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    hometheaterman wrote:
    The last time I was stopped for a traffic violation if you can call it that. He said I went over the white line onto the shoulder so he wanted to make sure I wasn't driving under the influence. Anyway, when I informed him I was carrying he asked me to step out of the car. I let him know that I did not consent to any searches. He told me he wasn't searching the vehicle. He just got the gun and took it back to his car I guess to run the numbers. I set for what felt like forever. Finally he came back with my license and the gun and told me everything was fine and that they were having computer problems which was why it took so long. I figured this was probably legal but really didn't and still don't know. Can you tell them they can't take your gun? Or do you not have that right? This question kind of sparked my interest as I wonder what your rights really are.
    What he did, to you and the OP, was an illegal search and seizure.

    Be informed and most importantly don't let them get away with it.

    OP: Get in touch with an attorney, FOIA the dashboard cams, radio chatter, computer chatter, file a formal complaint.

    However, the experience I had with this went fine. I didn't have him telling me I was lucky he didn't throw me out of the vehicle or anything like that. He was super polite the whole time and good to deal with. I was actually glad to see they were checking for drunk drivers.
    Please tell me that after realizing that your rights were truly trampled on that you are angered. Complacency with behavior like this from law enforcement is not good.

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    Regular Member Jero1987's Avatar
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    gador: State police. As far as lecture, the backup cop that showed up said if it was him who pulled me over, the minute he saw my gun he would have thrown me out of the car. The cop who pulled me over also said that when his lights turn on I am under arrest and when driving through his county in virginia, you better expect he will take my gun. (Heads up for anyone driving through campbell county.)

    ed: The whole reason I told him I had it was because he leaned in and his eyes got WIDE. Yeah I saw that article too, but I felt it good judgment at the time to inform him.

    I am not angry, I am just very upset my rights were violated. Ill be taking eds advice and calling a lawyer.

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    Regular Member Marco's Avatar
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    Invest in one of these and avoid that problem, depending on your guns make, model and serial # location.

    If you think like a Statist, act like one, or back some, you've given up on freedom and have gone over to the dark side.
    The easiest ex. but probably the most difficult to grasp for gun owners is that fool permission slip so many of you have, especially if you show it off with pride. You should recognize it as an embarrassment, an infringement, a travesty and an affront to a free person.


    ~Alan Korwin

  14. #14
    Regular Member Jero1987's Avatar
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    Has anyone used William H. Cleveland for attorney services? He is closer to me and does both traffic and criminal defense. Thanks.

    Also on the vcdl list of gun friendly lawyers.

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    Jero1987 wrote:
    I am not angry, I am just very upset my rights were violated. Ill be taking eds advice and calling a lawyer.
    I would be livid to say the least. Yea make that call.

    Were they reluctant to give you back your property?

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    The whole reason I told him I had it was because he leaned in and his eyes got WIDE
    Only crack your window just enough for you to pass your license and registration through. Sure it'll piss him/her off and you'll almost be guaranteed a ticket after that, but it prevents the extremely obtrusive lean in which could prevent even further violations of your rights.

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    Regular Member Jero1987's Avatar
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    gador wrote:
    Were they reluctant to give you back your property?
    No not really, they just handed it back to me and told me not to load it until I got back on the road.

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    Founder's Club Member Hawkflyer's Avatar
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    Agent19 wrote:
    Invest in one of these and avoid that problem, depending on your guns make, model and serial # location.

    While perhaps a good storage option, how Could this possibly be useful for routine carry?
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

  19. #19
    Regular Member Jero1987's Avatar
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    The officer was Trooper B. S. May Badge # 6867

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    Activist Member nuc65's Avatar
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    Sounds like a Lynchburg area LEO and similar to the "officer safety" I had experience with and I wasn't even carrying anything except my CHP.
    When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force.

    excerpt By Marko Kloos (http://munchkinwrangler.wordpress.com/?s=major+caudill)

  21. #21
    Regular Member VAlitigator's Avatar
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    I'm sorry you had to go through that experience. Lawfully carrying a firearm is not by itself enough to justify running the serial number; that's a search without probable cause.

    Mark Matthews
    Mark D. Matthews
    http://thematthewslawgroup.com/
    Note: Effective February 1, 2011, we have moved to 4508 S. Laburnum Ave., Suite 200, Richmond, Virginia 23231

  22. #22
    Founder's Club Member - Moderator ed's Avatar
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    VAlitigator wrote:
    I'm sorry you had to go through that experience. Lawfully carrying a firearm is not by itself enough to justify running the serial number; that's a search without probable cause.

    Mark Matthews
    You forgot to say...

    Mark Matthews, and I'm a lawyer!

    Carry On.

    Ed

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  23. #23
    Regular Member Jero1987's Avatar
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    VAlitigator wrote:
    I'm sorry you had to go through that experience. Lawfully carrying a firearm is not by itself enough to justify running the serial number; that's a search without probable cause.

    Mark Matthews
    I can not prove at this point 100% that he ran the serial number, but I am pretty sure he did seeing that he took it back to his vehicle.

    Won't know unless I get the radio records.

  24. #24
    Activist Member nuc65's Avatar
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    Is there a time limit (statute) of limitations to bring this issue before the courts?
    When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force.

    excerpt By Marko Kloos (http://munchkinwrangler.wordpress.com/?s=major+caudill)

  25. #25
    Founder's Club Member - Moderator ed's Avatar
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    nuc65 wrote:
    Is there a time limit (statute) of limitations to bring this issue before the courts?
    I think it is 6 months.
    Carry On.

    Ed

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