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Quick help....

Jero1987

Jero1987

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Lynchburg, Virginia, USA
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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?
 
ed

ed

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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?
Click to expand...
Yes. Unfortunately, LEOs are legally allowed to temporarily seize firearms during traffic stops for officer safety, regardless of consent.
 
Jero1987

Jero1987

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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.
 
Jero1987

Jero1987

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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.
 
G

garyad

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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!
 
SouthernBoy

SouthernBoy

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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.
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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.
 
H

hometheaterman

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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.
 
C

curtiswr

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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.
Click to expand...

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.
Click to expand...

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.
 
Jero1987

Jero1987

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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.
 
Marco

Marco

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Invest in one of these and avoid that problem, depending on your guns make, model and serial # location.

urdefense_2083_12365440
 
Jero1987

Jero1987

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Lynchburg, Virginia, USA
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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.
 
G

garyad

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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.
Click to expand...

I would be livid to say the least. Yea make that call.

Were they reluctant to give you back your property?
 
C

curtiswr

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The whole reason I told him I had it was because he leaned in and his eyes got WIDE
Click to expand...

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.
 
nuc65

nuc65

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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.
 
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