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Thread: Florence mall/ Florence police dept

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    Regular Member Johnburns15's Avatar
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    Florence mall/ Florence police dept

    Just thought I would let everyone know that I am in the process of filing charges against a Florence police officer, the Florence police department, and the Florence mall for an illegal search and seizure of my firearm on December 1, 2011. As of right now I can't realty say more in the situation, but with permission from my lawyer I will keep everyone updated as often as possible...

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    Please do keep us posted. Do they still have your firearm?

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    Regular Member hotrod's Avatar
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    I would appreciate the update.
    Speed is fine
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    Regular Member neuroblades's Avatar
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    Looking forward to the update and possibly more information on this issue.

    I've read and hear about other issues around the Florence Mall but none that ever ended with a search & seizure of a sidearm.
    Got SIG? MOLON LABE

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    Campaign Veteran ComradeV's Avatar
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    I'm interested to learn what happened and how it is concluded.

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    Regular Member Johnburns15's Avatar
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    As of right now. I'm allowed to say that while walking through the Florence mall a vendor called security stating I had a concealed firearm. The security officers are not armed so they called the police departmen to handle the situation. At first the officer seemed like a nice guy. Next thing I know he removes my gun from my holster and my wallet an driver license. Then proceeds to run my information without even asking me.
    My firearm is still at the police dept. I have not been able to get in contact with anyone to get it back, but was told by the officer they WILL return it because I was doing NOTHING wrong

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    Thanks for the information and keep us posted and good luck. Just on principle I'll be shopping elsewhere this season...in this depressed economy...I will happily spend my money elsewhere. There are other places to shop in and around Boone County.

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    Regular Member neuroblades's Avatar
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    Quote Originally Posted by gutshot View Post
    The actions by the police that you have described are violations of KRS 237.104 and violations of the Ky. and U.S. Constitutions. You have excellent grounds for a federal lawsuit under 42 USC 1983.
    Ahh, perhaps some new revisions or better laws to help protect law-abiding citizens from power hungry LEO's? ;-)

    Did the the OP get paperwork stating that they were "taking his personal property" or was it just just taken without paperwork? I had a very nasty encounter with a local LEO & PD resulting in the "theft" of federal radio communications equipment that was being used during a emergency assistance operation approximately 20 years ago. This incident resulted in many direct communications with then AG Chris Gorman. The ARRL & W5YI agencies were notified and their attorny's were contacted. We did depositions and were at the verge of heading to federal court over this with the AG promising a personal appearance and involvement if the PD did not return the equipment within a 24 hour period. In the end, the PD promptly returned the equipment and the PD made a formal apology. In retrospect, I should've taken them to federal court. *LOL* It took about 20 years and ALOT of patience to get rid of the corrupt cops in that department but they're gone now and the PD seems to be back to normal.
    Got SIG? MOLON LABE

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    Regular Member hotrod's Avatar
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    A 1983 suit is the absolute way to go. The officer confiscated property without legal authority. If he had asked you to leave and you refused, he may have had PC to arrest/detain you. I am surprised at the Florence Police. I always thought they knew the law, I must have been incorrect. Keep us informed. Good Luck!!!
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    Sounds like an open/shut case for you and an easy buck for you and your lawyer. Press the issue with them, I'm sure they'll be thrilled to settle out of court.

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    Regular Member mark1123's Avatar
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    I was planning to do most of my Christmas shopping there...not now.
    What is the best way to let the stores know what happened and that it will cost them customers? I have a feeling that if I contact security and/or mall mgmt, my message will stop there.


    ---
    I am here: http://maps.google.com/maps?ll=39.078978,-84.675451

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    Regular Member neuroblades's Avatar
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    Quote Originally Posted by mark1123 View Post
    I was planning to do most of my Christmas shopping there...not now.
    What is the best way to let the stores know what happened and that it will cost them customers? I have a feeling that if I contact security and/or mall mgmt, my message will stop there.


    ---
    I am here: http://maps.google.com/maps?ll=39.078978,-84.675451
    IDK but I'd figure that if all or at least most of the gun owner's got together and took out an ad in the local paper detailing why gun owner's will NOT be shopping there during the Christmas season or thereafter.
    Got SIG? MOLON LABE

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    Quote Originally Posted by neuroblades View Post
    IDK but I'd figure that if all or at least most of the gun owner's got together and took out an ad in the local paper detailing why gun owner's will NOT be shopping there during the Christmas season or thereafter.


    I'll send a couple of bucks to pay for the ad, someone gather the money and then take out the ad...tell me who to send it to. But get the other KY boards and groups together and lets take out a big ad in in the Kentucky Enquirer...preferably on Sunday next to the store ads....

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    Regular Member neuroblades's Avatar
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    Quote Originally Posted by gutshot View Post
    Contacting the individual stores and store managers, all of them, in the mall might be a better strategy. They are the ones who will be directly affected by any boycott and their money is what pays the rent on the mall space.
    You're quite right Gutshot, but I was figuring that if just a few gun owners boycott their stores it might not have the full effect that contacting them and putting out it out there in the papers might have. If others that might be equally offended but might not know about this offense are made aware of this incident, it would have greater effect for our side I figured. Granted, it's cheaper to go to the stores and talk to them directly first but if that fails to work then having the paper idea prepared couldn't hurt and with the Christmas holidays coming up fast, if they're not made fully aware, via their cash flow, then they'll sail (sell) through the holidays without loss and we'll be at a loss instead.

    But the stores definitely need to be made aware right now!
    Got SIG? MOLON LABE

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    Regular Member mark1123's Avatar
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    Regular Member 09jisaac's Avatar
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    The bright side is our friend here shouldn't have too much problems getting his firearm back, or getting everything corrected.

    I would be willing to pay part for an add if someone takes it out. I don't have any money and I won't til after christmas but I will pay my part as soon as I get the money.

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    Who was the officer? I know a few on the force. I know more of the Boone County Sheriffs. I really like the new Boon County Constable. He got a lot of no gun signs taken down around the county.

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    Regular Member Johnburns15's Avatar
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    A little good news on the situation... I had my firearm returned by the police department today. Bad news is that I waited an hour and a half as they took pictures, did all kinds of paper work, and then was told they LOST my holster!!!

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    Hmm, I would open carry (via mexican carry) down to the police station and file theft charges.

    /probably bad legal advice

  20. #20
    Regular Member Johnburns15's Avatar
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    I slid it into my shoulder holster and sit around for 45 minutes while they "tried" finding it.
    I got a kick out of the reactions I got though.
    "sit how can I help you"
    "I'm here to retrieve my firearm"
    (looks around) "umm you're here to what?!?"
    "my firearm was illegally seized December first and brought here. Therefore I'm here to retrieve it"
    "umm hold on"
    And then I proceed to talk to 3 other officers before finally getting someone that told me he'd find my firearm lol

  21. #21
    Regular Member 09jisaac's Avatar
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    I wouldn't let up on them just because they gave you you're firearm back.

  22. #22
    Regular Member Johnburns15's Avatar
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    I'm not. Just thought it funny that when I told them I was there to get it back 4 officers looked at me like I was talking another language and then walked back and forth for quite a while before I actually talked to a guy with a brain

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    If you stay on this, you will get some money out of the pd. This was a blatant violation of your constitutional rights, and krs 237.104. The fact that they had no grounds whatsoever to disarm you, much less seize your firearm, should make this an eye opener for the PD that you are filing suit against, and every other Leo in this state. Hopefully the outcome will teach them a lesson, but they didn't seem to mind when they violated your rights, they probably won't mind paying out taxpayers money for their wrongdoing. Glad you got your piece back, buy why in the world did they take your holster?

  24. #24
    Regular Member Johnburns15's Avatar
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    I'm not to worried about getting money out of anyone, nit saying I wouldn't mind it lol. Just want to do everything I can to make sure it doesn't happen to someone else. And to help the idiots of northern ky realize guns aren't illegal

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    I think this needs to be bought to attention at other forums and groups as well.

    http://www.nraila.org/

    http://www.thehighroad.org/

    http://thefiringline.com/forums/

    http://www.krba.org/
    Last edited by Midwest; 12-06-2011 at 03:41 PM.

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