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Thread: stopped for open carry. question

  1. #1
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    stopped for open carry. question

    alright, so i was walking to the store at about 4:30am (i know it was probably foolish to think i wouldn't get stopped at this time of night) and as usual i was open carrying the glock 22 i got for this past christmas. i am 19 years old and knowing my rights i had no reason to worry about anything. since this is, what most people would consider, the mid to lower income part of town, it wasn't long before i saw some officers on traffic patrol. they threw the blues and reds up and pulled over and asked me to walk towards them slowly with my hands at chest level. they immediately confiscated my sidearm and requested my identification and permit. as i am not of legal age to get my CWL i didn't have one, but i did give them my identification. i know i probably wasn't required to but i just wanted to get to the store and get home. when i told them i had no license they told me i was going to receive a citation to appear in court and that they were confiscating my sidearm. i wish i would have had my lawyer's card on me so that i could have called him before all of of this took place, but i didn't.

    so this past monday was my court date and i was prepared with copies of the state firearm laws and my lawyer. probably a bit redundant to have both but i wasn't taking chanced. needless to say i won my case and had all charges dismissed. i just got my firearm back thursday and i'm in the process of having the charges expunged from my record. i had just enlisted in the army national guard in november, after an 8 month fight to get waivers for my past medical issues. the last thing i need is for some ignorant traffic cops to postpone my shipment to basic training even further.

    my question for you all is:
    seeing as i'm relatively young, i don't have a great deal of money. lawyer fees are expensive and it's going to put me in a hard spot if i have to pay for it myself.
    so i was wondering if i would have a legitimate suit to file to cover my court costs and representation fees.

  2. #2
    Regular Member 09jisaac's Avatar
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    Legitimate suit? There is very few suits more legitimate. They illegally disarmed you when you could have needed your firearm the most, and they can't prove that they had any suspicion that you were up to something or they would have arrested you there. I am not the kind that says sue for everything but this is a case that I think should be fought for. Sue for legal fees, court cost and damages. Ask, also, for mandatory retraining on firearm laws for the whole station. They don't need to be out enforcing the laws if they are so naive about them.

  3. #3
    Regular Member Fallschirmjäger's Avatar
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    Glad it worked out for you.

    Would it be correct to say that the 'minutes you wanted to save' by giving up your rights were insignificant to the time and dollars you needed later to defend your rights?

  4. #4
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    This is the second time in so many months that a open carrier in Kentucky was arrested and had their firearm seized. I would definitely pursue this in court and get your story out to the other gun boards ,sites, and KY and national 2A amendment groups, including the NRA. Good luck

  5. #5
    Regular Member hermannr's Avatar
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    you want to file a Federal Civil rights suit (your lawyer will probably negociate a settlement). Have your lawyer take it on contingency...that way he gets a bigger piece of the settlememt pie, but you will have no out-of-pocket expenses...

    You bet you should go for it. The arresting officers and the DA that formally charged you, need to learn a lesson, teach them.

  6. #6
    Regular Member DrakeZ07's Avatar
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    Glad you got the charges dropped, and I hope you are re-imbursed for the court and legal fees.

    Sadly though, that this happened in our state, one of the most free and ardent backers of the 2A.

    Yet, tis an example of why I don't go out at night, let alone OC at night, lol.

    What was the LEO's attitude in all of this? Hostile, matter-of-factual, irritated, calm and cool? I know the attitude of a cop can make a small difference in court, lawsuit or legal challenges.
    I'm a proud openly gay open carrier~
    Trained SKYWARN spotter, and veteran Storm Chaser.
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  7. #7
    Regular Member Johnburns15's Avatar
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    In my opinion I would pursue this in court. If you browse the forum in Kentucky you'll see my case against the Florence police department. Between me and my attorney we have decided to pursue lawsuits against both the police department and the arresting officer himself. It is a time consuming ordeal though. My case happened the first of December, and nothing has been done yet. But in the end the results will be positive for both me, other law abiding open carriers, and the knowledge of local and state law enforcement.

  8. #8
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    thanks for the help guys, i've decided to talk to my lawyer and discuss all options with him. the only problem is that i'm leaving for basic training the 24th of january and i'm not sure how this will effect the situation. i guess i'll find out when i talk to my lawyer.

    to the person asking about the LEO's attitude, honestly the one that disarmed me wasn't really rude, just ignorant to the law pertaining to the situation. however, his partner was being a smartass about the situation, he looked like he just got out of the academy fresh onto the streets.

  9. #9
    Campaign Veteran Glock9mmOldStyle's Avatar
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    Exclamation This is a violation of your rights (a Federal 1983 suit is your best bet for relief)

    http://www.myfoxdetroit.com/dpp/news...-20110912-wpms

    In the linked case the PD stands to lose a large sum

    Find a lawyer that will work based on any award you receive. You won't get rich but it should more than cover your out of pocket costs to date. FOIA any and all video, audio & dispatch traffic regarding your illegal detainment. Ask your district judge to order the preservation of this evidence by the offending PD. This is key - quicker the better. Good luck. We in MI have had lots of experience with this kind of thing. Even though the Police know they are breaking the law it is impossible to get a local DA to file charges against them. This is why Federal suits must be used instead. It won't land them in jail but it hurts their pocket book and that is a start.

    P.S. Dodge in the case of Federal civil rights violations there is a two year clock running so you have some wiggle room. Best wishes and may your future OC trips be uneventful.
    Last edited by Glock9mmOldStyle; 01-15-2012 at 10:01 PM. Reason: PS
    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

  10. #10
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    What were you charged with?

  11. #11
    Regular Member HighFlyingA380's Avatar
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    Absolutely file. They screwed up, why should you pay? And definitely do what you can to have them all retrained, as posters above mentioned. It sucks that it happened to you, but we need to take every opportunity we are presented in order to start gaining back our rights.

  12. #12
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    Don't forget that we are a helpful community. There are people here who can assisst with everything: from finding the right lawyer to research to money (even if it is only $10).

    Sent from my M865 using Tapatalk

  13. #13
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    I still would like to know what you were charged with and what was the KRS cited?

  14. #14
    Regular Member 09jisaac's Avatar
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    He seems to be a one topic user, the last time he was on was the day after he posted this question.

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