• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

stopped for open carry. question

TheDodge

New member
Joined
Dec 7, 2011
Messages
6
Location
Central Kentucky
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.
 

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
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.
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
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?
 

Midwest

Regular Member
Joined
Aug 21, 2011
Messages
305
Location
Boone County, KY
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
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
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.
 

DrakeZ07

Regular Member
Joined
Mar 26, 2011
Messages
1,080
Location
Lexington, Ky
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.
 

Johnburns15

Regular Member
Joined
Aug 21, 2011
Messages
154
Location
Lexington, ky
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.
 

TheDodge

New member
Joined
Dec 7, 2011
Messages
6
Location
Central Kentucky
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.
 

Glock9mmOldStyle

Campaign Veteran
Joined
Apr 21, 2010
Messages
2,038
Location
Taylor, Wayne County, Michigan, USA
This is a violation of your rights (a Federal 1983 suit is your best bet for relief)

http://www.myfoxdetroit.com/dpp/new...right-to-bear-arms-was-violated-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:

HighFlyingA380

Regular Member
Joined
Nov 30, 2011
Messages
301
Location
West St. Louis County (Ellisville)
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.
 

WCrawford

Regular Member
Joined
Dec 8, 2007
Messages
592
Location
Nashville, Tennessee, United States
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
 
Top