Another black eye for cops and CCW

[LM4300]

An Officer backs up a neighboring jurisdiction on a traffic stop, because the driver "said" he had a gun in the car. Also, the stopping officer saw some furtive movement as if the driver was going under the seat before the officer approached the car.

Long story short, the guy had a valid CCW permit, and the gun was his, not stolen. Also the officer asks to search the vehicle. (The only reason was because the guy kept the gun unholstered and under the seat). Driver agrees, and signs consent form....No contraband etc found.

Driver was going to be allowed to leave, but the mounting vehicle violations, registration suspensions, requires the car be towed. The driver has no one to get him and will have to walk home.

This is where it gets ugly... Officer tells driver he is keeping his gun and he can pick it up the next day at the police station. He has the driver sign a property reciept and allows him to leave after signing for his tickets too. Driver puts up no fight to this blatant violation of his rights, most likely because he simply didnt know any better.

The officer's reasoning was simply that the driver was now "on foot" and he "didn't want him walking around with it." He even gave that as part of his disposition to police radio when he cleared the stop.

Heaven forbid it was someone that knew their rights, it could have become a war of wills, with some real consequences down the line. I'm sure that guy did come back for his gun eventually. Unfortunately, the cop will think he did a good job, and the gun owner will have learned nothing positive when dealing with Police.

Lets just say the back up Officer was terribly embarrassed and wanted no part of the incident or the neighboring officer who opened himself and the whole department to lawsuits.

[jkp1187]

On the one hand, this story underlines the point that more officer education concerning firearms law is necessary.

On the other hand, it just underlines the point that if an ordinary civilian is going to carry, he needs to make sure that he's following the law in other areas of his life, too.



I was asked to sign a "consent to search" form once by the Ohio Highway Patrol. I advised them that they could take a look through the car if they wanted, but I declined to sign anything.

The friendly Trooper then wrote, in ink next to the signature line on the form, "I don't to sign".

"See," he said, "now if you sign there, you're just stating that you don't want to sign!"

Despite these re-assurances, I still declined to sign.

They looked. They found nothing, of course, although they clearly thought I was up to something. All I was guilty of was driving across Ohio to check out the campus of the University of Michigan.

In retrospect, it occurs to me that going to Ann Arbor is probably enough to give an officer reasonable suspicion in Ohio....

[TwistedCopper]

LM4300, did the assisting officer ever point out to the stopping officer that he was violating the citizen's rights?

That is a disturbing story.

[Pa. Patriot]

What a shame.
LEO has a long history of lying to us and acting outside the law in regards to guns in the commonwealth.
I was subjected to a VERY similar stop years ago and it won't happen again.
A good book on just this subject is "You and the Police" by Boston T.Party (of "Boston's Gun Bible" fame)
Amazon has it for under $9

[God's Country]

All the more reason not inform an LEO unless asked directly or if the state mandates it.

[LM4300]

Originally Posted by TwistedCopper

LM4300, did the assisting officer ever point out to the stopping officer that he was violating the citizen's rights?

I don't believe he made his opinions known.

[XD45]

the cops shouldnt do what they do, but gun owners need to stop rolling over and playng dead. we have rights and needto express them if we just say ok here do whatever of course they will keep taking advantage

[KeithPA]

The owner needs a permit to carry in a car, but then when he's forced to walk and doesn't need a permit to openly carry the cop takes the gun? GENIUS

[jdlv4_0]

What a crock of shit.

[jtkratzer]

Originally Posted by God's Country

All the more reason not inform an LEO unless asked directly or if the state mandates it.

Whether or not it's required to inform and officer about whether or not you're carrying, I do. If I'm stopped by the police, especially at night, the interior lights go on and my hands are up. For one thing, when the police run your plates, it will show if you're a holder of a license to carry firearms. It just makes things less stressful on the officer and less likely that I will get shot.

Originally Posted by XD45

the cops shouldnt do what they do, but gun owners need to stop rolling over and playng dead. we have rights and needto express them if we just say ok here do whatever of course they will keep taking advantage

As much as people are harping on the police here, with the laws constantly changing, it's our responsibility to know the laws and know our rights and to stand by them. If an officer is attempting to violate those rights, it's your responsibility to request his supervisor, and do so respectfully and without being rude or with an attitude.

I don't think that the majority of police officers are out there looking to screw people over, take power trips, or act above the law. They are human being and make mistakes just like you and I.

When it comes down to it, it's our responsibility to know our rights and to know the laws, not anyone else's.

Just like you choose to carry to protect yourself because you're not relying on the police, you need to rely on yourself for your education.