Results 11 to 20 of 140
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May 30th, 2010, 12:15 AM #11
Re: Friend was stopped and disarmed tonight
How about this, "Officer, I have my license to carry and my firearm is in X location". That would be the appropriate response to the question "do you have any guns in the vehicle". When you jump the gun and say "I don't have anything illegal in the vehicle" when that is not the question asked, it raises a flag.
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May 30th, 2010, 12:39 AM #12
Re: Friend was stopped and disarmed tonight
It has nothing to do with the stop. Are they entitled to ask if I have a dildo in the trunk? What about a map of Bangladesh? If I divert those questions do I deserve to get pulled out of the car, battered and arrested? Its a fishing expedition that they have no right to conduct, nothing more.
How pissed are you gonna be if you die before the Zombie Apocalypse comes? - - IANAL
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May 30th, 2010, 12:41 AM #13
Re: Friend was stopped and disarmed tonight
The answer to your question (highlighted in blue), lies in the event you told about (highlighted in red).
Bottom line, don't give them a reason. Already pulled over, presumably for a traffic infraction, your buddy then provides an evasive answer to a direct question, raising the cop's suspicion. It's OK, I guess, if you can pull it off. Seems he couldn't since the cop got suspicious.
Everything else that happened could be justified as "officer safety". It may be boring as all hell to drive like grampa when you're young, but when you're armed, the payoff is you get to carry for self-defense without (hopefully) getting jacked up.
You don't say how long he was cuffed and disarmed at the side of the road, but I'll bet it was under an hour, possibly under a half hour. He gets his firearm, ammo, and LTCF returned to him, and a citation for his driving. It could have ended worse. Look up the Doctrine of Unclean Hands. It doesn't make a lot of sense to complain about being cuffed and disarmed after you've already been stopped for a traffic violation.
I'd like to think the LEOs were a little over the top, but I think a reasonable argument exists that he brought it on himself. There are plenty of people who don't like us carrying. Don't give 'em any ammo to use against you.
ETA: oh, right, usual disclaimer, IANAL, and I have no cites handy.Last edited by Curmudgeon; May 30th, 2010 at 12:54 AM.
While many claim to support the right, precious few support the practice.
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May 30th, 2010, 12:45 AM #14
Re: Friend was stopped and disarmed tonight
why did they pull him over in the first place?
if anything he should of said i dont have any drugs or ILLEGAL weapons in the car.
or just be straight up, i dont see what the big deal if they disarm you for the stop, its for their safety.
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May 30th, 2010, 12:51 AM #15
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May 30th, 2010, 01:00 AM #16Grand Member
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Re: Friend was stopped and disarmed tonight
Bottom line the questions been asked and there's no correct response that fits every leo.
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May 30th, 2010, 01:12 AM #17
Re: Friend was stopped and disarmed tonight
There is. Apparently the supreme court doesn't agree though. I learned alot about our founding fathers this past week while I was in williamsburg. Alot of the mystery behind some of their intent has been taken away.
However, the constitution is what it is. It should be obeyed, and WE KNOW BETTER NOW. This shouldn't be happening.
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May 30th, 2010, 01:16 AM #18
Re: Friend was stopped and disarmed tonight
Any unecessary handling of a firearm, especially one they may not be familiar with, increases the risk of a negligent discharge. So by disarming you they could be putting you, themselves, and bystanders at greater risk. Not all cops are gun junkies. Some never touch one beyond the one issued to them.
This is beyond the fact that the Pa constitution says your right to keep and bear arms shall not be questioned.Millions for defense, Not one cent for tribute!
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May 30th, 2010, 01:35 AM #19Grand Member
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May 30th, 2010, 01:39 AM #20
Re: Friend was stopped and disarmed tonight
It's hard to guage how an officer will respond. That being said, I agree with your take on what should be said to the question asked. However, if you plan on deceiving LE in PA, atleast be smarter about it(as it is not illegal to lie to the police IIRC, but take into consideration that they will make your life really shitty if they see that you lied to them intentionally). Saying what the OP's friend said raised red flags instantly. Perhaps the OP should have gone to greater lengths to make his friend aware that saying "I do not have any illegal drugs or guns in my vehicle" as an automatic response to any variation of the question is probably a terrible idea.
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