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Old 02-18-2012, 02:02 AM   #11
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City cop , but in the town they are cowboys and think there above the law. They will stop you for 3 miles over and try to get you for 10 over. What I want to know is this the way it is here. (in Florida) to me if I show my ccw that should be end of it. I don't know about police in north Florida but in south Florida it's all about power.



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Old 02-18-2012, 02:10 AM   #12
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What part of Miami? There maybe a city ordinance or something that isn't well known. I would dig more into it though. Sounds like an abuse of power to me though.



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Old 02-18-2012, 12:10 PM   #13
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I dont think your legal rights really matter if you are pulled over. You have the right to do excactly as he says, when he says it. Nothing good can happen in this situation, so really it just doesnt matter in my opinion. In my state (WA) cops pretty much hate anyone with a gun, and in Seattle you can get shot by a cop for nothing and he knows hes still going to be cashing paychecks.

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Old 02-20-2012, 01:07 PM   #14
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I reject the premise of your question. As it DID happen, that is proof that it CAN happen. Thus...meh.

More to the point, your question should be: Is this legally ALLOWED to happen?

And to that, the answer is YES.

This was either a situation where the officer was a douchebag. I know, I know....that NEVER happens. OR...it was a situation where your friend was a douchebag and failed the attitude test. I know, I know...THAT never happens.

To me, the cuffing and detaining on the side of the road seem a bit excessive UNLESS the officer had a reason to reasonably believe that your buddy was more than just an average armed citizen type. If the officer's Spidey Senses were tingling...then he acted reasonably. Your friend got his gun back, no one got hurt...call it done, done and done.

On those exceedingly rare occaisions where I would actually take temporary custody of an armed citizen's weapon (maybe one out of 50 TRAFFIC stops where a CCW was involved), I don't recall ever having cuffed the CCW holder. No...I did once that comes to mind...I pulled a guy over and he was giving his wife the blues about something, then started giving ME the blues about something...It was one of those "You ****ing cops blah blah blah" tirades. Anyway...he was in the red zone, and I did cuff him. By the time our chat was over, he calmed down, pulled his head out of his ass, and I sent him on his way WITH his gun.

The point is, unless you're in the situation, you don't know what happened. Your pal's civil rights were not violated. Hose sand from mangina, move on.

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Old 02-21-2012, 07:01 AM   #15
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Quote:
Originally Posted by AZL View Post
I reject the premise of your question. As it DID happen, that is proof that it CAN happen. Thus...meh.

More to the point, your question should be: Is this legally ALLOWED to happen?

And to that, the answer is YES.

This was either a situation where the officer was a douchebag. I know, I know....that NEVER happens. OR...it was a situation where your friend was a douchebag and failed the attitude test. I know, I know...THAT never happens.

To me, the cuffing and detaining on the side of the road seem a bit excessive UNLESS the officer had a reason to reasonably believe that your buddy was more than just an average armed citizen type. If the officer's Spidey Senses were tingling...then he acted reasonably. Your friend got his gun back, no one got hurt...call it done, done and done.

On those exceedingly rare occaisions where I would actually take temporary custody of an armed citizen's weapon (maybe one out of 50 TRAFFIC stops where a CCW was involved), I don't recall ever having cuffed the CCW holder. No...I did once that comes to mind...I pulled a guy over and he was giving his wife the blues about something, then started giving ME the blues about something...It was one of those "You ****ing cops blah blah blah" tirades. Anyway...he was in the red zone, and I did cuff him. By the time our chat was over, he calmed down, pulled his head out of his ass, and I sent him on his way WITH his gun.

The point is, unless you're in the situation, you don't know what happened. Your pal's civil rights were not violated. Hose sand from mangina, move on.
I agree with AZL on this one.

Florida has Preemptive weapons statutes very similar to those here
in Georgia. Local ordinances have no weight over State Statutes. As
a matter of fact, city or county officials (Mayors and other elected
officials) in Fla., are subject to be removed from office if they maintain
and try to enforce weapons ordinances that do not agree with State
Statutes. At least, that's what I read in the news lately.

I suggest, if you legally carry a concealed weapon in any state, that
you need to know the laws of the State you are in. Apparently, some
of the training classes in Florida are not what they should be. IMO you
are not required to show your weapons permit at a traffic stop unless
asked to do so by the LEO. You don't even have to tell him you are
armed unless he asks, as far as I know. IANAL

This is just my interpretation and it is up to you to know the laws of
the State you are in. Try to cooperate with LE and things will go a lot
more smoothly. If you don't like the way they handled things, complain
at the appropriate level, "LATER".
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Old 02-21-2012, 04:04 PM   #16
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I just asked a LEO friend of mine, and he said that if in a situation like that, even if the citizen isn't "behaving out of the ordinary", that he'd take possession of the firearm, and secure the person until the status of the permit/license can be verified.

Personally, as long as the stop is legit, and the LEO is being professional about it, I don't see anything inherently wrong with his/her wanting to ensure their safety.

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Old 02-21-2012, 04:58 PM   #17
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So the mere presence of a lawfully owned and carried firearm necessitates the LEO to remove the driver from his car & cuff him on a TRAFFIC STOP? Seems a bit much. The man was disarmed, cuffing him is douchebaggery. Aside from the traffic infraction, there was no crime. Does a lawfully carried gun constitute probable cause that someone is up to something? If there was no firearm present, would this still seem like a valid procedure?

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Old 02-21-2012, 04:58 PM   #18
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Quote:
Originally Posted by Mason609 View Post
I just asked a LEO friend of mine, and he said that if in a situation like that, even if the citizen isn't "behaving out of the ordinary", that he'd take possession of the firearm, and secure the person until the status of the permit/license can be verified.

Personally, as long as the stop is legit, and the LEO is being professional about it, I don't see anything inherently wrong with his/her wanting to ensure their safety.
Tell your friend I said he's a vag. He needs to learn how to read people. The guy with a CCW has NEVER given me compliance issues.
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Old 02-21-2012, 05:16 PM   #19
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Tell your friend I said he's a vag. He needs to learn how to read people. The guy with a CCW has NEVER given me compliance issues.
First, just because you're a macho hotshot doesn't give you the right to call someone a vag.

Second, this isn't about compliance issues. You never stop a CCW holder to find out later that it was revoked or suspended?

Third, on your best day you couldn't read me.
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Old 02-21-2012, 05:46 PM   #20
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Quote:
Originally Posted by Mason609 View Post
First, just because you're a macho hotshot doesn't give you the right to call someone a vag.

Second, this isn't about compliance issues. You never stop a CCW holder to find out later that it was revoked or suspended?

Third, on your best day you couldn't read me.
You would probably be surprised. What AZL said earlier is pretty spot on and he has been pretty spot on across the board here.


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