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Old 02-27-2013, 07:57 PM   #31
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Why do you need a lawyer, you got a free ride home???
Why would you be 'in the paper'? Is it news that you were walking home with a rifle?
If there was a call made about you the police are obligated to stop you and check you out. Been there MANY times. It sounds like they handled it properly to me.
It's called police reports, it will be in the newspaper. I'll go talk to a lawyer cause it's kinda silly to say having a rifle is probable cause on it's own when appellate courts and the supreme court have strictly ruled against that.
So it would be cool for the cops to stop hunters or target shooters or any other person they see someone with a gun and search them for no reason? Is that what you are saying? Then once they are found to own a gun label them a threat to police? That's ok with you?
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Old 02-27-2013, 07:59 PM   #32
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I'm sorry that you were inconvenienced. I would not be thrilled either, less so when i was younger. You should confirm with the city attorney and the chief of police that you are not going to be charged with any crimes and that you will not be "blacklisted" or have your "record" blemished. This will, most likely, not be free, as this is not a case that gun-advocacy groups could win much ground with.

It sucks, but nobody got hurt, and the situation was/is yours to mitigate. It probably would have been wiser, though not necessarily more legal, to have had your unarmed friend ask to use a phone and call someone to pick you guys up.

Here in MS, we are legal to have a firearm concealed in part or entirely in our personal vehicles. I would not be upset if an officer asked to secure the firearm during a traffic stop. I would start asking a lot of questions if the officer wanted to use the firearm as the basis to search my vehicle; i would NOT give voluntary consent to search the vehicle; i would request a supervisory officer's presence, POLITELY. This is why i keep a copy of the relevant law clipped to the car holster and in the car lockbox, preventative planning.


Regarding the legal basis for the stop and search: are you familiar with the NYC policy to "stop and frisk" people, it's OBVIOUSLY questionable legality, and how long it has taken uber-lib NYC to raise a hand against it? We are not in the age of strong individual rights.

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Old 02-27-2013, 09:11 PM   #33
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It would also be worthwhile to look up the legal difference between "reasonable suspicion," and "probable cause."

Very different standards.

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Old 02-27-2013, 11:02 PM   #34
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So does anyone know any lawyers?
You have been advised to contact the NRA which has a list of gun law knowledgeable lawyers. I think this is the best advice given here. Please do that. None of us here can find a lawyer for you.
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Old 02-27-2013, 11:03 PM   #35
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Although I completely agree that you should sue and that the police were wrong, just let it go because it doesn't seem like it would go in your favor.

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Old 02-27-2013, 11:37 PM   #36
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the police officer was doing his job. he disarmed you for his protection. he asked you some questions, which by the way must have satisfied him because, he didn't charge you with any crime, he didn't book you into jail and he gave you ride home and gave you your rifle back. personally, IMO, i read all your posts about this, and i really don't see where he violatd your rights.

now it's perfectly your right to seek the counsel of an attorney and see about raising a ruckus if that suits you, but i seriously doubt an attorney is going to waste his time pursueing this. it would be a huge waste of time, energy and your money.

and for your education on this matter, just because it's legal, doesn't alway mean it's prudent to do so.

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Old 02-27-2013, 11:51 PM   #37
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Quote:
Originally Posted by winds-of-change View Post
You have been advised to contact the NRA which has a list of gun law knowledgeable lawyers. I think this is the best advice given here. Please do that. None of us here can find a lawyer for you.
^This^

About w-o-c new avatar, I find it as I think it is a picture of me.
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Old 02-28-2013, 12:08 AM   #38
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Originally Posted by chrisrhodes1110 View Post
It's called police reports, it will be in the newspaper. I'll go talk to a lawyer cause it's kinda silly to say having a rifle is probable cause on it's own when appellate courts and the supreme court have strictly ruled against that.
So it would be cool for the cops to stop hunters or target shooters or any other person they see someone with a gun and search them for no reason? Is that what you are saying? Then once they are found to own a gun label them a threat to police? That's ok with you?
They must do things differently there then. We do not do a 'report' unless we were reporting a crime. The only think this call would be is a line on my log sheet as an unfounded complaint!!!
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Old 02-28-2013, 12:32 AM   #39
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Quote:
Originally Posted by chrisrhodes1110 View Post
It's called police reports, it will be in the newspaper. I'll go talk to a lawyer cause it's kinda silly to say having a rifle is probable cause on it's own when appellate courts and the supreme court have strictly ruled against that.
So it would be cool for the cops to stop hunters or target shooters or any other person they see someone with a gun and search them for no reason? Is that what you are saying? Then once they are found to own a gun label them a threat to police? That's ok with you?
Seriously, when was the last time you saw a hunter hunting in downtown wherever you are? The same question goes for target shooters. You messed up. Now man up and learn from it.

As for your last two sentences, yes, until proven otherwise every weapon at the scene is a threat to police until the police control the weapon. Please note I did not say you were a threat, but as long as you were armed the possibilities are not in the cops favor.

By the way, how do you feel about that friend that left you hanging like that?
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Old 02-28-2013, 12:45 AM   #40
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You seem to be bothered about having your story splattered all over the news. Start a lawsuit and everyone will know your entire life story. Sometimes it's best to leave well enough alone. Unless you're looking to make a few bucks.

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