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Old 09-27-2010, 10:10 AM   #21
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I do not buy into any story that the officer was ignorant of the laws...he knew them, just didn't give a damn and was out to pursue an agenda.
You could be right. But I personally have had arguments with cops at the range about what's legal and what's not. New York still has Clinton's AWB intact, and it pays to keep a printed copy of NYS laws defining what's legal and what isn't (eg: bayonet lug ground down, muzzle break pinned & soldered, non-collapsible/folding stock, etc.).

Bottom line: cops very often are ignorant of the details of some laws and err on their idea of the side of caution which usually means stepping on the rights of law-abiding citizens.
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Old 09-27-2010, 11:24 AM   #22
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There is a Federal law that trumps state laws. While in most cases, State laws may be more strict tan Federal law, in THIS case, the law is worded so that it CANNOT be superseded by a State or Local law- Known as the Peaceable Journey Act.

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 44--FIREARMS

Sec. 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.


If the story was as given, a Civil suit for false arrest, malfeasance in office, and malicious prosecution should have been filed. The suit may require that the state conduct specific training for its personnel, as well as monetary damages and costs.

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Old 09-27-2010, 12:27 PM   #23
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This is the way of the future in many jurisdictions. It is common here in SoCal, especially with the new breed of officers. They will do anything to get guns "off the street". Officers have been known to wait outside the shooting ranges waiting for people to leave. Then they pull them over to see if their guns are being transported in accordance with the law.

The EXACT same scenario happened to me, as happened to the guy in the OP, but I was arrested and charged. My guns were unloaded, in locked cases, vacuum sealed in plastic, and separated from the ammunition. All done above and beyond the letter of the law here in CA, but the officer lied on his arrest report.

My arresting officer falsified his police report, and only admitted it to the City Attorney under direct questioning. BUT she only agreed to ask him if he lied after I told her I wanted to go to trial, would spend whatever it cost to make it happen, that I would put the arresting officer on the stand under oath, and that I had a witness who could back up my claim. (And the fact that she knew, trusted and respected my attorney because they had worked together at the same firm years before). Luckily for me my witness was the LAPD Watch Commander at the Division where I was booked. If not for him backing me up they would have pushed for a 6 month sentence, $10,000 fine and confiscation of my guns. He was one of the old guard. And I was not willing to be intimidated into pleading guilty to any charges and giving up my right to a trial.

I presented the City Attorney with 30 letters of character and professional reference from active LAPD officers, retired LAPD officers, local PD officers, Federal Agents, prominent public figures and others. I presented her with my professional accreditations and history with law enforcement. None of it mattered to her.

It cost me over $4500 in legal fees, 18 months of drama, and eventually the case was thrown out. I even got my guns back, which NEVER happens in L.A.

But it would have been a different story if my witness had decided not to do the right thing and back me up.

It was pure intimidation from the start.
The quote "Old Guard" is the thing ! Most of the new, young cops are pro-gun ! Many of them collect, go to the range and shoot A-K's and SKS's !
The more young cops that are hired, the better it will be for gun lovers !
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Old 09-27-2010, 04:12 PM   #24
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On the 1100 rounds of ammo in the trunk. Yes, I know technically that was not illegal. BUT...I think that is an amount of ammo that will surely draw negative attention to you. Let's be realistic folks...what trouble was this person going to get into that would warrant 1100 rounds of ammo??

And when questioned about it...all of the talk about possibly needing that much to defend himself at the Second Amendment Rally and aiding police officers during some potential catastrophe - again, TMI, shut up ! NOT necessary to dig yourself a hole with all of this additional discussion. I'm sure all of that rhetoric just made him sound like the "gun nut" the biased media portrays gun owners to be.
I agree that he probably should've been a bit more concise and to-the-point on where he had been. I also agree that 1100 rounds is a lot of ammo to be carrying around; i would only have that on me on the way home from a gunshow or while in the process of moving to a new home. Of course, we don't really know how much of that TMI was in response to officer questions.
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Old 09-27-2010, 05:55 PM   #25
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The quote "Old Guard" is the thing ! Most of the new, young cops are pro-gun ! Many of them collect, go to the range and shoot A-K's and SKS's !
The more young cops that are hired, the better it will be for gun lovers !
Here in SoCal the opposite is true. Most of the old guard were gun guys who understood that citizens own and use guns responsibly. They joined because they wanted to help people and make a difference.

Most of the new breed joined because they want to be badazzes. The two who arrested me had tear drop tattoos on their necks, and serious chips on their shoulders. About a year after my "incident" I saw one of them pull out of a parking lot in his cruiser and throw a 32oz styrofoam cup of soda/slurpie out the window into the street. None of the old guard would ever do something like that.

The old guard had too much respect for the uniform.
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Old 09-27-2010, 06:22 PM   #26
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IF this story is true, more laws were violated by the officer than I care to think about. I would push back with a BUNCH of force in the form of a civil rights lawsuit and complaints not only to the agency but to the FBI and ATF.
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Old 09-27-2010, 06:38 PM   #27
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Wouldn't it be a kick in the pants to have the ACLU bring suit for his gun rights?

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Old 09-27-2010, 09:00 PM   #28
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Wouldn't it be a kick in the pants to have the ACLU bring suit for his gun rights?
HA...yeah, you wait on that to happen...the ACLU is all over First Amendment rights, while largely ignoring Second Amendment rights.


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Old 09-27-2010, 09:05 PM   #29
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Here in SoCal the opposite is true. Most of the old guard were gun guys who understood that citizens own and use guns responsibly. They joined because they wanted to help people and make a difference.

Most of the new breed joined because they want to be badazzes. The two who arrested me had tear drop tattoos on their necks, and serious chips on their shoulders. About a year after my "incident" I saw one of them pull out of a parking lot in his cruiser and throw a 32oz styrofoam cup of soda/slurpie out the window into the street. None of the old guard would ever do something like that.

The old guard had too much respect for the uniform.
I guess there's good and bad in both age brackets !
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Old 09-27-2010, 09:10 PM   #30
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I guess there's good and bad in both age brackets !
I think here in L.A. most of the old guard were Darryl Gates style of officer. Plenty of actual criminals to go after, so leave the citizens alone.

Now it is all affirmative action, PC, ACLU, etc. Many of the Divisions are still old school, but a couple of the Divisions that are in low crime areas go out of their way to be confrontational. Too much scrutiny, and too much boredom, maybe?
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