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Old 07-06-2010, 08:47 PM   #31
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Have talked to several lawyers about transporting weapons in FL. First they have all said to never use the phrase "step" when refering to how it is transported. The wording I have heard from several independant sources is: Positively controlled, (i.e. in a snapped holster, zipped case, FAG bag etc) and not readily accessable to the driver. I have asked if the passenger seat pocket was legit and was told it is a grey area. If you own concealed carry, anywhere CONCEALED is ok. So based on what you are saying, sure she could have been arested, but she should have been released. But somehow, unless the gun was peeking out of the pocket, I don't see how he would have been able to snatch the gun without conducting an illegal search. I tell my wife for everything: Get names!!! Get details!!! If your wife had the guys name, car number, date and time, location, your claim just got a whole lot more legit. Kinda hard for a desk jockey to tell you their officer is an angel who would never do something if you have details to back it up!!!

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Old 07-06-2010, 09:06 PM   #32
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Given that a motor vehicle stop was conducted which led to the discovery of the firearm, there WILL BE A RECORD somewhere. The days of stopping cars without calling in the stop in some manner are over. If the officer called it in via radio, there would most likely be a radio log of incident to include a plate number and location. If it was recorded with an MDT (mobile data terminal, fancy term for "computer in the car") there will also be a record.

Now that you've essentially accused a cop of stealing from you, and a firearm at that, you almost have the responsibility of reporting the incident and getting to the bottom of the initial problem. You may take the hit on the false report and your wife for the firearm violation (if it was a violation, I am not familiar with Florida law, just a worst case scenario), but a cop STEALING from citizens on traffic stops is damn serious. My opinion of course.
I did not officially accuse a cop of stealing my gun. I told this story over the phone to both dept's I called. One said there was no record of the stop (Vero PD), who I gave all info I knew. The other got militant and said my wife was lying. When the latter started to ask my name and where I lived, I said "hold on I got another call" then hung up. I had not yet given them any information at that point like names. I started by saying I needed to file a stolen gun report and what happened. That was Fort Pierce PD. What? I was nervous! I've never had a problem like this before. Like everyone keeps saying it's a big deal. I don't know what could have been if I stepped up and pushed this to the max.
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Old 07-06-2010, 09:18 PM   #33
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Have talked to several lawyers about transporting weapons in FL. First they have all said to never use the phrase "step" when refering to how it is transported. The wording I have heard from several independant sources is: Positively controlled, (i.e. in a snapped holster, zipped case, FAG bag etc) and not readily accessable to the driver. I have asked if the passenger seat pocket was legit and was told it is a grey area. If you own concealed carry, anywhere CONCEALED is ok. So based on what you are saying, sure she could have been arested, but she should have been released. But somehow, unless the gun was peeking out of the pocket, I don't see how he would have been able to snatch the gun without conducting an illegal search. I tell my wife for everything: Get names!!! Get details!!! If your wife had the guys name, car number, date and time, location, your claim just got a whole lot more legit. Kinda hard for a desk jockey to tell you their officer is an angel who would never do something if you have details to back it up!!!
The search was not illegal. She knew it was there and what she was up against. The nervousness was all over her face. He simply asked her if there was anything he should know about and she told him about the gun.
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Old 07-06-2010, 09:57 PM   #34
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This is not a normal response from me, but in this case, I'd suggest you contact an attorney. Explain your wife's legal situation at the time of the traffic stop and go from there. Regardless of that, however, the officer committed a crime if he took the firearm. Period. If he neglected to make a report about the stop, he compounded it, and he was also violating protocol by not checking to see if the firearm was indeed legal or illegal to be in your wife's possession. Bottom line is that the officer did enough wrong things willfully to overwhelm anything your wife was guilty of as an oversight. Another reason that when I am asked a similar question (Do you have anything in the car I should know about?) on a traffic stop, I respond with "Everything you can see". If he/she is not satisfied with what is readily visible, he/she will be getting a warrant to look further.

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Old 07-06-2010, 10:03 PM   #35
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Once again thank you all for the replies. I dont get on the computer much these days that's why my responses are so spread out-sorry. I did not put all details out in the original post because-well it's embarassing. Some people though are very inquisitive and so I gave in. I did not put this out here to try and solve the case or get back my gun. I knew from the start it was gone. I can only blame myself for what happened. I was only worried that getting a gun taken by a LEO registered to me would strip away my rights. I was really stressing about it. I'm still not sure that it won't. I thought maybe someone else had a gun taken by LE in a similar situation. I was hoping to get a reply like "no man you got nothing to worry about", which I in fact did-thank you Sir. I have no criminal background to speak of. However every time I buy a weapon I get tense when they call the ATF. Like I am so excited to get my new piece and I feel like it's gonna come back as a big "NO". I can't help it, thinking about being in a Gun Shop or something waiting in line. People behind me. I've had this gun on layaway for a month, anticipating bringing it home. Then the FFL guy calls in the transfer....and all because of this ordeal I get denied. That's it, that is what I was worried about when I posted my story.
My apologies for any confusion relating to my story.

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Old 07-06-2010, 10:09 PM   #36
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Being a victim of theft cannot effect your ownership rights. I have had a gun stolen from my vehicle and I promptly reported it to the police. The gun was registered in my name because I bought it from an FFL, but I had no permit to carry it on me at the time. I have since bought several handguns with no consequence. You should not be concerned about that, but you are far more willing to accept your loss than I would be.

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Old 07-06-2010, 10:15 PM   #37
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They have gun registration in Florida? I thought otherwise.

Also, unless you are saying that this story is total bs made up by you, I would check with the wife's boyfriend as to where the gun is located. Supergus said "Dash-Cam". All police activities are recorded by cameras on the dash. They can't legally alter them, and they can't mess with the video. If all police in the area say there was no stop at that time, on that day and on that road, then there is a hole in your wife's story. The other possiblility is that it was a fake cop as someone else suggested...

Anyway, I call bs. You should push the issue and be honest with the police. They may have bigger problems on their hands just because of this story. No matter what, someone has your gun. Whether it be dirty cop, fake cop, drug dealer, etc. I would not let this go.

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Old 07-06-2010, 10:45 PM   #38
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I only know what i was told. when i bring it up she gets pissed, convinced she will go to jail. Before she got on probation she was in the county jail for a month. It was the first time she had been locked up. She is terrified to go back. You and I know this is bigger than her case. There is no convincing her otherwise. I suggested the whole lawyer thing, and tried to explain how this cop's actions are serious. She won't work with me on this at all. In the end I screwed up leaving the gun in an insecure enviroment, yeah it's my car but she had the keys. Sure she could have taken it out herself before she left the driveway, woulda coulda...it's my fault in the end. I know full well that all cops are not honest. If my wife were not involved believe me I would raise hell. It was a $600 pistol. My wife and I own a home, and have three kids. If I did push this issue and she got hurt over this, it would most likley be over between us. I know it sounds weak, but you dont know what i been through with her over this whole thing.

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Old 07-07-2010, 02:28 AM   #39
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Jason, I understand how you and your wife feel. The thing that pops into my head every time I read this thread is this. If this was MY handgun that was stolen, regardless if it was a LEO or not, I could not help but think, what if MY gun was used in a crime and someone was killed. I would have difficulty dealing with this if I hadn't exhausted every avenue to get it back. Talk to a lawyer, many have free initial consultations, be completely honest, don't leave anything out. A lawyer is the ONLY person who can tell you your options. If the lawyer says drop it, then drop it, he/she will tell you if there could be any consequense to your wife. If everything told to you is true, then, in my opinion, it is your duty as a responsible gun owner to do what you have to do.

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Old 07-07-2010, 03:24 AM   #40
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Makes me wonder
I think all LEO's are trained to call in/log in the license plate of every car they pull over before they make contact with the driver. They have no idea who is behind the wheel of the car and this provides a link to contact.

If the pistol is registered to you it is by the serial number and know law enforcement can find out who a firearm is reistered to if they find one at a crime scene so expect they can also discover the serial number for your firearm.

You said you have the box for the pistol. I don't know of any manufactures that don't have a lable on the box that describes the firearm included the serial number.

I have never heard of a LEO taking a firearm with out providing paperwork.

A dirty cop seems like a good story but considering dash cams, GPS in patrol cars, report in for stops prior to contact makes this hard to swallow. Yes it could still happen and unless you have other concerns I would follow up in a big way.Your wife knows where she was pulled over and should be able to describe the uniform the officer was wearing.

If it were me I wouldn't hope for the best, I would find out what happened. The state police would be your best option. Expain the situation and tell them about your theft report. I doubt they will hold it against you. This could come back to bite you latter depending on where that pistol shows up.

All the same I expect there is more to this story than you know and it has little to do with a dirty cop IMHO.

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