Can this happen

Discussion in 'Legal and Activism' started by Trimap123, Feb 16, 2012.

  1. Trimap123

    Trimap123 New Member

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    I am new to the laws on conceal weapons but is this for real I was told by a friend he was pulled over for running stop light he told police he had a gun on him and were it was on his person and showed lic and Id he said he was asked to exit car and he took gun he cuffed him and sat him down on curb when he was done checking him out he took gin and placed it in trunk of my friends car and told him that's were it stays can they do this what are my rights if I get pulled over
     
  2. kenhesr

    kenhesr New Member

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    ummm, where you at?????????

    Every state is a little different.
     

  3. Trimap123

    Trimap123 New Member

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    Florida. Miami area
     
  4. ScottA

    ScottA FAA licensed bugsmasher Lifetime Supporter

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    Sounds like someone was throwing their weight around.

    And just a recommendation... punctuation makes it much easier to read posts.
     
  5. kenhesr

    kenhesr New Member

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  6. vincent

    vincent New Member

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  7. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    Most states have laws that specifically permit officers to disarm permit holders while they are being detained (even for traffic infractions). It is difficult to acertain exactly what the situation was as I was not there and your punctuaton (or lack thereof) made it difficult to comprehend.
     
  8. Vikingdad

    Vikingdad New Member

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    Lack of punctuation makes it very difficult to understand what you are saying.

    Does your friend have a license to carry concealed in Florida?
     
  9. Trimap123

    Trimap123 New Member

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  10. Chainfire

    Chainfire Well-Known Member Supporter

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    I live in Florida, at the other end of the state, and I have not heard of anyone being so mistreated up here.

    It is not required in Florida to tell a cop you are carrying, unless he asks. If the cop thought he was "bragging" by telling him it may have set off the cop's alarm bells. If he don't ask, I don't tell.:)

    What I have a problem with would be the cuffs. Once the victim was disarmed the cop would have to be a real wuss to still be afraid of him. If the cop was doing his job correctly, by the time the car rolled to a stop, he knew who the car was registered to, and if there were any problems associated with car/owner.

    I understand a cop not wanting to write an expensive ticket to an unknown person that had a gun on his hip, and wouldn't want to turn his back to walk back to his car, but unless he cuffed every traffic stop, he was focusing on the gun unreasonably. By having a valid driver's license and a CCW, the victim already demonstrated that he was not a career criminal, and not likely a threat.....

    I would bet that the cop was not a State Trooper, those guys are usually about as professional as cops get.
     
  11. Trimap123

    Trimap123 New Member

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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.
     
  12. silverado113

    silverado113 New Member

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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.
     
  13. hawkman3111

    hawkman3111 New Member

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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.
     
  14. AZL

    AZL New Member

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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 ***, 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.
     
    Last edited: Feb 20, 2012
  15. etbob9

    etbob9 Member

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    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".
     
    Last edited: Feb 21, 2012
  16. Mason609

    Mason609 Active Member

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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.
     
  17. Overkill0084

    Overkill0084 Active Member

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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?
     
  18. AZL

    AZL New Member

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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.
     
  19. Mason609

    Mason609 Active Member

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    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.
     
  20. Vikingdad

    Vikingdad New Member

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    You would probably be surprised. What AZL said earlier is pretty spot on and he has been pretty spot on across the board here.