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Discussion in 'Legal and Activism' started by sn8ke, Feb 28, 2012.
Do county gun laws supercede state gun laws?
Having issues with local cops.
Some states, like here in Colorado have "Preemption Laws" specificaly to keep the junior league "Tin Horn Dictators" in municipalities from creating a patchwork of jurisdictions where you may be legal one minute and a criminal as soon as you pass a city limit or a County line. That afterall is the purpose of a Statewide "Shall Issue" concealed carry law.
That being said, I would advise you to study your State laws even to the point of consulting an attorney that is knowledgable on the issue. Make sure you have your facts straight, chapter and verse, and print it out. Respectfully request a meeting with someone high in the food chain of the department you have a disagreement with, and once again respectfully argue your case with printouts of exactly what the law says. They will deal with any individual officers you are having a problem with. If that fails, get a group of like minded CCW holders together, pool your money, and hire a lawyer to deal with your City or County directly.
Most of all, don't start a peeing match with the cops. No matter who is right, they hold the authority on the matter until someone higher up tells them otherwise. They get enough sass from the punks and the dirtbags that insist the crack pie and the stollen gun under the seat they are sitting in, is not theirs and they have never seen them before. Cops by their very nature are really not interested in having a protracted argument about anything, give them a break and deal with it the right way.
Its just one particular officer I'm having the issue with.. I've filed a complaint with the county and have yet to hear back from him..
Its bad. This weekend me and my youngest brother were getting ready to leave for the range. I noticed a patrol car parked about 6 houses down in my nieghborhood.
I didn't think much of it... so I continued to load my vehicle up.. ak47 ar-15 Tauras judge, and my hi-point. 45 carbine all went in. As soon as I cranked my Jeep.. he came barreling into my driveway lights and siren on... no other patrol cars ever arrived..
He says I'm violating some county code about number of firearms in a vehicle at one time I have my ccw and have never been in trouble with the law..
He says he's going to get a warrant to search my house.
Seems like just plain harrassment..
I called the county to find out about this code I am violating and have yet to hear background
the local governent limiting your personal property? seems kinda odd. hopefully you can find some info soon
Sorry didn't finish typing everything. Today I got pulled over on my way to work..
It was the same officer as over the weekend and a female cop..
Although I have my ccw I keep my .38 in a door holster. Both approached my car and asked me to exit the vehicle. I was never patted down. But the officer said they had a call come in of someone wreckless driving.. he asked if he could search my car I responded with what are you looking for.. he said weapons and drugs I told him my pistol was in the door and gave him my ccw..
The lady office said to me you look like the typical gun toteing doper. ?wtf?
I may be 22 with two full arms sleeves and a small armory in my house but I am a outstanding citizen. Never even had a traffic ticket..
So I was two hrs late for work no ticket was given or drugs found. Go figure..
If the county has not contacted me by tomorrow. I was thinking about contacting the local whistle blower news channel.
Not sure where you're at, but I would talk to the Chief or an attorney if I were you. Really sounds like some good old fashion harassment to me. You haven't made anyone mad at you? Maybe someone is trying to set you up. Or maybe their jealous of your toys!
locnload offered you some good advice. Tennessee does not QUITE have a state premption law- certain LOCAL gun laws that were on the books prior to April 1986 were permiited to remain.
I've been looking online to find out about NC laws pertaining to this with no luck..
I have a son I'm 22 with my own house own vehicles and a single father at that.
I have no time to have pissed ppl off I work and I spend time with my son and family. I do not go to bars or anything of that nature so .. I can't say that I've made anyone mad.
I do have an anti- gun nieghbor who is loopy at times but I do not see this as being related to her unless the cop is a relative...
Idk what I could have done to draw this attention..
I will try contacting the cheif of police tomorrow
as well as continuing research on NC gun laws
I wish you the best and please keep us updated.
Sounds like they were profiling. I don't know about in NC but here in CA that is a big no-no for LEO's. The fact is that full sleeves and multiple piercings are getting to be the norm these days (much to my chagrin, but I am of an older generation), so any LEO should be able to understand that not everyone with "body art" is a "gun-toting druggie."
What I would suggest is that if you are confronted again for no apparent reason you should ask politely what specifically you are being detained for. If it is the "local ordinance" regarding the number of guns that can be transported in your vehicle at one time then you have every right to ask exactly what the ordinance number is so that you can be in full compliance in the future.
If a LEO did not witness a reckless driving incident it technically in the eyes of the law did not happen (again, that is here in CA). And WTF did they hope to accomplish by searching your car for a reckless driving call?
I would document everything and if it continues consult a lawyer. You might have a harassment case on your hands.
A local firearms attorney would be a big help.
what county of NC are you in?
didn't find anything. http://co.union.nc.us/Government/Ordinances.aspx
but you can look in the county ordinances.
another place to look http://www.ncsheriffs.org/images/2007 NC Firearms Laws Pub.pdf. or just call the sheriffs office and ask them about it, politely.
Don't forget, there is always the NRA. And, the NRA would just love to hear about this...
I just thought also, if you don't get any satisfaction, you might try the State Attorney General. They're the They're usually the state's Top Cop.
You might try: http://www.handgunlaw.us/
Just select your state on their map.
It cites specific NC statutes and provides links to those statutes.