what can i expect?

Discussion in 'Legal and Activism' started by jason32, Jun 26, 2010.

  1. jason32

    jason32 New Member

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    A couple weeks ago, my wife was pulled over for speeding. She was in my car and my pistol was in the car. She knew it was there. The officer asked her if there was anything in the car and she told him about the gun. He removed the gun from the car and told her he would "pretend this never happened". He did not issue her a citation for the speeding or the weapon. She told me about the incident when I got home from work. I was heartbroken, I owned that gun for 9+ years. It was a Beretta 92fs.
    So since this happened I have been stressing out. On one hand my wife is pissed at me and does not want me to push the issue. On the other hand I can't stop thinking about it. I called the police station and explained what had happened. I was advised there was no traffic stop on that day and time fitting my description. They also said my wife is lying and thier officers would never do such a thing. So i finally called a police unit to my house today and just reported it as stolen. The officer gave me a card with a case number. He wrote down a description of the gun. I do not have the serial number, and the place where I bought it is gone. The question is will this incident affect my future in purchasing firearms? Because this gun registered to myself was taken by a LEO mean that I will be blacklisted in some way? Any advice will be greatly appreciated, thanks.
     
  2. Glasshartt

    Glasshartt New Member

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    Wait a minute, the officer took the gun, said thank you and left? That is total BS. I do not know what FL laws are about carrying in a vehicle, but in no way is what he did legal. Do not let this go away. If the PD Internal Affairs will not do anything, go to the State Police or go to the local media and bust it wide open. Who knows how many other times that he has done this. Does she remember his name, is she positive about which agency the officer is from? DO NOT LET THIS DROP.
     

  3. General_lee

    General_lee New Member

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    I don't know much about the laws in Florida.
    Here in Georgia, your vehicle is considered by law, an extension of your home.. it is perfectly legal to have a gun in your car, with or without a carry permit.
    If this was an incident that happened in Ga, I would say that your wife had encountered a bad cop that really liked your gun.
    Did he give ANY indication as to why he took it?
     
  4. jason32

    jason32 New Member

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    In my thread I am being very straightforward. There are a couple details which make this situation a little touchy. I could not help but pry a little, that is why I called and asked. The LEO could have arrested her for knowing it was there, I'll leave it at that. Ultimately I know it was my fault for leaving it there. I have no excuses why I did. I called it in stolen today. I told the officer I left the car unlocked and it was stolen. I know the gun is gone for good. At this point my main concern is can this affect me? My FFL dealer said "no". Today I learned that a serial # only exists where I bought the gun 9 years ago, and that place is gone. And when a cop runs the SN it only tells him if it's stolen. I just bought a new Stag AR15 a week before this happened. I own several other firearms and I plan on buying more. I have been a gun owner since I was 18, and BB guns before that. I am only worried this incident will affect that RIGHT. Thanks again.
     
    Last edited: Jun 26, 2010
  5. danf_fl

    danf_fl Retired Supporter

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    1st thing (if confronted in a situation like this), ask for a receipt. What the LE did is the same as saying "Got any drugs? Give to me, and nothing will be said (but I will enjoy them later)". You got ripped off, dude.

    A firearm can be carried in an auto in FL without a CCP, as along as, the "two move" rule cannot be violated. That means, if you have direct contact (on your lap or seat, unholstered/in a gun-rug), you are viloating state statutes.
    If it requires you to (1) open glove box, center console, carry case, unholster, then (2) have the firearm in your hand - Okay.
    If you can go from empty hand to gun-in-hand - Not Okay.
    Bottom line - Sorry for your loss. With no record, it is gone.
     
  6. DrumJunkie

    DrumJunkie New Member

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    I wonder how many weapons this guy has picked up so cheap. :mad:
     
  7. NitroxAZ

    NitroxAZ New Member

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    Something sounds fishy. There has to be more information than you are giving or getting in order to let it go that readily, IMHO. Also, it is not a privilege to own a firearm. It is your right as a U.S. citizen as outlined in the Constitution.
     
  8. bkt

    bkt New Member

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    Based on the way you describe it, the cop figured he could steal the handgun and your wife was in no position to argue or she'd be in hot water. You got ripped off. Welcome to earth. It sucks, but it happens. You will probably never get the handgun back -- particularly if the cops say there's no record of any stop that day at that time.

    Always keep a log of all serial numbers secure in a home safe.
     
  9. jason32

    jason32 New Member

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    Thanks everyone for the responses, and thanks for pointing out that it's my right not priveledge. I dunno what i was thinking when i typed that.
    However my main question is: Can my right to buy guns be taken away over this?
     
    Last edited: Jun 26, 2010
  10. bkt

    bkt New Member

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    I don't think this will be a problem for you in the future at all. If you're concerned, go buy a new firearm to test the theory. :D
     
  11. jason32

    jason32 New Member

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    Yeah my next weapon would have been a colt 1911, always wanted one. But...I gotta buy another Beretta 92 to fill that void. when I look at the empty box it just tears me to pieces. Almost like a death in the family. I went to my local gun store today right after filing the report w/ the officer. I asked if I could pay to just run the check-didnt happen for me. I would like to know for sure to save the embarasment of being turned down. I looked on some sites to see if i could check myself. Seems I would need that FFL to do so. Well thanks again for the input.
     
  12. jason32

    jason32 New Member

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    Thanks so much again everyone.
     
    Last edited: Jun 26, 2010
  13. pandamonium

    pandamonium New Member

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    Jason, I have a question. Where exactly was the gun when she got pulled over?
     
  14. cmhill

    cmhill New Member

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    Well your sorta caught here, you cant really push it any further now as you have filed a false police report. had you not done that i would have gone above the local law enforcement after the first call and contacted the local field office for the ATF.
     
  15. jason32

    jason32 New Member

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    it was holstered in the pocket behind the passenger seat.
     
  16. jason32

    jason32 New Member

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    yeah kinda funny, i had to lie to the police about something they did.

    Anyhow, like I said that cop could have arrested her for knowing that gun was there. I figure he did do her a favor by not...and ultimately it's my bad for leaving it there to begin with. I was just paranoid that somehow this could ruin my gun rights. But I am almost positive it won't. I was ignorant about how the whole serial number thing worked until a couple days ago. I thought that when a cop ran the number, my name just popped up.
     
  17. A5Mag12

    A5Mag12 New Member

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    Or how many a wife who don't like guns tossed in the drink and said a cop took it.
     
  18. A5Mag12

    A5Mag12 New Member

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    A completely legal spot for a gun where I'm from.
     
  19. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    Assuming this story is legit, there is a way to find the serial number. The agency can request the BATF search the records for the gun. When a FFL dealer goes out of business, their 4473 forms go to ATF for safekeeping. The actual documents are held indefinately. They will need the full name of the purchaser, the store name and address, the weapon description and an approximate month and year of purchase. They will actually look through the paper forms and find the information.

    Speak to the Officer/Detective about requesting a "trace" of the gun with ATF.

    I do not see the Theft report as "false". Theft is taking property belonging to another with the intent of depriving the lawful owner of the property. Once again assuming this is a legit story, the officer commited Theft. In Texas, Theft of a Firearm is a Felony. Theft by a Public Servant is also a Felony. IF this is a bad cop, he needs to be brought to justice.
     
  20. pandamonium

    pandamonium New Member

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    As I do not know the Fl laws, is this a legal place to have your firearm in your vehicle?

    If so, as Robo said, reporting as stolen should be no factor in following up with other agencys.
    I would contact the State Police and file a report with them.
    Unless there is more to the story, you still have options. I personaly would not sit back and let anyone steal a firearm from me, especialally some who is sworn to uphold the law.