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Old 12-08-2012, 15:15   #261
SoldMyHat
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I have been watching some videos on YouTube about this very thing. One thing is common in each one; the person being questioned by the authorities is a jerk that is overly consumed with exercising his rights to the fullest without considering the law and the rights of others. Being questioned by an officer is not a crime, but being a jerk to an officer will quickly and legally restrict your rights at hand.

I am working on getting my Handgun Carry Permit and these types of things are interesting to me. But like I said, there is always a common thread among all posts and videos. For instance, as I understand it, in TN when pulled over by a LEO, you are to immediately notify them that you are armed and turn over your firearm to them during the stop.

I am also glad to know that there are LEO's out there serious about keeping our communities safe and are making concerted efforts to keep bad guys with guns off the street. If that means I get questioned by a few cops, so be it. As long as I am courteous, as we all should be since these men/women are protecting us, then all should go well.
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Old 12-08-2012, 15:21   #262
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Quote:
Originally Posted by SoldMyHat View Post
I am working on getting my Handgun Carry Permit and these types of things are interesting to me. But like I said, there is always a common thread among all posts and videos. For instance, as I understand it, in TN when pulled over by a LEO, you are to immediately notify them that you are armed and turn over your firearm to them during the stop.
Welcome to GT!!

The part I put in bold, that is not true.

Why don't you start a new thread and ask that question so we do not hijack this one.

Thanks!
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Old 12-08-2012, 17:39   #263
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Originally Posted by bucksnort1959 View Post
I was asked if my concealed was loaded. pretty stupid cop and the impending civil rights violation suit will maybe edumacate him



Moderator Note: I moved this from another thread to its own for better exposure and discussion. Hopefully, it might help others who find themselves in similar circumstances.
The LEO must ask if the CCW is loaded, for it is legal in NH to CCW with an unloaded handgun. So the question is valid in any state that allows unloaded CCW.
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Old 12-08-2012, 18:05   #264
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Originally Posted by SoldMyHat View Post
I have been watching some videos on YouTube about this very thing. One thing is common in each one; the person being questioned by the authorities is a jerk that is overly consumed with exercising his rights to the fullest without considering the law and the rights of others. Being questioned by an officer is not a crime, but being a jerk to an officer will quickly and legally restrict your rights at hand.

I am working on getting my Handgun Carry Permit and these types of things are interesting to me. But like I said, there is always a common thread among all posts and videos. For instance, as I understand it, in TN when pulled over by a LEO, you are to immediately notify them that you are armed and turn over your firearm to them during the stop.

I am also glad to know that there are LEO's out there serious about keeping our communities safe and are making concerted efforts to keep bad guys with guns off the street. If that means I get questioned by a few cops, so be it. As long as I am courteous, as we all should be since these men/women are protecting us, then all should go well.
Actually there's not a right to notify in TN, but we will know you have a handgun carry permit when we run your DL. The officer may or may not ask for the weapon. I never have. I normally just ask where it is and leave it there. LEOs do have the right statutorily to disarm in TN if they feel there's a safety concern. Normally that's not hard to articulate involving a traffic stop.

And you're right, courtesy goes a long way. I have yet to disarm a permit holder after 11 years on the job. I've arrested a handful, but it was DUI and/or drug-related. I was involved in another arrest where the permit holder had a handgun with filed serial numbers. That didn't end well for him. ATF got involved.

Last edited by SgtScott31; 12-08-2012 at 18:05..
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Old 12-08-2012, 18:11   #265
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Actually there's not a right to notify in TN, but we will know you have a handgun carry permit when we run your DL. The officer may or may not ask for the weapon. I never have. I normally just ask where it is and leave it there. LEOs do have the right statutorily to disarm in TN if they feel there's a safety concern. Normally that's not hard to articulate involving a traffic stop.

And you're right, courtesy goes a long way. I have yet to disarm a permit holder after 11 years on the job. I've arrested a handful, but it was DUI and/or drug-related. I was involved in another arrest where the permit holder had a handgun with filed serial numbers. That didn't end well for him. ATF got involved.
A courteous, LEO reply. Thanks.
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Old 12-08-2012, 19:12   #266
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If his responses here are any indication the he probably did not answer the questions or asked his own out of nowhere questions.

LEO: Do you why I stopped you?

BS: What percentage of bowlers have picked up a 7-10 split?

LEO: Have you been drinking?

BS: Have you ever had a drink for 4 nights in a row and then skipped drinking for two nights?
I bet he was wearing a tin hat too.
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Old 12-08-2012, 19:54   #267
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Pretty sure it is illegal to be in possession of a firearm if you have had just one drink. If your gonna have a beer leave the gun at home
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Old 12-08-2012, 20:03   #268
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First, officers looking nervous on video has NOTHING to do with the legality of their actions.

Good luck with your civil suit.

I've arrested people for DWI without doing field sobriety and won. I've arrested people for DWI that later tested at less than .08 and won. Of course, BAC over .08 and DWI are two separate charges in my state. For DWI all that really matters is your level of impairment. In other words, if the officer can articulate why he had PC to arrest you, he's probably fine.

Good luck with your civil suit.

Somebody will probably chime in here that Arizona v. Gant removed searches of vehicles incident to arrest, which isn't true. The decision removed arbitrary or procedural searches incident to arrest. With a DWI there stands a pretty good chance that there's going to be evidence of the crime in your vehicle (cans, bottles, etc), and a search incident to arrest for evidence related to the crime the individual was arrested for is reasonable. Furthermore, at least in my state, an officer detecting or believing in good faith that he detects an odor of marijuana in your vehicle has PC to search.

Again, good luck with your civil suit.

Further-urthermore, if the arrest is deemed legal, the confiscation of your weapon as evidence of probably yet another crime (possession of a firearm while intoxicated...) is golden as well. I sincerely doubt the officer used the word "steal" in reference to your firearm and the wording matters. Even if he did, a joke in poor taste makes you look stupid in court but doesn't necessarily mean you lose.

Good luck with your civil suit. Seeing a theme?

Of course, the above is all written based on the assumption that you really have a pending civil suit and your post wasn't simply "I want to be one of the tough guys" internet chest-thumping.

THIS hit the nail on the head...... good on ya sir!!

(OP, seriously, in everyones best interest, leave the legal stuff between you, your lawyer, and the courts.)
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Old 12-08-2012, 20:13   #269
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Sorry to double post here but a couple more (potentially) overlooked things.

Here in Minnesota it is:

A. Illegal to speed.
B. Illegal to drive with a Blood Alcohol Content (BAC) over .08 (same as in every other state)
C. Illegal to drive if even the smallest amout of alcohol impairs your ability to operate a motor vehicle (meaning if you have one shot, and you are s**t faced, you cannot drive)
D. NOT a civil rights violation to ask a person if they have a weapon on or about their person, and if they have a firearm they are carrying, or intend to carry, must provide proof of a carry permit upon the officers request (so therefore, asking if the firearm is loaded...... thats just good..... how shall we say...... questions???)


And finally, if you were in fact placed "under arrest" most agencies have DEPARTMENT POLICY to search a motor vehicle to inventory the contents. That way the subject of the stop cannot come back and say "hey, I had $2,500 cash on the passenger seat when I was stopped, where is it?"

So.... that is more than likely why they searched your vehicle OP
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Last edited by MNOD Glocker; 12-08-2012 at 20:14.. Reason: wrong words in the wrong place
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Old 12-08-2012, 21:26   #270
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Pretty sure it is illegal to be in possession of a firearm if you have had just one drink. If your gonna have a beer leave the gun at home
Pretty sure you should have read the rest of the thread before making you first post. It seems that in Wisconsin ( if that is where the dude lives at) it is not illegal to drink while carrying, provided you are not impaired by said drinking. Wheither or not one drink would impair the gentleman in question is a different question. I frankly don't understand the people that say you should never carry a firearm if you have a drink. I wonder if same persons leave their pocket knives and other sharp objects at home too, when having a drink. That is another discussion, though, and one that has been kicked around in this forum before.
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Old 12-08-2012, 23:09   #271
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Pretty sure you should have read the rest of the thread before making you first post. It seems that in Wisconsin ( if that is where the dude lives at) it is not illegal to drink while carrying, provided you are not impaired by said drinking. Wheither or not one drink would impair the gentleman in question is a different question. I frankly don't understand the people that say you should never carry a firearm if you have a drink. I wonder if same persons leave their pocket knives and other sharp objects at home too, when having a drink. That is another discussion, though, and one that has been kicked around in this forum before.
I agree with your statement. I have been told here in MN, it is illegal to be in possession of a firearm ( on your person) and have a .04 BCA or more.

I know instructors for permit to carry courses make the statement "if you drink at all, dont carry" so it is probably a safe rule in more ways than one to live buy.
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Old 12-09-2012, 19:19   #272
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I read page one. Then went to page 11. My educated guess is this story is bs.

Last edited by dnuggett; 12-09-2012 at 19:20..
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Old 12-09-2012, 20:20   #273
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if i carry.....i'll drink water......
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Old 12-09-2012, 20:38   #274
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The OP, bucksnort1959 has logged in to GT twice since his last post, but has not added more to the discussion.

bucksnort1959, whenever you have anything of substance to report, please start a new thread. Good luck.
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Old 12-09-2012, 22:53   #275
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The OP, bucksnort1959 has logged in to GT twice since his last post, but has not added more to the discussion.

bucksnort1959, whenever you have anything of substance to report, please start a new thread. Good luck.
I'm betting he won't, either because it didn't happen or he won't want to share that he didn't get the outcome he wanted...
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Old 12-10-2012, 05:12   #276
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Quote:
Originally Posted by BicycleDay43 View Post
An individual must be 21 years of age to be hired as an LEO for most agencies. (For dealing with handguns, alcohol). Not sure if you're being sarcastic or just full of it.
There's several PD's that hire 18yr olds.

Detroit PD immediately comes to mind.. but I know there's others.

http://www.detroitmi.gov/Departments...iceCareer.aspx

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Old 12-10-2012, 08:05   #277
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There's several PD's that hire 18yr olds.

Detroit PD immediately comes to mind.. but I know there's others.

http://www.detroitmi.gov/Departments...iceCareer.aspx
There are many jobs that they can give the young people until they are 21 or so. I have never met an 18 yr old cop.
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Old 12-10-2012, 09:25   #278
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There are many jobs that they can give the young people until they are 21 or so. I have never met an 18 yr old cop.
It's just timing. My stick buddy in flight school pinned on WO1 and his wings hardly a month after turning 18. Figure 8 weeks for basic and 9 mo for flight school means he was barely 17 when he enlisted...18 yo cops don't even surprise me.
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Old 12-13-2012, 13:09   #279
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Technically under state law LE agencies can hire 18 yr olds in TN too, but I've never ran into one when I help teach at the academy. There were a few 20 yr olds here and there, but they were the youngest. I personally wouldn't hire 18 yrs olds. The majority still have some growing up to do.

Last edited by SgtScott31; 12-13-2012 at 13:09..
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Old 12-13-2012, 14:17   #280
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If his responses here are any indication the he probably did not answer the questions or asked his own out of nowhere questions.

LEO: Do you why I stopped you?

BS: What percentage of bowlers have picked up a 7-10 split?

LEO: Have you been drinking?

BS: Have you ever had a drink for 4 nights in a row and then skipped drinking for two nights?
HaHaHaHaHaHaHaHaHa!
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