Gun ownership probable cause to for search and seizure?

[OODA_Loop]

One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas), provided that the firearms and ammunition are not immediately accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, the firearms are located in a locked container.

Under this provision, someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that the individual did not stop in New Jersey or New York for an extended period of time.

See 18 USC § 926A 18 U.S. Code § 926A - Interstate transportation of firearms | LII / Legal Information Institute

 

[The Rabbi]

Understand that no one is defending LEO’s actions, he likely violated a number of policy guidelines; but it’s inane to infer that LE is targeting gun owners for a Terry Stop simply because they own a gun, and it’s also inane to infer that some sort of civil rights ‘violation’ occurred.

You're defending his actions.

Its not inane to think they were targeted because of the CCW.

It is why they stopped him.

Actually I suspect it was because of the FL licenseplate. He cannot run the DL until he has it in his hands.
There have been other cases of cops stopping cars because they had pro-2A bumper stickers and using that as PC that they had guns. The courts have rejected that argument btw.
Once hte guy realized the cop was on his tail he should have pulled over at a rest stop and just gotten out until the cop left. If the cop approached him he should have politely but firmly told him to go away. Cops in places like MD and NJ are not your friends.

 

[The Rabbi]

One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas), provided that the firearms and ammunition are not immediately accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, the firearms are located in a locked container.

Under this provision, someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that the individual did not stop in New Jersey or New York for an extended period of time.

See 18 USC § 926A 18 U.S. Code § 926A - Interstate transportation of firearms | LII / Legal Information Institute

Yeah but both NY and NJ are notorious violators of the law.

 

[Mudflap]

The way the article reads, the guy was stopped and the cop asked where his weapon was. He was told the weapon was in Florida. The wife said it might be in the glove box or console. If the cop was truly worried the driver had a weapon it might have been over and done if the cop had checked the glove box and console, and maybe even under the driver's seat and areas within the driver's reach, but to hold the family for an extended period while they searched the engine compartment and door panels was overkill and totally improper.

I also don't have a problem with the cop calling for backup, but can't figure how the situation got so out of hand... other than it became a pissing contest to prove the guy did indeed have a weapon or at least had SOMETHING.

WTF is a .38 semi-auto, anyways?

 

[AmericanFirst]

Wait. He didn't get a ticket. He didn't go to jail.

What the fuck is this baby crying about?

I thought gun owners were supposed to be tough.

Liberal commie police state tactics that is what. Libtards are idiots.

 

[hazlnut]

Wait. He didn't get a ticket. He didn't go to jail.

What the fuck is this baby crying about?

I thought gun owners were supposed to be tough.

So, you think that owning a gun is constitutional sufficient to justify a search and seizure?

Nothing was seized.

FAIL you.

 

[SwimExpert]

Wait. He didn't get a ticket. He didn't go to jail.

What the fuck is this baby crying about?

I thought gun owners were supposed to be tough.

So, you think that owning a gun is constitutional sufficient to justify a search and seizure?

Nothing was seized.

FAIL you.

What are you talking about? The man, his family, and his car were seized. Any time a cop detains you under authority of their job, and you are not free to leave immediately, you are seized by the state, for the purposes of the fourth amendment.

 

[Geaux4it]

So, you think that owning a gun is constitutional sufficient to justify a search and seizure?

Nothing was seized.

FAIL you.

What are you talking about? The man, his family, and his car were seized. Any time a cop detains you under authority of their job, and you are not free to leave immediately, you are seized by the state, for the purposes of the fourth amendment.

Exact;y- I would ask the officer "Am I free to go'? If not, I am being detained.


Geaux

 

[hazlnut]

So, you think that owning a gun is constitutional sufficient to justify a search and seizure?

Nothing was seized.

FAIL you.

What are you talking about? The man, his family, and his car were seized. Any time a cop detains you under authority of their job, and you are not free to leave immediately, you are seized by the state, for the purposes of the fourth amendment.

Not sure how to respond to how stupid and ridiculous that statement is….

This story proves why our Government should have a fully and accurate accounting of handguns and assault weapons. Every hand gun and assault weapon should come with a pink slip.

Cops are heros.

They need to know who might been in the car they are pulling over and should have all the info.

Stop being babies gun owners.

Stop crying.

Stop bitching. Man up, gun owners and take responsibility for yourselves.

 

[Geaux4it]

Nothing was seized.

FAIL you.

What are you talking about? The man, his family, and his car were seized. Any time a cop detains you under authority of their job, and you are not free to leave immediately, you are seized by the state, for the purposes of the fourth amendment.

Not sure how to respond to how stupid and ridiculous that statement is….

This story proves why our Government should have a fully and accurate accounting of handguns and assault weapons. Every hand gun and assault weapon should come with a pink slip.

Cops are heros.

They need to know who might been in the car they are pulling over and should have all the info.

Stop being babies gun owners.

Stop crying.

Stop bitching. Man up, gun owners and take responsibility for yourselves.

Um, no thanks. Your idea lacks support

E for effort however

-Geaux

 

[hazlnut]

Nothing was seized.

FAIL you.

What are you talking about? The man, his family, and his car were seized. Any time a cop detains you under authority of their job, and you are not free to leave immediately, you are seized by the state, for the purposes of the fourth amendment.

Exact;y- I would ask the officer "Am I free to go'? If not, I am being detained.


Geaux

Police need to be trained to taze people who start vomiting that Sovereign Citizen rap.

Taze first, ask questions later.


"Am I being detained" -- No, you're being hit with 10,000 volts of electricity… and now you're shitting in your pants.

If police would just start tazing wise ass morons, then these folks would to shut up and cooperate.

Police are heros.

 

[Kosh]

The far left propaganda machine is still spinning along...

 

[OODA_Loop]

What are you talking about? The man, his family, and his car were seized. Any time a cop detains you under authority of their job, and you are not free to leave immediately, you are seized by the state, for the purposes of the fourth amendment.

Exact;y- I would ask the officer "Am I free to go'? If not, I am being detained.


Geaux

Police need to be trained to taze people who start vomiting that Sovereign Citizen rap.

Taze first, ask questions later.


"Am I being detained" -- No, you're being hit with 10,000 volts of electricity… and now you're shitting in your pants.

If police would just start tazing wise ass morons, then these folks would to shut up and cooperate.

Police are heros.

 

[The Rabbi]

The way the article reads, the guy was stopped and the cop asked where his weapon was. He was told the weapon was in Florida. The wife said it might be in the glove box or console. If the cop was truly worried the driver had a weapon it might have been over and done if the cop had checked the glove box and console, and maybe even under the driver's seat and areas within the driver's reach, but to hold the family for an extended period while they searched the engine compartment and door panels was overkill and totally improper.

I also don't have a problem with the cop calling for backup, but can't figure how the situation got so out of hand... other than it became a pissing contest to prove the guy did indeed have a weapon or at least had SOMETHING.

WTF is a .38 semi-auto, anyways?

It was a Kel Tec P3AT chambered in .380. Little cheap pistol.
What did the cop need back up for? What kind of threat is a middle aged law abiding citizen on vacation with his family showing no hostility?
No, it was a "because we can" moment.

 

[The Rabbi]

What are you talking about? The man, his family, and his car were seized. Any time a cop detains you under authority of their job, and you are not free to leave immediately, you are seized by the state, for the purposes of the fourth amendment.

Exact;y- I would ask the officer "Am I free to go'? If not, I am being detained.


Geaux

Police need to be trained to taze people who start vomiting that Sovereign Citizen rap.

Taze first, ask questions later.


"Am I being detained" -- No, you're being hit with 10,000 volts of electricity… and now you're shitting in your pants.

If police would just start tazing wise ass morons, then these folks would to shut up and cooperate.

Police are heros.

I can remember when liberals were all about individual freedom and reining in police brutality. Now we see them advocating police brutality.
Now goose-step along, you little brownshirt.

 

[Mudflap]

The way the article reads, the guy was stopped and the cop asked where his weapon was. He was told the weapon was in Florida. The wife said it might be in the glove box or console. If the cop was truly worried the driver had a weapon it might have been over and done if the cop had checked the glove box and console, and maybe even under the driver's seat and areas within the driver's reach, but to hold the family for an extended period while they searched the engine compartment and door panels was overkill and totally improper.

I also don't have a problem with the cop calling for backup, but can't figure how the situation got so out of hand... other than it became a pissing contest to prove the guy did indeed have a weapon or at least had SOMETHING.

WTF is a .38 semi-auto, anyways?

It was a Kel Tec P3AT chambered in .380. Little cheap pistol.
What did the cop need back up for? What kind of threat is a middle aged law abiding citizen on vacation with his family showing no hostility?
No, it was a "because we can" moment.

I agree with "because we can." The cop(s) screwed up.

The cop didn't need backup... but I don't have a problem with backup being called. Cops will often cruise past a fellow cop on an innocent traffic stop to be available "just in case."

 

[Papawx3]

This is why I never register any of my weapons. It's none of their damned business how many of what type of weapons I might or might not own.

 

[hazlnut]

It's shocking that someone this stupid has kids.

His wife and kids would be better off without him and his security blanket gun.

He goes on the internet to cry like a bitch.

How embarrassing for his family.

Divorce his ass, baby!!!

 

[SwimExpert]

Not sure how to respond to how stupid and ridiculous that statement is….

Okay, so it seem that you are completely ignorant of your rights under the fourth amendment. Maybe you should go read some case law. I mean, if I were saying something controversial or novel I could understand you a little more. But what I said is completely and fully established, without room for question, in jurisprudence.

This story proves why our Government should have a fully and accurate accounting of handguns and assault weapons. Every hand gun and assault weapon should come with a pink slip.

Not sure how to respond to how stupid and ridiculous that statement is….

 

[hazlnut]

This is why I never register any of my weapons. It's none of their damned business how many of what type of weapons I might or might not own.

Yeah, you and Randy Weaver agree on that.