guns and traffic violation

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Re: guns and traffic violation

Post by dhollis51 on Wed Jul 27, 2011 10:09 am

that is why I leave my hands on the steering wheel while being stopped. best for the both of us.

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Re: guns and traffic violation

Post by Expat on Wed Jul 27, 2011 10:22 am

Ok now we know the rest of the story. If you are doing something stupid to begin with then all bets are off. By knowingly and willingly breaking the law, and in this case, endangering others by racing on a public road, you have already thrown yourself under the bus so to speak. Doing this while having a firearm in just makes matters worse. IMO if you are exercising your right to keep and bear arms you are held to a higher standard and you should go out of your way to avoid doing anything illegal, because it reflects badly on all gun owners.

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Re: guns and traffic violation

Post by glock23owner on Wed Jul 27, 2011 3:54 pm

i realize it was stupid to race on the street. i will not be doing that again. as far as i have read the way they word the gun laws seems like they want us to know what we can't do but not what we can do leaving most on the leo's. so next time i get stopped my hands will be on the steering wheel and the first thing i'll say is i have a firearm.

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Re: guns and traffic violation

Post by burninfilm on Wed Jul 27, 2011 4:46 pm

Great idea !

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Re: guns and traffic violation

Post by Eaglestroker on Wed Jul 27, 2011 5:03 pm

miker84 wrote:They don't take kindly to that around here, especially in the city limits. City LEO or Sheriff? Horn Lake or Southaven?


I had a trooper ask me if I wanted to race once at a roadblock on 51 south of Church Road. I politely told him I didn't want to embarrass him in front of friends Smile

To the OP it sounds like a good learning experience - glad nothing worse than a ticket came of it.

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Re: guns and traffic violation

Post by burninfilm on Wed Jul 27, 2011 8:41 pm

DCKilla wrote:Total BS, you can have your gun any where and in any condition in your vehicle. In Mississippi, you do not have to tell anyone you have a gun in your car. Yes, keeping your hands on the wheel is good ADVICE, but not required. I would suggest you file a complaint with the department that these LEOs belong to. Searching and seizing property without RAS, yeah, the 4th amendment protects from that kind of crap. Looks like they covered most of the Bill of Rights, 4th, 5th, and 2nd.


You have your opinion, I have mine. I don't know what your is based on, but mine is based on experience and training. While certain things aren't required in Mississippi, like hands visable and informing the officer of weapons, they do help mitigate a stressful situation and may save a life. For example, I once made a traffic stop where, when the citizen was asked for registration and proof of insurance, he opened the glove compartment, and the pistol therein, fell towards his hand. At that point he was extremely close to being shot. It would have been justifiable, but was totally unnecessary. All the driver had to do was inform me he had a weapon in the Glove compartment and then ask what I wanted him to do. Had I been a young inexperienced officer, it would have ended differenly.
The officer has an absolute right to assure his/her own safety, which includes removing the weapon from the reach of the citizen and searching the vehicle, within reach of the driver..

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Re: guns and traffic violation

Post by DCKilla on Thu Jul 28, 2011 12:11 am

burninfilm wrote:
The officer has an absolute right to assure his/her own safety, which includes removing the weapon from the reach of the citizen and searching the vehicle, within reach of the driver..
They might have that "right" on the street, but not in the courtroom. When your so called "rights" violates the 4th amendment, that's where the problem lies.

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Re: guns and traffic violation

Post by burninfilm on Thu Jul 28, 2011 6:52 am

FYI:
http://www.policemag.com/Channel/Patrol/Articles/2003/11/Point-of-Law.aspx

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Re: guns and traffic violation

Post by TomBomb on Thu Jul 28, 2011 7:09 am

Good Link.....

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Re: guns and traffic violation

Post by lpdb185 on Thu Jul 28, 2011 7:25 am

DCKilla wrote:
burninfilm wrote:
The officer has an absolute right to assure his/her own safety, which includes removing the weapon from the reach of the citizen and searching the vehicle, within reach of the driver..
They might have that "right" on the street, but not in the courtroom. When your so called "rights" violates the 4th amendment, that's where the problem lies.


not to start an argument or anything, but that's been settled law for nearly 30 years. the link i posted earlier was a 2009 SCOTUS decision that upheld the same thing.

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Re: guns and traffic violation

Post by butch86 on Thu Jul 28, 2011 11:03 am

LEO safty comes first and formost...................... his job is stressfull enough as is. i tell LEO what i wanted to know when i was on patrol for SD. if i have my pistol in the truck i give him my licesens regestration and insurence as soon as he is at the window. i greet him as officer ( by name if i know them). if asked i tell them what and where my wepon is.
when i was on the road my partner tazed a guy for reaching over a open chambered rifle on the seat of his lil truck. (the bolt was on the dash). i was conducting the stop and had been there long enough to see the gun, the bolt, and get DL. this guy got tazed for not listening to my partner. he was told to freeze, partner was in process of asking to put rifle on top of the truck. driver was focused on getting to glove box reguardless of being told to freeze. nothing was in GB bit insurence and regestration papers, but how are we to know that. he was tazed detained and charged for being a dumbazz.

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Re: guns and traffic violation

Post by TomBomb on Thu Jul 28, 2011 1:10 pm

Is this horse dead yet......

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Re: guns and traffic violation

Post by Scharfschütze on Thu Jul 28, 2011 2:12 pm

TomBomb wrote:Is this horse dead yet......

Dunno . . . hit it again . . . roll eyes

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Re: guns and traffic violation

Post by NotUndeadYet on Fri Jul 29, 2011 4:06 pm

Scharfschütze wrote:
TomBomb wrote:Is this horse dead yet......

Dunno . . . hit it again . . . roll eyes


I'll smack it one more time. When dealing with the po-po, demeanor is everything. I was once, in my misspent youth, pulled over for a dead licence tag. It had been dead for a year, I knew it, but had moved a few times since it expired and never had the money to transfer it to the new state(s). When the officer ran my DL, turned out it had been suspended because I had forgotten to pay a ticket the previous year. So, young guy, out of state dead tags, and out of state suspended license, and simply due to the way I handled myself, I was allowed to drive away. When he came back to my window, and told me my DL was suspended, I point blank asked him if he was taking me to jail. He just gave me a stern look, and told me that he should, but I seemed to be minding my own business, and handed me two tickets, and told me to show up with good tags and a good DL, and he'd have the tickets dropped. Demeanor is everything.

Having said all that, my brother seems to go to jail anytime he gets a cop's attention, mostly due to his attitude.

I've also learned from experience that the correct response to "Are there any drugs in the vehicle" is NEVER "not that I know of." Kinda tough to cough up your insurance and registration when you're in handcuffs, and since the officers were looking for drugs, they didn't see them either. Needless to say, the charge was "no proof of insurance" and I got to spend a couple of hours in jail. Once again, demeanor is everything, I'd had a bad day and was being an ass.

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Re: guns and traffic violation

Post by 1bradnc on Wed Aug 03, 2011 10:56 am

In all my encounters with LEOs I have always been armed.. I have never mentioned my gun nor have I ever been asked if I was armed. I think it just makes them nervous.. Out of sight out of mind... and please don't keep you gun and insurance papers in the same place! I keep my insurance card under my Dl in my wallet.

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Re: guns and traffic violation

Post by bigun220 on Wed Aug 03, 2011 3:07 pm

1bradnc wrote:In all my encounters with LEOs I have always been armed.. I have never mentioned my gun nor have I ever been asked if I was armed. I think it just makes them nervous.. Out of sight out of mind... and please don't keep you gun and insurance papers in the same place! I keep my insurance card under my Dl in my wallet.

I use to keep my insurance card in my wallet. It is a good idea. An extra copy should still be kept in the glovebox tho. I keep my gun holstered behind the passenger seat (attached to the pocket). Unless asked, I don't mention the firearm. Honesty goes a long way.

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Re: guns and traffic violation

Post by riverwalker on Wed Sep 28, 2011 11:59 pm

DCKilla wrote:Total BS, you can have your gun any where and in any condition in your vehicle. In Mississippi, you do not have to tell anyone you have a gun in your car. Yes, keeping your hands on the wheel is good ADVICE, but not required. I would suggest you file a complaint with the department that these LEOs belong to. Searching and seizing property without RAS, yeah, the 4th amendment protects from that kind of crap. Looks like they covered most of the Bill of Rights, 4th, 5th, and 2nd.




I'd lawyer up . You can carry anywhere in the vehical you choose. LEOs are all the same, think they know it all.

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