PSA: Gun Owners BEWARE: Man Pulled Over, Harassed For Having CHL PERMIT But No GUN!

SlickSnake

Diamond Member
May 29, 2007
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I thought this was an interesting recent development. Since so many of you are passionate about the right to carry concealed firearms. This is what happens when your states share this information with other states, or you get dumped in a federal database. You become a rolling target in states that do not permit concealed carry.

http://tbo.com/list/columns-tjackson/jackson-gun-owner-unarmed-unwelcome-in-maryland-20140112/

http://www.bizpacreview.com/2014/01...r-harassed-for-having-permit-but-no-gun-94513

Those who support the Second Amendment rights often get harassed — even when they’re not exercising those rights. It happened to a Tampa-area businessman recently, and it wasn’t pretty.
You already made a thread about this. -Admin DrPizza (see last post.)

Oops! We locked them both. Unlocking this one as it was the first.
admin allisolm
 
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velillen

Platinum Member
Jul 12, 2006
2,120
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This has to do more with a power tripping Cop than it does about 2nd amendment rights. Cop tries to make up a story that isnt there to try to get the gun owner to confess to something that isnt true. Could happen with anything really.

Though if i was the guy i would be looking into a civil suit since the power hungry Cop was violating his rights and fabricating a story to get access to search the vehicle. What was the probable cause? A piece of paper?
 

destey

Member
Jan 17, 2008
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Until the supreme court upholds the 14th amendments incorporation of the bill of rights against the states, states have infringed upon the 2nd, you're just going have to deal with it. Vermont doesn't infringe (where I live) and a few other states don't infringe "much."
 

KB

Diamond Member
Nov 8, 1999
5,406
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There is a thread in OT on this too. Just remember this when you see Martin O'Malley (our gov) try to run for president. You will see this behavior all over the country.
 

SlickSnake

Diamond Member
May 29, 2007
5,235
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TY Allisolm! :wub:

This was only double posted in OT because I see dupe topics in the 2 areas all the time without them being locked and I wanted to make sure people with CHLs saw the news article.
 
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WackyDan

Diamond Member
Jan 26, 2004
4,794
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The irony. A criminal driving that same stretch of road with a concealed weapon and no permit wouldn't have been pulled over.

More irony - ccw holders are statistically less apt to commit a crime with their firearm than other legal firearm owners...

...And so he was pulled over. I can think of far better uses of tax dollars.
 

highland145

Lifer
Oct 12, 2009
43,973
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The irony. A criminal driving that same stretch of road with a concealed weapon and no permit wouldn't have been pulled over.

More irony - ccw holders are statistically less apt to commit a crime with their firearm than other legal firearm owners...

...And so he was pulled over. I can think of far better uses of tax dollars.
Actually, low hanging fruit. If the guy was carrying, he's going to jail/pay a nice fine and the popo is in very little danger vs the drug smuggler.
 

rudeguy

Lifer
Dec 27, 2001
47,351
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Actually, low hanging fruit. If the guy was carrying, he's going to jail/pay a nice fine and the popo is in very little danger vs the drug smuggler.

the greatest irony will be when the real reason for the stop comes out
 

Triumph

Lifer
Oct 9, 1999
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Couldn't the mods merge both threads? The other one had some good discussion (read, arguments) going.
 

Daverino

Platinum Member
Mar 15, 2007
2,004
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Ooogga Booogaa. Random story where nothing happens means thar takin mah gunz.

As a gun lobbyist, I suggest all current gun owners to go and buy another gun, just to check that the 2nd Amendment is still in place.
 

SlickSnake

Diamond Member
May 29, 2007
5,235
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Couldn't the mods merge both threads? The other one had some good discussion (read, arguments) going.

Agreed. If I had known they would lock one, I would have just posted this there. I just know some posters don't go there to read, and vice versa.
 

SlickSnake

Diamond Member
May 29, 2007
5,235
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Ooogga Booogaa. Random story where nothing happens means thar takin mah gunz.

As a gun lobbyist, I suggest all current gun owners to go and buy another gun, just to check that the 2nd Amendment is still in place.

If you don't understand that there was no probable cause to pull him over, since he is a LEGAL CHL holder in Florida, then honestly I don't know what you are going on about.

If he was a prior felon with history of gun offenses, then at least they would have had some possible legal grounds and probable cause to pull him over and inspect the vehicle.

Clearly, this was not the case.

So what was the point of pulling him over for 90 minutes and searching the entire vehicle except to harass a LEGALLY REGISTERED GUN OWNER?

What would they have done if he happened to be carrying a legally registered pistol unloaded in a gun case? Arrested him, impound the vehicle and force the wife and kids to call a taxi from the side of the road?

http://www.nraila.org/gun-laws/state-laws/maryland.aspx

CARRYING AND TRANSPORTATION IN VEHICLES

It is unlawful for any person without a permit to wear or carry a handgun, openly or concealed, upon or about his person. It is also unlawful for any person to knowingly transport a handgun in any vehicle traveling on public roads, highways, waterways or airways, or upon roads or parking lots generally used by the public. This does not apply to any person wearing, carrying or transporting a handgun within the confines of real estate owned or leased by him, or on which he resides, or within the confines of a business establishment owned or leased by him.

A person may transport a handgun if they can demonstrate that the handgun is being carried, worn or transported:

  • To or from a place of legal purchase or sale, or repair shop;
  • Between a person’s bona fide residences, or between his residence and place of business, if the business is operated and substantially owned by that person;
  • While engaged in, or traveling to and from a target shoot, formal or informal target practice, sport shooting event, hunting, trapping, or dog obedience training class or show; or
  • By a bona fide gun collector who is moving any part or all of his gun collection from place to place for public or private exhibition.
During transportation to and from the above places the handgun must be unloaded and carried in an enclosed case or enclosed holster. An additional penalty is provided for any person convicted of unlawfully wearing, carrying or transporting a handgun, if his deliberate purpose was to injure or kill another person.
So basically, you can have a handgun there, you are just mostly prohibited from being able to move it around, except as previously designated. So him carrying one THROUGH the state, even if he had a legal registered handgun, is PRESUMABLY PROHIBITED. But they also had no way of knowing if he had a handgun or what he might be doing with one, except he was flagged as a legal CHL holder, SO NO PROBABLE CAUSE.

However, let's think about this logically for a second. What if he was going to a job or to hunt, and had to travel through the state with it? What if he had a vacation house, and was traveling through the state with it? All of those are acceptable uses, but they wouldn't necessarily stop him from going to jail. The cops would arrest him, and force him to prove it and explain it to the judge. Especially after all their effort to entrap and harass him, they certainly wouldn't take his word for it, now would they?
 
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rudeguy

Lifer
Dec 27, 2001
47,351
14
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If you don't understand that there was no probable cause to pull him over, since he is a LEGAL CHL holder in Florida, then honestly I don't know what you are going on about.

If he was a prior felon with history of gun offenses, then at least they would have had some possible legal grounds and probable cause to pull him over and inspect the vehicle.

Clearly, this was not the case.

So what was the point of pulling him over for 90 minutes and searching the entire vehicle except to harass a LEGALLY REGISTERED GUN OWNER?

What would they have done if he happened to be carrying a legally registered pistol unloaded in a gun case? Arrested him, impound the vehicle and force the wife and kids to call a taxi from the side of the road?

http://www.nraila.org/gun-laws/state-laws/maryland.aspx

So basically, you can have a handgun there, you are just mostly prohibited from being able to move it around, except as previously designated. So him carrying one THROUGH the state, even if he had a legal registered handgun, is PRESUMABLY PROHIBITED. But they also had no way of knowing if he had a handgun or what he might be doing with one, except he was flagged as a legal CHL holder, SO NO PROBABLE CAUSE.

However, let's think about this logically for a second. What if he was going to a job or to hunt, and had to travel through the state with it? What if he had a vacation house, and was traveling through the state with it? All of those are acceptable uses, but they wouldn't necessarily stop him from going to jail. The cops would arrest him, and force him to prove it and explain it to the judge. Especially after all their effort to entrap and harass him, they certainly wouldn't take his word for it, now would they?


before you go on any more rants: please show why the driver was pulled over. Without that, you are just making up things to argue about.
 

Daverino

Platinum Member
Mar 15, 2007
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I was pulled over once by a cop on a power trip. He gave me a seat belt ticket even though I was wearing it. No Constitutional crisis occurred afterwards, however.
 

SlickSnake

Diamond Member
May 29, 2007
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before you go on any more rants: please show why the driver was pulled over. Without that, you are just making up things to argue about.
The officer — from the Transportation Authority Police, as it turns out, Maryland’s version of the New York-New Jersey Port Authority — strolls up, does the license and registration bit, and returns to his car.

According to Kally and John (but not MTAP, which, pending investigation, could not comment), what happened next went like this:

Ten minutes later he’s back, and he wants John out of the Expedition. Retreating to the space between the SUV and the unmarked car, the officer orders John to hook his thumbs behind his back and spread his feet.

“You own a gun,” the officer says. “Where is it?”
“At home in my safe,” John answers.
“Don’t move,” says the officer.
Now he’s at the passenger’s window. “Your husband owns a gun,” he says. “Where is it?”

First Kally says, “I don’t know.” Retelling it later she says, “And that’s all I should have said.” Instead, attempting to be helpful, she added, “Maybe in the glove [box]. Maybe in the console. I’m scared of it. I don’t want to have anything to do with it. I might shoot right through my foot.”

The officer came back to John. “You’re a liar. You’re lying to me. Your family says you have it. Where is the gun? Tell me where it is and we can resolve this right now.”
Looks pretty obvious what happened there Rude Guy. I hope you also didn't miss the part at the end where he already got an apology from the officers captain and the internal affairs captain of the MTAP about this. The only time cops apologize is if they think they are actually in the wrong and want to avoid litigation.

Now, despite having fielded apologies from the officer’s captain as well as from a Maryland Transportation Authority Police internal affairs captain, John is wondering if he shouldn’t just cancel his CCW license.
 
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rudeguy

Lifer
Dec 27, 2001
47,351
14
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Looks pretty obvious what happened there Rude Guy. I hope you also didn't miss the part at the end where he already got an apology from the officers captain and the internal affairs captain of the MTAP about this. The only time cops apologize is if they think they are actually in the wrong and want to avoid litigation.

and neither one of those says why. The driver assumes but has no evidence. Just like you.
 

SlickSnake

Diamond Member
May 29, 2007
5,235
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and neither one of those says why. The driver assumes but has no evidence. Just like you.

So, you want the video or audio to also prove it? Are you also planning to litigate it for him? Do you always hold this high a standard of proof for every single news post made here before someone dares to comment about it? What the hell is wrong with you, anyhow.