LEO's checking gun serial #'s?

[6ANut]

No they will have to get a court order before they can run your SN. That's why I believe as stated above when some rookie cop called his boss for back up the gun was never ran. No judge wants his name on that warrant cause even if the gun does come up dirty but not from the specific crime it was initially ran for it will be thrown out of court. So yeah your rights are violated if you agree but then the cop might be less likely to write you a ticket for the initial violation, like happened in the start of the post.

[muledeerarea33?]

So I guess it comes down to Payin a ticket or protecting my rights, I would like to say my rights always come first but in the case at hand, I guess it comes down to how much time I have and if my paycheck is big enough to pay the ticket,

[6ANut]

Yeah pretty much or he could obviously not write you a ticket for going five over which my dad said he has beaten in his second year out of law school. But then is your ticket gonna be less than your legal fees? Probably that's what they are hoping for so you just pay the ticket, my dad just eats them for a mid day snack.

[Guest akaspecials]

I can't speak to the legality of the search, but I have been in vehicles at least 3 times where the Maricopa County Sheriffs have pulled us over and run the numbers on every handgun in the truck. This includes ones in cases and even suitcases. We've never objected because we've always been in the wrong traffic wise (rolling through stop signs or going 20+ over). We always were "yes sir, no sir" with them and they let us go every time with verbal warnings.

 

Long ago I stopped trying to "protect my rights" when dealing with LEOs because I always lost that battle; even when I was right and they were wrong. Now I'm just respectful and go along with whatever they say. I truly believe that being passive has gotten us out of some pretty hefty fines. I also believe the cops are doing it for their own safety and to get stolen guns off the street. I don't believe any data is being recorded and databased so I just go with it. It's not right, but it's how the world works. And being passive will probably save you time,money, and headaches.

 

Just my 2 cents...

[AverageJoe]

The officer is allowed to take the gun to protect his safety. When he takes it he has to check to see if it is stolen or not. There is a gray area when the person refuses to hand the gun over. Some would call that probable cause rightthere that the person is hiding something. Some might not. Each stop is different and has to be handled as such.

 

If someone is speeding 5 miles an hour over that is most defintely a violation of the law and a ticket would he warranted. No normal officer writes a ticket hoping they just pay it and dont show up. Every detail of the traffic stop is noted in case of a court date.

 

I wont get into scumbag lawyers perverting the law to make money. Worthless...

[Scooter]

Federal Law says that no Federal Government entity/agency can establish a record of legally owned firearms... (FOPA 1986) States reserve the right to do what they want to with Gun laws- so as long as your serial # was not transferred and kept by any Federal agencies, it can stay in the report. Like many others have said- it's grey area whether or not PC was established to run the number. I think that if one of my guns was stolen, and it was found through a check during a traffic stop- I would be pretty happy that the cops were doing such a thorough investigation. I would just politely make sure the officer was aware that it was illegal to transfer my serial # to any Federal registry though...

[Snapshot]

I have seen it many times, where LEO's, and the judicial system use a person's ignorance of the law to get away with things they normally wouldn't be able to. They can keep thier dang hands off my guns.

[POB]

Rights are like muscles... If you don't exercise them, you'll lose them. It is YOUR responsiblity to know your rights and exercise them. When we lose the right to keep and bear firearms it will be our own fault for giving them up one right at a time.

[jim]

average joe could you post the statute that allows you the right to take a persons gun without probable cause? And also the the statute that says if you possess a persons gun you have to run the serial number? The statute that makes it a gray area if a person refuses to turn over a gun on a traffic stop would be interesting to read also.

[ready2hunt]

average joe could you post the statute that allows you the right to take a persons gun without probable cause? And also the the statute that says if you possess a persons gun you have to run the serial number? The statute that makes it a gray area if a person refuses to turn over a gun on a traffic stop would be interesting to read also.

 

I wont speak for averagejoe however as mentioned previously...you have the right to refuse a request to hand over your firearm. If an officer stops to talk to you on the side of the road for no reason you have the right to tell them to pound sand and be on their way. You have the right to refuse a search of your vehicle (unless there is something incriminating in plain sight, AKA Inevitable Discovery). Refusing to produce a license (for example) is criminal if you are in control of a vehicle.

 

Furthermore, as averagejoe mentioned law enforcement has the right to protect themselves. If you for any reason move your hand to your gun (even if it is second nature to protect it) you can be assured that the LE officer will have his or her gun drawn on you for protection and they have every right to do so. As long as you are not under arrest (you can be under arrest without handcuffs on) think of your car as a home. The officer cannot enter unless there is a cause to do so. Again, it is all contained in Title IV "Search and Seizure" laws, hope that helps

[6ANut]

Their is no gray area with the law it is legal or illegal. That is why we have the legal system to protect us from these (grey area) laws cops make up. Loved the worthless comment Joe some would say the same about these grey area laws you speak of.

[muleskinner]

Be interesting to know how many of our law enforcement personnel have ever read the Constitution,,,which they take an oath to uphold, by the way. There is a ton of ignorance in our country when it comes to constitutional rights. " Probable cause", seems to leave a lot of room for abuse of our rights. No doubt, it was born out of good intentions...but the road to heck is paved with good intentions!

[elkrack]

for the few self-righteous know it all....., go take a 4th amendment constitutional law class sometime then come back and spout the same know it all c@#$. Here is a good place to start http://leotraining.com/

[6ANut]

That's a neat website. Guess 4 years of graduate school and 30 plus years of upholding the law is about the same. On the topic that was the start of this thread I still have yet to see any wording disproving what comments I made. Only thing I have heard is this grey area stuff. I love cops but not grey area cops, your legally sworn officer of the law just like a lawyer, judge and its your duty to uphold the law in a legal and ethical manner.

 

Not trying to start anything just answer the question that was first asked to the best of my knowledge.

[Jbird]

My buddy (hispanic and shaves his head), Army Veteran, medical professional, clean record, volunteers all over the place = good guy. He gets pulled over and gets checked in every possible way - in cuffs sometimes "for his own protection" and now doesn't exercise his right to carry because he's tired of it. He drives an old truck and I guess fits "the profile". I think it's wrong. If my weapons sn gets checked I'm selling it. No govt is going to have my numbers on file. Most cops are good guys and I suport them completely. But . . .