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Good post. I've been in the same situation. I was once disarmed by a WA state trooper during a traffic stop. I got my gun back too, dissasembled and unloaded in a plastc baggie... I don't envy the cops around here. We have had a rash of police officers killed in the line of duty starting on haloween and after that we had a mass murder of police officers that were sitting in a coffee shop doing paperwork. It is no small wonder why there is fear on the part of some oficers. On the other hand if the officer and this mayor understood the constitution they would know that the second amendment is not suspended in this case. This is what the second amendment is for! The second amendment is to codify the right that precludes an officer of the law or an agent of the government from taking your other rights for granted. It is no more suspended than your right to free speech or free practice of religion, during a traffic stop. The framers intended it to be the final check and balance against tyrrany. They believed self defense and self determination were "inalienable rights" and were "endowed by the Creator." A traffic cop or a fat liberal mayor do not have the power to take a way a right given by the Creator. In fact amendments do not give us rights they point them out to governments so that government must recognize these God given rights in the rule of law.
 

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Yeah I live here too, sad all those cops died. Have friends on the force in Seattle, Seatac and Everett county mounties too!


The guy from the begining failed to assert his rights and choose to answer the officer instead of asking "if he is being detained and or if he is free to go now" While you can't lie to the cops you can not answer and he could have head him off mentally and gave him the DL and proof of insurance. You could ask if he has a gun and also if he has gun sticker on the squad car. They really don't expect a battle of wits at a traffic stop. You can be polite and funny and assert you rights with out making the cop uneasy or feel threatened! Also getting out of the car is a bad idea too. Also remeber when you get out lock the car. If he asks why you locked it "good habit sir" Also don't conset to a search!!!! IF they see that you know your rights the could back off? Either way if your not a crook.... long term you can be polite and not give up your rights! I understand what the cop did and what the mayor said too. I think this is a lesson where if you are going to have gun sticker on you rig you need to be mentally prepped for this. You as a gun owner a cwp carrier should already be in yellow and practise being a mental ninja and aleart and not tripped up by police can be in the same situation.
 

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i aggree forest.. but here it just depends on who stops you.. the young officers are not being schooled in constitutional rights.. they just call like minded other officers an haul you in.. oh yes ,,theres a division in the leo s ranks also..gun owner just beware..that ccp may not be worth the paper it is written on in the near future..jmo slim
ps well my first attempt to hear the tape failed.. after listening to what happened.. i don t think the man has a common sense gripe.. the officer returned his gun.. i didn t understand that..i don t necessaryily agree with the mayor but im in the leo s corner on this..heck the officer wants to stay alive .. in this real world that would be thje most important factor.. n
now if he had gestopoed the fella an arrested him for having the gun .. thats another thing.. but he gave his gun back to him.. sounds like nit picking to me..if you don t think so .. you ride with an officer at say midnight an see how you feel about walking up to a carload of boys..i was so dang glad when my son chose another field to make his living ..because of that one factor..you can t argue with a 9 mil thats headed into your brain.. what am i not understanding about this..
 

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Piney Woods Moderator
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When you are detained by the police for a probable cause, your right to movement is restricted till you are released by the officer. The officer has a right to arrest you and take you into custody or to release you. One simple question you have to remember to ask as soon as an officer detains you and starts questioning you is "Am I under arrest". If the officer says no you are not, smile and walk away. If he says you are under arrest, immediately ask for a lawyer before any further questions are asked. Once you request an attorney, he must stop any questions till one is present. There is no law that requires you to cooperate with a line of questioning you feel is unreasonable. Actually in Louisiana where the film was made, you have a right to resist an illegal arrest but you may have a problem proving it was illegal.
 

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My problem with this whole thing is that they are saying that the police have the right to suspend your rights. That sentence alone doesn't make any sense, because rights, in their nature, are unalienable. Where in the constitution does it give police supreme power? Where does it say police are better than me or they can choose when I want to waive my rights? This mayor needs a tune-up if you ask me.

I am not anti-authority, I am anti-exercising authority that you don;t have.
 

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Piney Woods Moderator
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That was a politician talking and not a lawyer. His saying my rights are suspended don't mean squat....... I personally know the Shreveport LA police chief and he would never instruct his officers to operate in such a manner.
 

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Piney Woods Moderator
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Mayor Glover is usually pretty level headed. His blood sugar must have been high that day. But then again, he is a politician....
 

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I must be missing something here. If I was the LEO I you can bet that I would have held on to the gun until the traffic stop was over too, or made sure the guy was far enough away from it that it was not a factor.

If you are indeed a law abiding citizen and you arent going to use your gun against the officer, what is the difference if you arent using it while YOU have it for 10-15 minutes, or if you arent using it while HE has it for 10-15 minutes?
 

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What a crock... The police have no special powers under our constitution. Hasn't the mayor ever heard of a "citizen arrest"?

There's no "right" involved in where you keep your driver's license or insurance papers. Driving on public highways is not a right protected by our constitution. These are trivial matters, but our constitutional rights are not trivial.

This is how City Halls end up paying large amounts of money to private citizens.

This mayor sounds like he has his head very far up the orifice.
 

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Leverite you are exactly right, too many police think they have more rights than average citizens, they don't. Not that I disrespect cops or authority, I disrespect abuse of authority.
 

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OK - I had a casual conversation with a lawyer at deer camp just last week on this very subject!

Here's what he told me - "Do not put any kind of sticker on my vehicle regarding a gun or weapon. Then if a police officer stops you for a traffic voilation and asks "If you have a weapon in the vehicle? Do not answer that question. Tell the officer that a lawyer told you not to answer that question. If he argues and/or asks again, Ask if you are under arrest? If he says yes, then - Ask to speak to a lawyer before answering any more questions. If he says no, and asks again, then - Ask to speak to a lawyer before answering any more questions."

Comments on that advice please???



PS: I also like the idea above of locking the vehicle if asked to get out!
 

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Watch the flex your right video on you-tube from the ACLU they address this sort of thing. Not an ACLU fan per say but they got it right as to exercise your constitution rights!
 

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My problem with this whole thing is that they are saying that the police have the right to suspend your rights. That sentence alone doesn't make any sense, because rights, in their nature, are unalienable. ...
SOME rights are inalienable, meaning unable to be transferred or revoked. But in reality, most of our rights are alienable. It just literally takes an act of Congress, and in some cases, ratification by the States. But it CAN be done.

Our right to keep and bear arms is as solid as our right not to be forced to quarter soldiers in our home. But neither right is inalienable.

We are endowed by our Creator with CERTAIN inalienable rights, among these the right to life, liberty, and the pursuit of happiness. I won't argue, however, that many more rights SHOULD be inalienable.

Besides, when has a government given a darn what your Creator-endowed inalienable rights are? Even Thomas Jefferson recognized that these rights were from God and therefore not necessarily agreed-to by the Government.
 

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Sooo. I guess his right to remain silent had been suspender also?? The terrorist they have in GITMO even have that right according to Obama!! Yet we as American citizens can have ours "suspended" at a moments notice?!?!
 

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The Hog Whisperer (Administrator)
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OK - I had a casual conversation with a lawyer at deer camp just last week on this very subject!

Here's what he told me - "Do not put any kind of sticker on my vehicle regarding a gun or weapon. Then if a police officer stops you for a traffic voilation and asks "If you have a weapon in the vehicle? Do not answer that question. Tell the officer that a lawyer told you not to answer that question. If he argues and/or asks again, Ask if you are under arrest? If he says yes, then - Ask to speak to a lawyer before answering any more questions. If he says no, and asks again, then - Ask to speak to a lawyer before answering any more questions."

Comments on that advice please???



PS: I also like the idea above of locking the vehicle if asked to get out!
Sounds like it came from a lawyer, yeah, one that wants to get paid :D

OK - seriously..... we now have the right in Texas to have a gun in a vehicle, without a CHL. So, what are the obligations to tell an officer if they ask that question? I don't know.

I do know, if you have a CHL, then if you are asked for ID then you have to give the officer your CHL (if you are carrying) and then it's a moot point if he/she asked the question, they are going to assume you are carrying. Furthermore they have the right to disarm you, temporarily, at their discretion. So, in this case, having a CHL seems to be more of a handicap, than not, when it comes to a firearm in the vehicle.

Frankly I would be surprised if there is a cop on the beat who assumes people are not armed, until proven otherwise. I think they actually breathe a sigh of relief when you give them the CHL, at least, you are mostly likely not a wanted, dangerous felon who'll shoot them in a traffic stop.

Locking the vehicle when asked to get out.... probably will get the SWAT team called. At least in the cities....

Good question Ray......
 

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Actually, getting out and locking the vehicle (or your front door) is good advice, a cop can search anything you are in without a warrant, if you get out and lock the door, there is no way they can get in without a warrant.
 

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a cop can search anything you are in without a warrant
only with probable cause!

whether you're in your vehicle or not, you have to right to refuse a search unless there is any incriminating material in plain sight within the vehicle or on your person. As soon as you are found to be in possession of any said illegal material, you forfeit your right to refuse a search.

EDIT: once you're outside of your vehicle, they can frisk you if they please, with your consent or not.
 
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