Traffic stop leads to pistol confiscation in Shreveport?

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  • Vermiform

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    Got this email today. Not vouching for its legitimacy, just wondering if anyone else got it and if they have heard anything else about it. If a thread has already been created for this, please kill my post and direct me to the thread.

    Also, I don't think the links got pasted in this post, not sure how to do that, so if you want me to forward it to you, send me an IM.
    ------------------------------------------------
    June 29, 2009
    Welcome to Shreveport: Your rights are now suspended.

    According to Cedric Glover, mayor of Shreveport, Louisiana, his cops "have a power that [. . .] the President of these Unites States does not have": His cops can take away your rights.

    And would you like to guess which rights he has in mind?

    Just ask Shreveport resident Robert Baillio, who got pulled over for having two pro-gun bumper stickers on the back of his truck -- and had his gun confiscated.

    While the officer who pulled him over says Baillio failed to use his turn signal, the only questions he had for Baillio concerned guns: Whether he had a gun, where the gun was, and if he was a member of the NRA. No requests for a driver's licence, proof of insurance, or vehicle registration -- and no discussion of a turn signal.

    Accordingly, Baillio told the officer the truth, which led the police officer to search his car without permission and confiscate his gun.

    However, not only does Louisiana law allow resident to drive with loaded weapons in their vehicles, but Mr. Baillio possessed a concealed carry license!

    What does such behavior demonstrate, other than transparent political profiling -- going so far as to use the infamous Department of Homeland Security report on "Americans of a rightwing persuasion" as a how-to guidebook, no less?

    Mr. Baillio made no secret of his political affiliations: An American flag centers a wide flourish of pro-freedom stickers and decals on his back windshield.

    In fact, when Baillio asked the officer if everyone he pulls over gets the same treatment, the officer said no and pointed to the back of his truck.

    Baillio phoned Mayor Glover to complain about this "suspension of rights" only to find that his city's morbidly obese "commander in chief" was elated at the story: According to Glover, Baillio got "served well, protected well, and even got a consideration that maybe [he] should not have gotten."

    Thankfully, Mr. Baillio recorded a good bit of that phone call. You can watch a video with the transcriptions
    here. I've reproduced a chunk of the call below:

    Baillio: (in the context of being asked about the presence of a gun) Well, I answered that question honestly, and he disarmed me.

    Glover: Which would be an appropriate and proper action, sir. The fact that you gave the correct answer -- it simply means that you did what it is you were supposed to have done, and that is to give that weapon to the police officer so he could appropriately place it in a place where it would not be a threat to you, to him, or to anyone in the general public.

    [. . .]

    Glover: My direction to you is that, had you chosen not to properly identify the fact that you had a weapon and directed that officer to where that weapon was located; had you been taken from the vehicle, and the officer, in the interest of his safety, chose to secure you in a safe position, and then looked, found, and determined that you did, in fact, have a weapon...then, sir, you would have faced additional, [inaudible], and more severe criminal sanctions.

    Baillio: So what you're saying is: I give up all my rights to keep and bear arms if I'm stopped by the police: Is that correct?

    Glover: Sir, you have no right, when you have been pulled over by a police officer for a potential criminal offense [which would be what?! - DB] to stand there with your weapon at your side in your hand [Baillio's weapon was nowhere near his side or his hand, and Glover knew that. -- DB] because of your second amendment rights, sir. That does not mean at that point your second amendment right has been taken away; it means at that particular point in time, it has been suspended.



    Will Grigg from ProLibertate, an excellent freedom blog, has this to say:

    According to Glover, a police officer may properly disarm any civilian at any time, and the civilian's duty is to surrender his gun -- willingly, readily, cheerfully, without cavil or question.

    From Glover's perspective, it is only when firearms are in the hands of people other than the state's uniformed enforcers/oppressors that they constitute a threat, not only to the public and those in charge of exercising official violence but also to the private gun owner himself.


    NAGR spoke with Mr. Baillio, and he told us that he's in the process of securing the official procedures and codes for firearm handling and private property confiscation for the Shreveport police department.

    So far, the city has been half-heartedly cooperating with him.

    "I felt sick," Baillio told NAGR. "My uncles didn't die for this country so I could surrender my rights like a wimp. I felt terrible. I was just thinking of all that my family has done for freedom in this nation -- including dying -- and here they are disarming me at a traffic stop."


    What to do?

    1. Read Luke's commentary here, and participate in the discussion by leaving a comment.
    2. Send this around. This kind of behavior cannot go unchecked.
    3. Call Mayor Glover's office to complain: (318) 673-5050.


    I'll leave you with one last consideration. As a licensed firearms instructor in charge of a hundred different students every month, I'm often asked if citizens should voluntarily inform police officers of the presence of a firearm during a routine traffic stop.

    While different states have different laws, my answer for Colorado citizens is an emphatic "No": Colorado law doesn't require you to volunteer that kind of information, and this case in Louisiana proves why, if at all possible, you should never invite trouble by doing so.

    In liberty,
    clip_image001.jpg

    Dudley Brown
    Executive Director
    National Association for Gun Rights
     

    Vermiform

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    Another question, did the officer keep the firearm in question or did he give it back at the end of the stop?

    I'm suspicious of this email because of the way it was written.
     

    aroundlsu

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    That typewriter font is highly annoying and difficult to read.

    Back on topic, I say it almost every post, keep your mouth shut if the cops ask you about your guns!
     

    Speedlace

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    Back on topic, I say it almost every post, keep your mouth shut if the cops ask you about your guns!
    According to the story the cop asked if he had any firearms in the car.

    Since he has a CHP, under law he must inform the LEO that he is armed.
    Another question, did the officer keep the firearm in question or did he give it back at the end of the stop?
    I'm guess he did b/c there isn't much hell being raised about it. Just the stop b/c of his firearms affiliation.

    :)
     

    Gus McCrae

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    This is on The High Road and the 1911 forum. The story has lots of holes in it and the intent is definitely slanted. I think the gun was returned at the end of the stop and we are required to inform an officer if we have a weapon if we are CCing.

    Because of the way the story was written, the only plausible question is "was he profiled and scrutinized because of his pro 2A stickers?" Since there are so many holes in the story, can we really take this question seriously?
     

    aroundlsu

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    According to the story the cop asked if he had any firearms in the car.

    Since he has a CHP, under law he must inform the LEO that he is armed.

    I'm guess he did b/c there isn't much hell being raised about it. Just the stop b/c of his firearms affiliation.

    :)

    You must inform the officer if you are carrying concealed. A gun in your car is not a concealed weapon.
     

    spanky

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    If you are carrying it's their business.

    If you are not then it is not.

    But be smart and keep your paperwork in a completely separate location than your gun unless you want one in your face.
     

    BRLAShooter

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    You must inform the officer if you are carrying concealed. A gun in your car is not a concealed weapon.

    I know that without a concealed permit, having a loaded gun in your car is not considered concealed carry, but, once you have a CHP, do you have to declare the weapon when asked about it? Would denying having a weapon, then having it found be grounds for revocation of the Permit?
     

    spanky

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    From http://www.lsp.org/handguns.html#duties

    Duties of Permittees
    The permit shall be retained by the permittee who shall immediately produce it upon the request of any law enforcement officer. Anyone who fails to do so shall be fined not more than one hundred dollars. Additionally, when any peace officer approaches a permittee in an official manner or with an identified purpose, the permittee shall:

    1. Notify the officer that he has a weapon on his person;
    2. Submit to a pat down;
    3. Allow the officer to temporarily disarm him.


    I cannot advise you one way or the other in regards to answering a question about weapons in your vehicle.
     

    Craig

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    The guy called in to "Tom Gresham's gun talk" radio show a couple of weeks back. I just heard it on the podcast. Tom said that he knows the guy and that he was a stand up all around good guy. Robert also said he had a religious sticker as well as NRA/firearms stickers on his truck.

    The podcast can be found in ITunes or here:http://guntalk.libsyn.com/index.php?post_year=2009&post_month=06
    It's episode 090607 partA, his call comes in around 28:45.

    I see he's also listed as a guest on the 6/14 show too. I haven't heard that one yet.
     
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    posse comatosis

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    Without looking through the criminal code, I'm thinking something like, there is no statutory authority for a Louisiana cop to seize a legal firearm inside your automobile unless he has reasonable suspicion it was used to commit felony crime.

    I suspect the incident is fictional. Few cops are that stupid.
     

    Gumbo

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    Robert also said he had a religious sticker as well as NRA/firearms stickers on his truck.

    During the course of a normal day, I try to limit what the casual observer might deduce about me. The less a stranger knows about me, the more likely they are to let me go about my business peacefully.

    I understand that putting bumperstickers on your car is a way to exercise your first amendment without having to go around telling people what you believe in, and that most people would avoid a person with gun stickers all over their car, but when you present your ideals to a world where roughly 50% of the people aren't going to agree with them, then you should be willing to accept that someone out there is going to actively react to them.

    Three or four years back, I had one of the W stickers on the rear window of my Yukon. I'm driving back from the camp, on Plank Rd. right next to the BR metro airport. All of the sudden in my rearview, I see this Avalanche start weaving through cars like he's in a real hurry to get somewhere. He comes up behind me in the right lane and starts blowing his horn and swerving like he wants to pass me, so I yield the right lane to him and get over into the left. Well, he pulls up alongside me and matches my speed, all the while clearly screaming profanities at me. Confused, I look at him and give him the universal shoulder raised, "What the **** do you want" look. Finally, he puts up a folded black piece of paper, roughly the same size as my W sticker, but instead of W The President it says, D The Dumbass. I finally realized what I was looking at and was stunned that it could have incensed this total stranger so much that he would drive recklessly, just to let me know he didn't approve of my decoration. I gave him the universal, "jacking off an invisible penis" sign, and then proceeded to throw the likewise invisible, expelled biological material at his face. He drove away even more pissed off, hopefully that much closer to a stress induced heart attack. The really sad thing is, his 10ish year old son was in the front seat, taking notes from daddy on how to act like a mature adult.

    Later on in the day, after replaying the event in my mind, I realized that he could have just as easily been a crazy bastard with a gun, who was having a bad day and would have shot me, just because he didn't agree with my politics. I'll tell you this much, at the time, I felt extremely threatened by his agressive actions and had he been foolish enough to follow me to a gas station and approached me in a likewise threatening manner, he would have been shot. Neither situation is one I would particularly like to find myself in.

    My point is, nothing is gained from putting these bumperstickers on your car. I've never met someone who read a clever, politically charged bumpersticker and said, "You know what, abortion is terrible, I can't believe I've been wrong all these years." IMHO, the benefits of being able to exist anonymously when you want to far outweighs the feeling of glee you get when some jerkoff reads what's on your bumpersticker and has a worse day.
     
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