You don’t lose gun rights in traffic stop

[my-rifle]

You guys who are talking about how to prove your ownership to the arresting officer - you're missing one thing. The cop is committing armed robbery, and both he and you know it. It doesn't matter what evidence you present. It doesn't matter what laws you cite. The cop has decided to commit armed robbery, and (s)he will carry through no matter what you do unless you can convince him/her that you have recorded the transaction, and they can't access the recording.

Remember they have a gun, and you are disarmed. They can kill you and get away with it it their word is the only witness. That's why you surrender your gun. You have no legal recourse. If you try to get an attorney to get your gun back it's your word against the cop's. He can keep your gun, because a jury has to accept the word of a cop over yours. If you dispute the matter with the cop he can arrest you and take you to jail. That's why we acquiesce.

I'm editing this to add that I'm not posting this to bash police. Hell they're probably the only reason my home wasn't robbed during Katrina. No, I'm just pointing out the reality of the case presented above.

 

[LACamper]

I was talking today to someone from the LA AG's office (civil side). I asked if he knew about this. His answer was priceless:
"What! They didn't learn their lesson after Katrina about confiscating personal property!" Followed by a 5 minute rampage about the antigun idiots in N.O.
It really made my day!

 

[W1nds0rF0x]

I want to hear the "official" word on this because one I've had since 96 or so and through a move, the receipt is missing. One I traded to my mom several years ago. She may still have the ticket for the one I have. I'd be one seriously pissed off puppy if some dirtbag dirty cop steals my fire arm.

 

[SimonJester308]

Sounds like it would be a good idea to make sure you have the paperwork for the firearm (copy of course with the original in a safe place) just to be on the safe side. If the NOPD decides to keep the weapon and doesnt give you a reciept, press charges for armed robbery.

 

[LouisianaCarry]

There is NO law that says proof of ownership must be provided.

The law we even have regarding taking a weapon (besides the CCW statute quoted above in regards to CHP holders) is CCRP 215.1. It states that a temporarily taken weapon must be returned to a law-abiding citizen. Also, an LEO can only search for the weapon in the first place if he "reasonably suspects" he is in danger.


CCRP 215.1

Art. 215.1. Temporary questioning of persons in public places; frisk and search for weapons

A. A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address, and an explanation of his actions.
B. When a law enforcement officer has stopped a person for questioning pursuant to this Article and reasonably suspects that he is in danger, he may frisk the outer clothing of such person for a dangerous weapon. If the law enforcement officer reasonably suspects the person possesses a dangerous weapon, he may search the person.
C. If the law enforcement officer finds a dangerous weapon, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.
D. During detention of an alleged violator of any provision of the motor vehicle laws of this state, an officer may not detain a motorist for a period of time longer than reasonably necessary to complete the investigation of the violation and issuance of a citation for the violation, absent reasonable suspicion of additional criminal activity. However, nothing herein shall prohibit a peace officer from compelling or instructing the motorist to comply with administrative or other legal requirements of Title 32 or Title 47 of the Louisiana Revised Statutes of 1950.
Added by Acts 1968, No. 305, §1. Amended by Acts 1982, No. 686, §1; Acts 1983, 1st Ex. Sess., No. 32, §1; Acts 1997, No. 759, §3, eff. July 10, 1997.

 

[Pops]

AHA !! That's it ! " If lawfully possesed " . That's what Bobby Font was talking about . The officer has the right to make you prove lawfull ownership of the weapon . All I'm saying is that's what I was told in CCW class .

 

[LouisianaCarry]

If you can pass a Form 4473 you qualify as "lawfully possessing" the weapon.

(ie. not a prohibited person)

 

[Pops]

Like the man said , " Tell it to the judge " . In the meantime , I'm carrying proof of ownership with me .

 

[LouisianaCarry]

More power to ya.

 

[SimonJester308]

Carrying proof of ownership shouldnt need to be carried, and really is up to the individual, but it puts the element of surprise back in your favor if a NOPD asks if you can prove ownership and you can. Then you know what kind of individual you are dealing with. Thats when you note the badge number, get in touch with a lawyer, do some scouting as to who their supervisor is, and start proceedings for a media attack. Shine a little light of publicity under their rock, thats what scares them. Especially during elections.

 

[W1nds0rF0x]

There is NO law that says proof of ownership must be provided.

Also, an LEO can only search for the weapon in the first place if he "reasonably suspects" he is in danger.


IOW if you admit to having a gun in your glove box and you are standing outside the drivers door with said COP, there is zero reason for him to go pawing around in your box to remove said weapon. More so if you have a CCW and a clean record.

IMHO being the owner of a CCW automatically makes you a lawful gun owner. If you have a record of possessing stolen guns, you probably would have been turned down.

 

[Pops]

I think we are confusing the issue . The question is not wether you are ABLE to own a weapon , it's wether THAT gun is YOURS . I was told that the officer can make you prove OWNERSHIP of that particular gun .

Just relating what a police officer told me .

 

[Slow]

I think we are confusing the issue . The question is not wether you are ABLE to own a weapon , it's wether THAT gun is YOURS . I was told that the officer can make you prove OWNERSHIP of that particular gun .

Just relating what a police officer told me .

if all LEO's knew the law then they would be lawyers not cops... forcing you to prove ownership is quite simply ********

 

[LouisianaCarry]

That is correct.

 

[Pops]

Well , suppose it's one in the morning , you'r standing on the shoulder of the highway with a spotlight in your face and a couple of good old boys giving you a ration of **** over your handgun . Are you going to stand there and escalate the situation just because you know your right ? How far are you willing to go ?

The police officer that told me this is known and respected by at least one member of this board . I think he was actually doing us a favor by giving us that info . He said to carry proof of ownership so as not to put yourself in a bad spot if the LEO decided to be a dick . At least that's my take on it . I thought it was good advice .

 

[spanky]

If an LEO asked me to provide proof of ownership of my firearm, I'd ask if he wanted proof of ownership of my watch, shoes, etc. Property is property.

 

[Pops]

If an LEO asked me to provide proof of ownership of my firearm, I'd ask if he wanted proof of ownership of my watch, shoes, etc. Property is property.

So we're back to the first paragraph of my last post . What happens when words fail ? I'm really interested in how far some of you are willing to go . No more discussion or debate with the officer . Now what ?

 

[spanky]

I wait for his supervisor to arrive and show me the law that states that I have to provide proof of ownership.

 

[CajunTim]

The thing is how for are you willing to go, they are getting paid sitting in their car with AC while meanwhile you are standing at the front of their car waiting for hours for their superior to show up in the middle of August?

 

[WhiteRabbit22]

If this happened to me, I wouldn't care how how it was or how long it took. And if the officer refuses to call his supervisor, call dispatch and ask that they send the supervisor. Aren't LEOs required to call a supervisor if you ask?