need input on pulled over with a pistol and no pink

[chachi73]

Someone I know got arrested for having a pistol in car with no LTCH. He borrowed a friends car and didn't know. He just got bailed out. Anyone know what kind of trouble he can wind up in?

 

[hopper68]

A little more info please.
Why was he pulled over?

Where was the gun?

Was it loaded?

Is he a felon?

 

[ArcadiaGP]

Pretty sure you're not required to have an LTCH when transporting a firearm in the car. It is treated as a "residence", so to speak. You're not out "carrying" it.

If not, you can just say you're coming from the range.

However, if the person pulled over is nervous and screaming "I DONT KNOW WHAT THAT IS, OMG OMG OMG"... that won't help.

 

[chachi73]

I'll try to get more details out of him tomorrow. I didn't want to pepper him with questions after he spent the last 24 hours locked up. I'll get back to you all tomorrow.

 

[Cameramonkey]

Not saying you are a liar Chachi in any stretch, but something smells fishy. How did said officer find out about the pistol? If its a run of the mill moving violation, unless he was doing something noteworthy (reeking of pot, drunk, etc) the officer would never have found the pistol without a search unless it was already visible, which blows any plausible deniability. Ok, maybe if the gun was in the glove box and was noticed when he reached for the registration.

Good luck to your friend.

Any LEOs willing to chime in on this scenario?: You pull over somebody for something minor like speeding. Its not their car. They pop the glove box and out drops a glock. Do you take the driver's protest under advisement and call the owner to verify the pistol is indeed theirs? And if it is, since its an honest mistake, do you let them walk after putting it in the trunk unloaded so that its "range transport legal"? Or simply lock them up and let the judge/prosecutor sort it out later?

 

[Frank_N_Stein]

Pretty sure you're not required to have an LTCH when transporting a firearm in the car. It is treated as a "residence", so to speak. You're not out "carrying" it.

If not, you can just say you're coming from the range.

However, if the person pulled over is nervous and screaming "I DONT KNOW WHAT THAT IS, OMG OMG OMG"... that won't help.

Might want to read the statute so you know when it is ok to transport a hangun without an LTCH.

 

[Frank_N_Stein]

Not saying you are a liar Chachi in any stretch, but something smells fishy. How did said officer find out about the pistol? If its a run of the mill moving violation, unless he was doing something noteworthy (reeking of pot, drunk, etc) the officer would never have found the pistol without a search unless it was already visible, which blows any plausible deniability. Ok, maybe if the gun was in the glove box and was noticed when he reached for the registration.

Good luck to your friend.

Any LEOs willing to chime in on this scenario?: You pull over somebody for something minor like speeding. Its not their car. They pop the glove box and out drops a glock. Do you take the driver's protest under advisement and call the owner to verify the pistol is indeed theirs? And if it is, since its an honest mistake, do you let them walk after putting it in the trunk unloaded so that its "range transport legal"? Or simply lock them up and let the judge/prosecutor sort it out later?

It all depends on the totality of the circumstances.

 

[rockhopper46038]

^^^ Yep. Got my wife her LTCH just to avoid such a situation.

Oops. This was in response to Frank's FIRST post.

 

[Bunnykid68]

It all depends on the totality of the circumstances.

Cannot say this enough, we need more cops like you.

 

[dwh79]

Was it loaded or being transported per the requirements to have it unloaded and ammo separate to transport with out a license.

 

[Frank_N_Stein]

Cannot say this enough, we need more cops like you.

Your fuzzy kinfolk probably wouldn't feel the same way.

 

[ticktwrter]

Maybe your friend should get a good lawyer. I can't count on how many times I've taken drugs out of a suspect's pocket only to hear them say "these aren't my pants." Sounds like the officer did what he had to do. It might be possible if the owner of the car comes to his trial and admits it was his weapon and he left it there by mistake that your friend could be acquitted. Again, a good lawyer is important. If your friend has no other criminal history and not a convicted felon this will probably be a misdemeanor arrest.

 

[chachi73]

thanks all for the input. Admittedly his story is weak. he is one of my employees, so he might be selling me a bill of goods. If one gets bailed out, would there be a receipt of some sort for the bail that had to be paid to prove he was in lockdown?

 

[LANShark42]

thanks all for the input. Admittedly his story is weak. he is one of my employees, so he might be selling me a bill of goods. If one gets bailed out, would there be a receipt of some sort for the bail that had to be paid to prove he was in lockdown?

Get rid of him. Now. This will not be the last "bad thing" to happen to him.

 

[Frank_N_Stein]

thanks all for the input. Admittedly his story is weak. he is one of my employees, so he might be selling me a bill of goods. If one gets bailed out, would there be a receipt of some sort for the bail that had to be paid to prove he was in lockdown?

In which county did this occur?

 

[horsehaulin]

Arrest records are public info for every county. Look for his arrest and get the details out of it. Www.mycase.in.gov is the site I would use, just need first and last name.

 

[cobber]

thanks all for the input. Admittedly his story is weak. he is one of my employees, so he might be selling me a bill of goods. If one gets bailed out, would there be a receipt of some sort for the bail that had to be paid to prove he was in lockdown?

If your county has a court records website, search under his name and see if there is an entry of a bond posted on or about the date he claims he was in the slammer. Public record.

Arrest records are public info for every county. Look for his arrest and get the details out of it. Www.mycase.in.gov is the site I would use, just need first and last name.

Don't know if this has bonds or not.

 

[CathyInBlue]

Melvin Washington V State (2010) http://www.in.gov/judiciary/opinions/pdf/03041001jsk.pdf Almost precisely 4 years old. If he wasn't in actual (not constructive) possession of the firearm, then the seizure of the firearm itself was likely illegal. All other criteria of the stop being copacetic.

 

[Frank_N_Stein]

Melvin Washington V State (2010) http://www.in.gov/judiciary/opinions/pdf/03041001jsk.pdf Almost precisely 4 years old. If he wasn't in actual (not constructive) possession of the firearm, then the seizure of the firearm itself was likely illegal. All other criteria of the stop being copacetic.

Hard to make that call when you have absolutely no idea what happened.

 

[chachi73]

so more details. he was pulled over for seatbelt violation. officer asked if he could search his vehicle. he said sure, no problem. pistol was found under the seat. 6 squad cars arrive and he was arrested. he showed me the bail receipt and it said possession of gun w/o permit.