traffic stop leads to arrest

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  • Blackstar65

    Ultimate Member
    Jun 27, 2010
    1,004
    If it he wins he will get his guns back. MSP will send them to the FFL of his choice in his home state Or use the state police in that jurisdiction.
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    There are several questions including how did they know he was prohibited. I can only think of one or two ways you would know WITHOUT prolonging a stop which would bring in some other legal issues.

    For all we know he might have been asked if he's been convicted of any crimes before and answered which would lead to probable cause.

    The article doesn't provide enough information. I can make ways that this is a "good" case and a "bad" case....without the information who knows.
     

    Blackstar65

    Ultimate Member
    Jun 27, 2010
    1,004
    That's is easy a criminal history check from barrack ncic terminal would provide that information.
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    That's is easy a criminal history check from barrack ncic terminal would provide that information.

    I would question if that is routine on every stop. If not did it prolong the stop? If so what reasonable suspicion did the officer have for the continued detention. Does knowledge of a firearm which appeared to have been transported legally justify any further investigation?

    Now if the guy gave a bunch of his information it may be reasonable to check and prolong the detention. If the handguns weren't being carried legally it's not an issue then either.

    Like I said...we can sit here and make up ways it would be legal or illegal....but the article certainly doesn't provide that information.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    36,065
    Winfield/Taylorsville in Carroll
    If it he wins he will get his guns back. MSP will send them to the FFL of his choice in his home state Or use the state police in that jurisdiction.

    You must have missed this thread:

    http://www.mdshooters.com/showthread.php?t=172695

    Seems as though law enforcement doesn't just give back the firearms all that easily.

    I had a client go through this. He worked out a plea deal where the charges against him were dropped in PG County in return for community service, and the firearms weren't just simply returned to him by PG County.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,896
    DE
    Looks like the paper may have misspelled it. Last name is actually Siek according to courts.

    Yes it is. Pulled over 17 days before he turns 30.

    He is in the Navy.

    Still a crapshoot on whether it was SB281 or a juvie record.

    Court case is scheduled for 5/26/15 in Salisbury.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,929
    WV
    Would this be one of those oddball occurrences where he's legal federally, and in NH and VA but would be prohibited in MD?

    Will have to watch this one. We know the media typically doesn't know this stuff very well and totally botches it.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,508
    Not that we yet have sufficient data on this , but let's go hypothetical and devil's advocate :

    Even if someone WAS Md specific prohibitesd , but not prohibited Federally or in the origionating and destination states, FOPA on its face protects that.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,523
    Westminster USA
    As Pinecone noted, if he is going to use FOPA as an affirmative defense, either the guns or the ammo had to be in a locked case. If neither was, he isn't transporting in accordance with FOPA and that defense can't be raised.

    Talking on his phone? idiot.

    IANAL
     

    john_bud

    Ultimate Member
    Sep 23, 2009
    2,045
    For want of a blanket he loses all his firearms....

    Did the cop see "guns" as in the real steel, or the gun CASES? I know of few people transporting guns uncased.

    Also, wouldn't "hiding" them violate concealed carry?
     

    abean4187

    Ultimate Member
    Apr 16, 2013
    1,327
    Shame, guy made the mistake of thinking that the second amendment exists in Maryland. Should have went around this hell hole to get to his final destination.
     

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