Concealed Carry Permit Confiscated


uxotech

New member
Hi all,

First timer here and I am trying to get some information concerning an incident with the local sheriff's department in West Virginia. I had a fender bender last month where I hit a utility pole with the front corner of my vehicle in a parking lot. I backed off the pole, investigated the damage, and talked to a couple of bystanders about whether or not they thought I need to call the police because there was no damage to the utility pole. I agreed with the guys I talked to that I also didn't think there was a need to call. I forgot my phone at the house so I walked about 1000 feet back home.

I called my insurance company, reported it, and had a rental in less than 30 minutes. The State Police came to my door and was very polite and asked me to go back to my truck to give an accident report. When we got there a couple minutes later, the local sheriff's department was on scene. To say the least and to spare all the details, they were just rude and disrespectful. I told the officer, "you get what you give". He detained me in handcuffs for 1.5 hours and told me that I wasn't going to get a ticket but now I'm getting two because of my mouth. Now I was not rude, over-bearing, or abrasive to them in any way. He was on a power trip in front of two other officers, which is why I think he did it.

Anyway, he took my concealed carry permit because of the tickets he gave me and because I was now being charged with a misdemeanor. After he found out I was a former military EOD tech and a disabled veteran, he changed his tone and was real nice. But after 1.5 hours, he let me go and I walked back to the house...

I would like to get any thoughts or legal recourse I may have against the sheriff's department, and whether or not I will get my permit back after my court date next month.

thanks in advance...

Retired Vet
 

I spoke with one last week, said that more than likely the court will just dismiss the ticket. Mostly due to the fact that I have, or rather had, a perfect record until that day. But I was under the impression that in order to lose a concealed permit due to a misdemeanor, it had to be an assault or domestic violence misdemeanor; not one for a traffic violation. Anyway, he also said to wait until the court dismisses the ticket and then he will file a civil rights violation against the sheriff's department for wrongful detainment, illegal search and seizure, violating my 1st amendment, yaddy yaddy blah blah..... I guess attorney's are good for some things....
 
It is amazing to me the number of people who don't think they were rude when talking to police, yet the officer does.

What misdemeanor did you get charged with? What state do you live in? It all sounds strange to me. Go with what you lawyer tells you.
 
It is amazing to me the number of people who don't think they were rude when talking to police, yet the officer does.

Doesn't really matter - last time I checked being rude to a police officer is not a crime.

To the OP: don't let this one go, keep pursuing a lawsuit against the sheriff. This might be you:
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Also, no license is required to open carry in West Virginia, so you can still carry your gun, just not concealed, but the sheriff did, apparently, illegally seize your permit.
 
Be respectful to police. Saves a lot of hassel. :dance3:

Is hassel anything like streusel? I love streusel! If hassel is anything like streusel why would I want to avoid it?

Anyway...Cartman still loves you, clunzar.

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A lot of times people are amped up from the stress and and shouting etc. it's not being rude and disrespectful

The police are not the same as when I was growing up. They are much more confrontational then they used to be.

I live in a small town. I had a tail light that was working but flickering. He pulled me over.

He had his gun out hidden behind his hip... Why ? I was driving just a Camry never had even a speeding ticket... I am an old guy. He yelled at me about the light. I thanked him for telling me and he muttered " assxxle" when he left.

I forgot about it until I got my haircut. The chief goes to the same place. I told him he said he has had a lot of complaints about his attitude.... And he was a lateral transfer for a reason. Good grief
 
Be respectful to police. Saves a lot of hassel. :dance3:

I figured out who cluznar is in real life....

MILLER: D.C.'s crime solution: Be a victim - Washington Times

As you can see in the video below, Paul Quander, the District’s deputy mayor for public safety and justice,....“The problem is, if you are armed, it escalates the situation,” Mr. Quander told residents. “It is much better, in my opinion, to be scared, to be frightened, and even if you have to be, to be injured, but to walk away and survive. You’ll heal, and you can replace whatever was taken away.”
 
you could always pee in your pants to show your submissiveness like a dog would

N0, I just don't list raging ******* on my resume, though I can be one if the need arises. I'll be professional with just about anyone until they demonstrate they need to see a raging ******* jump in their **** and explain the flaws in their parents made in their rearing.

I'm also smart enough to realize that getting in a pissing match with a cop only means they call in more cops to piss on you, pick your battles, and pick when to go on the offensive, unless you really enjoy tasers, batons and handcuffs, each to their own.

(and why the software here insists in making tasers a hyperlink, I don't have a f'in clue.)
 
Be professional, if they earn respect, they give them respect, otherwise remain professional only.
I'm polite, in a cold, distant sort of way... kind of like a Japanese patent attorney talking to somebody he'd rather not.

Respectful would be dishonest of me.
 
It is amazing to me, as a former officer, how many officers are on the road today who are so cotton picking ignorant of the law they are supposed to enforce. If you were hiring a football or basketball referee, you would absolutely want someone who had a detailed knowledge of the game. We have officers out there who we used to say had a pajama badge, on overbearing, officious attitude that did not fit with their total ignorance of your rights as a citizen.
 

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