State Police violating citizens rights???

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bukeduke

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My brother-in-law was traveling in Arkansas (he is an Arkansas resident) and had his 1911 with him in his vehicle when he was pulled over by a state trooper for not wearing his seatbelt. The trooper saw the 1911 and took it without giving a receipt for it or telling him why he took it. My brother-in-law was in the process of obtaining his concealed carry permit when this occurred. Arkansas has an old law on the books that is still in effect called the "Journey Law" and under this law my brother-in-law should have been protected by the law to have his 1911 in his vehicle. When he went to court on his ticket he asked about his gun and was told it had been destroyed and to forget about it. Anybody else have any experience with anything like this?
 
You say he went to court. What was he charged with? If he only went to court for the seat belt thing and wasn't charged with anything else I would defiantly tell him to contact a Lawyer ASAP.

I am not a lawyer or a Arkansas resident but I don't think they can confiscate your weapon if your carrying legally and If they say he was carrying illegally why didn't they charge him?
 
He was only charged with the seatbelt. He said since they already destroyed the gun and the Trooper that took it had been fired, he didn't want to mess with them anymore.
 
I told him that kind of attitude is where these people get the idea that lawful rights don't mean anything and that they can do whatever they want no matter what the laws actually say.
 
OK, your brother in law is a lot more forgiving then I am. I haven't seen a 1911 for less the $1200 and there is no way I would let that slide. I at least hope he was fired for this incident. Me personally I am getting a lawyer and getting the money to replace the weapon.
 
Right on bro, file a civel case, he isnt a leo anymore once hes summoned he may settle out of court with a new 1911.
 
Armed_and_Safe said:
OK, your brother in law is a lot more forgiving then I am. I haven't seen a 1911 for less the $1200 and there is no way I would let that slide. I at least hope he was fired for this incident. Me personally I am getting a lawyer and getting the money to replace the weapon.
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$1200 ???????? 1911s can be had from well below that price. Knock $400 to $500 off or more of that and you can end up with a decent new one or knock off $600 to $700 for a good used one. Example would be TAURUS 1191101 1911 45 8R BL : Semi-auto at GunBroker.com Taurus PT 1911 at $556 plus shipping and handling for a new one. Armscor Rock Islands go for less and even Sig 1911 TacPacs can be had for around $750.
 
The price is not the issue here it was the unlawful theft of this mans weapon, price depends on the weapon itself, two of my carry guns are easy $1,200. Get an attorney.
 
It sounds like the bro in law's rights have been violated and he needs an attorney. I would also have to question why someome without a concealed carry permit was transporting a gun in a vehicle in plain view. I would have at minimum locked it up in a case. I don't know the laws there but that probably would have prevented this from ever happening. I'm not defending what the LEO did...just adding my opinion on the transport of the firearm.
 
Nightmare45 said:
The price is not the issue here it was the unlawful theft of this mans weapon, price depends on the weapon itself, two of my carry guns are easy $1,200. Get an attorney.
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Yup sue for your time,new gun and attorney fees. I would contact one yesterday if it were me.
 
I'm retired LEO and I can assure I would retain an attorney to recover my property or cash and would ask for funds for violating my rights!

That is if the story is accurate.
 
Link Removed
This is a link to a definition of the Arkansas Journey Law. My brother-in-law was protected from prosecution by this law, as he was outside his normal travel area. I have been trying for 6 months to get him to hire a lawyer and fight this.
 
Rich_S said:
It sounds like the bro in law's rights have been violated and he needs an attorney. I would also have to question why someome without a concealed carry permit was transporting a gun in a vehicle in plain view. I would have at minimum locked it up in a case. I don't know the laws there but that probably would have prevented this from ever happening. I'm not defending what the LEO did...just adding my opinion on the transport of the firearm.
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Rich,
In some states, notably New Mexico and Colorado, you do NOT need a permit of any kind to have a firearm in your vehicle, in plain view or not.
 
File a United State Code 1983 suit! File USC title 18, 241 & 242 crimminal charges against the trooper/angency and instigate an investigation by United Sates Justice into the matter. Peusue this and just maybe this stuff will stop. Demand documintation that the firearm was destroyed. You may find that it was not destroyed.
 
From a LEO in TX, if it matters. If your story is accurate I recommend he get an attorney. In Texas you cant destroy property without a reason. It has to be unclaimed after being held for a lengthy amount of time. Even if it is evidence in a case you can file to have it returned through the proper paper work.
I dont see a police officer violating someones 4th amendment right the blatant, and obvious. Violation of 4th amendment is Fed time. Not worth it.

My two sense for what its worth.
 
At the time the trooper took his gun, upon conclusion of the stop, I would've immediately contacted the police and reported it stolen.
 
luv2shoot said:
At the time the trooper took his gun, upon conclusion of the stop, I would've immediately contacted the police and reported it stolen.
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I would still report it as stolen. I would demand a copy of the receipt. When Items are taken they are usually placed in an evidence locker to be used later against you and all items that are stored there have the time, date and the officers name. You can request this information. Most likely the cop kept the firearm for himself since he did not bother to charge you for having it. All this seems to add up to this: no charges, no paper trail, hay how do you like my new 1911?

I would still file a complaint ASAP and get it on record. Don't let this go on any longer.
 
destroyed ya right

I would get a lawyer. May have to have proof that he ever owned the gun now. The officer has a cheap gun collection if this is the way he operates
 
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