cshoff
Member
If you can't write and send an email to the mayor without making a fool out of yourself, then no, you should probably refrain from sending one at all.
Shreveport cops confiscating guns.
- Thread starter Evil One
- Start date
If you can't write and send an email to the mayor without making a fool out of yourself, then no, you should probably refrain from sending one at all.
jag312
Member
After seeing a picture of Mayor Cedric Glover I think I am safe to say that we won't be seeing him around much longer. When he is that morbidly obese, it is only a matter of time before his heart gives out. Instead of pall bearers at his funeral, they will be using a fork lift. Is it proper to paint the fork lift black for a funeral?
bk43
Member
A traffic stop is an investigation and there is no juristiction in the country where an officer can't use reasonable means to insure everyone's safety while an investigation is ongoing. That includes securing any firearms if they so decide. Courts all over the country have so ruled countless times.
The law is what it is, not what you think it should be. The mayor is correct although he could have expressed himself better. This guy Ballilio is an idiot.
Bob
animalmother
Member
If this story is in fact true, the city is facing huge civil liability.
cshoff
Member
Stopping someone for failing to use a turn signal does not constitute probable cause to search a vehicle. Not in any jurisdiction I have ever heard of. Lacking probable cause, the officer must have a warrant to search and consequently take possession of the private property of the driver. Now it's possible that there is more to the story than what we know from these snippets, but it appears as though from the information provided, that the officer overstepped his authority. Possession of a firearm is not a crime under most circumstances. Lacking the commission of a crime, then no, the LEO has no right to search or sieze the drivers' private property.
By using your logic, it would give an LEO the right to search and take control of an individuals private property at anytime and without any due process, all in the name of "safety". I'm sorry, but you will have to cite the laws that give an LEO that authority, not just the authority you *think* it gives the LEO. I've yet to see them anywhere.
Now, I will concede to you that it is quite possible that Mr. Ballilio is an idiot, however, being an idiot does not a default forfeiture of your rights make.
Under Louisiana conceal carry statutes, the permit holder must declare their permit and weapon if approached in an official manner by a LEO. They must also willingly hand it over if requested:
Duties of Permittees
The permit shall be retained by the permittee who shall immediately produce it upon the request of any law enforcement officer. Anyone who fails to do so shall be fined not more than one hundred dollars. Additionally, when any peace officer approaches a permittee in an official manner or with an identified purpose, the permittee shall:
1. Notify the officer that he has a weapon on his person;
2. Submit to a pat down;
3. Allow the officer to temporarily disarm him.
Most Louisiana LEOs are very respectful and agreeable. Occasionally they can be scary.
Also, in Louisiana, our vehicles are considered an extension of our residence, and thereby we can carry loaded weapons openly displayed OR concealed.
An example of how it should go in Louisiana:
My brother-in-law was stopped near New Orleans, and when the officer saw his .357 Mag revolver on the console he asked "Is that loaded?" to which my brother-in-law responded, "ABSOLUTELY!" The state trooper then asked, "Why do you have it?" My bro-in-law answered something to the effect of,"Self Protection", the trooper then said, "OK", and that was it.
Duties of Permittees
The permit shall be retained by the permittee who shall immediately produce it upon the request of any law enforcement officer. Anyone who fails to do so shall be fined not more than one hundred dollars. Additionally, when any peace officer approaches a permittee in an official manner or with an identified purpose, the permittee shall:
1. Notify the officer that he has a weapon on his person;
2. Submit to a pat down;
3. Allow the officer to temporarily disarm him.
Most Louisiana LEOs are very respectful and agreeable. Occasionally they can be scary.
Also, in Louisiana, our vehicles are considered an extension of our residence, and thereby we can carry loaded weapons openly displayed OR concealed.
An example of how it should go in Louisiana:
My brother-in-law was stopped near New Orleans, and when the officer saw his .357 Mag revolver on the console he asked "Is that loaded?" to which my brother-in-law responded, "ABSOLUTELY!" The state trooper then asked, "Why do you have it?" My bro-in-law answered something to the effect of,"Self Protection", the trooper then said, "OK", and that was it.
cshoff
Member
I don't see anything in that statute that includes the confiscation of a firearm that is not on your person. The fact is, the officer searched this person's vehicle without his consent, without a warrant, and apparently, without probable cause. To then sieze a fiream as a result of the apparent unlawful search, is a real problem. If the presence of an NRA bumper sticker or the presence of a CCW permit is now considered probable cause, then something is seriously wrong.
I was merely posting the law re: concealed carry for those who don't know the LA law. Not making a comment one way or the other. I do believe that a LEO can search as part of an investigation, if there is probable cause, which in your case, there apparently wasn't. And, I DO agree that confiscation of a firearm, or anything without solid legal authority is a BIG PROBLEM. And I know there are LOTS of attorneys in Louisiana that would love to jump on something like this (I assume he already has a one gnawing at the bit to take this to court).
bk43
Member
First, thanks for posting the Louisiana carry statute...very helpful. As far as lawyers go, keep in mind that all this internet thread Constitutional crisis bluster goes away in a court of law. When you get there, only the facts of the case and the law matter and there is nothing here that would interest any attorney with an ounce of sense. They are only interested in cases they can win.
Edited to add...I just thought of something. There is a lawyer that would take this case(if he hasn't been disbarred yet). I don't remember his name but I'm pretty sure he lives in the Shreveport/Bossier area. He stopped paying income taxes because he says they are unconstitutional and is/was fighting the government over it. He'd be just the guy for this case.
Bob
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I am NOT a lawyer, but I do see a LOT of lawyers that bring lawsuits for both serious and frivolous reasons (some with sense, some, seemingly, without an ounce of sense
Sometimes they "fish" for cases they can win, or at least settle out of court.
I am not clear on all the facts in the case posted, but if there was "profiling" or illegal search and seizure, then the "victim" deserves his day in court. May the rights of the people prevail under the Constitution.
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Joni_Lynn
US Veteran
I find myself feeling more & more like a foreign national living in a fascist/socialist land. It's going down the tubes and it seems that no one is going to step up to the plate and stop it.
Crazy K38
Member
joni you and I are members of the group that stands up to these people and that is why I forwarded the link to the NRA if it is BS they will disregard it if it is factual then they will intervien. I hope it is BS, because if it isn't then what's next
charlie sherrill
Member
Mississippi law is similar to Lousiana. Your vehicle is an extension of your home. We even afford this courtesy to out of staters who don't have this freedom at home. Around here it's kind of like being a game warden. You know most of the people you come in contact with are going to have a gun in the car or truck. I don't freak out unless something else is going on or I think I might be dealing with someone unstable. We are required to record and make a report on every seizure. If they are not given back they are legally disposed of, usually at a gun auction. The only comment I'll make on the Shreveport story is I don't think we know all the facts.
Spotteddog
Member
Please forgive an O/T post.
CONGRATULATIONS Joni_Lynn!
I am probably the last to notice your "moderator" status? Sorry!
What a wonderful choice!
(Returning you now to the regularly scheduled tales of your 2nd amendment being pillaged)
CONGRATULATIONS Joni_Lynn!
I am probably the last to notice your "moderator" status? Sorry!
What a wonderful choice!
(Returning you now to the regularly scheduled tales of your 2nd amendment being pillaged)
Herknav
Member
Tom Gresham interviewed the dude on GunTalk. It wasn't the most recent show. I THINK it was the Father's Day show. You can hear the guy talk about it on the podcast.
Edited to correct the date.
Edited to correct the date.
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Smokester653
Member
Did he recieve his firearm back after the traffic stop or was it confiscated? I know several sheriff deputies for the county that I work for have done the same thing but gave the weapon back after a warrants check on the individual and they also had CCw permits (one was my brother in law).
"Did he recieve his firearm back after the traffic stop or was it confiscated? I know several sheriff deputies for the county that I work for have done the same thing but gave the weapon back after a warrants check on the individual and they also had CCw permits (one was my brother in law)."
.............
"Mr. Baillio had called to complain about a recent traffic stop in which an SPD officer, who-- before dealing with any other matter of business -- asked if Baillio had a firearm, then temporarily seized it from him."
http://freedominourtime.blogspot.com...reveports.html
.............
"Mr. Baillio had called to complain about a recent traffic stop in which an SPD officer, who-- before dealing with any other matter of business -- asked if Baillio had a firearm, then temporarily seized it from him."
http://freedominourtime.blogspot.com...reveports.html
Herknav
Member
Yes, he got it back after the traffic stop. His issue with the stop is that the firearm was inaccessible to him and this, therefore, would not seem to fall under the auspices of a "Terry" search. When the cop stopped him, he got out of the truck and walked to the back of it. The gun was in the truck.
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