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New Mexico Supreme Court Lets Cops Grab Guns During Stops
thenewspaper.com ^ | 31 May, 2011 | NA

Posted on 05/31/2011 6:29:14 AM PDT by marktwain

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It appears that this was not the best case to use to try to affirm the Constitution. SAF and Alan Gura are doing a better job at picking cases and defendants than the NRA is.
1 posted on 05/31/2011 6:29:17 AM PDT by marktwain
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To: marktwain

This is also Michigan Law. You are required by law to inform the officer that you are permitted and are carrying during any contact, and that the officer may take control of the weapon for the duration of the interaction.


2 posted on 05/31/2011 6:32:59 AM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: marktwain
"anyone with a gun ought to be considered "armed and dangerous""

Well, looks like the cops needs to be treated in a similar fashion.

Don't talk to cops.

3 posted on 05/31/2011 6:34:57 AM PDT by Paladin2
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To: marktwain

It’s a little hard to come down on the side of anyone who is driving around with a handgun laying on the floor in plain sight—especially when they are being pulled over by the police.


4 posted on 05/31/2011 6:36:11 AM PDT by basil (It's time to rid the country of "gun free zones" aka "Killing Fields")
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To: marktwain
SAF and Alan Gura are doing a better job at picking cases and defendants than the NRA is.

BINGO!

5 posted on 05/31/2011 6:36:29 AM PDT by 2nd amendment mama ( www.2asisters.org | Self defense is a basic human right!)
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To: marktwain

By this reasoning, you must also throw all your guns out the window of your house before letting them in when they come to your door...which another court says they can do randomly for no reason.
But hey, don’t forget to register them guns, hear?


6 posted on 05/31/2011 6:39:15 AM PDT by 668 - Neighbor of the Beast (Please sir...permission to protest?)
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To: marktwain

Problem is, if NRA, Gura et al don’t get in gear and start pushing some MAJOR cases thru, we’ll have our rights defined by criminals attempting “Hail Mary” plays. _Heller_ and _McDonald_ were great ... now let’s get on with it and push the other obvious issues thru faster than 2 per decade.


7 posted on 05/31/2011 6:39:18 AM PDT by ctdonath2
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To: marktwain

did the guy get his gun back? the story implies, but doesn’t answer that question. the cops can have temporary custody of my weapon whilst they’re making sure I’m not a thug, but I want it back before they leave.


8 posted on 05/31/2011 6:39:55 AM PDT by camle (keep an open mind and someone will fill it full of something for you)
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To: marktwain

In AZ it seems to be up to the officer if he takes possession of your firearm during a traffic stop, it can go either way. What pisses me off is when they make you empty all your magazines, it’s a pain to be standing on the side of the road and refilling them.


9 posted on 05/31/2011 6:44:04 AM PDT by jjones9853
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To: marktwain

i dont think there is anything wrong with the police getting custody of the gun during the interaction/searching as long as they return it when they see nothing wrong


10 posted on 05/31/2011 6:46:32 AM PDT by 4rcane
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To: camle

the guy was a convicted felon so can not legally possess a firearm, so i doubt it was returned


11 posted on 05/31/2011 6:48:16 AM PDT by 4rcane
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To: camle

I agree with you. If I’m a cop and I see a gun on the floor, which I believe it is not supposed to be, I’m going to be a little antsy. In my state even with CCW permit you are not allowed to display the weapon, even on your car seat.

I’ll probably get cursed for this, but, based on the amount of thuggery going on out there, if I were a cop I’d prefer to be safe than sorry.

Not all cops are bad. If you go by the videos that are flooding the internet you’d think we were living in a police state. I say, not yet we’re not.

I know a few cops here in town. They are level headed, won’t stop anyone unless they are just being plain stupid and reckless and causing possible harm to others. They won’t write you a ticket for going 10 miles over because they know that, in most cases, you’re talking half a weeks pay to cover the cost.

They are also for CCW.


12 posted on 05/31/2011 6:51:37 AM PDT by mark3681
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To: marktwain

Well, I’ve only been CCWing for the last 3 weeks, and I have yet to be pulled over for anything.

But, I drive like a Grandma.
I’ll let y’all know how it goes if it happens.


13 posted on 05/31/2011 6:52:07 AM PDT by RandallFlagg (Let this chant follow BHO everywhere he goes: "You lie. You lie. You lie.")
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To: mark3681

if I were a cop I’d prefer to be safe than sorry.


We need cops who never put their own self interest ABOVE the rights of the people.


14 posted on 05/31/2011 6:54:22 AM PDT by Atlas Sneezed (End the "Fiscal Fiasco" in 2012!)
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To: camle

“the cops can have temporary custody of my weapon whilst they’re making sure I’m not a thug, but I want it back before they leave.”

Ya, good luck with that.

This is just more power for the police state. Whenever you hear “the children” or “officer safety” you know it’s ends with statists seizing more of your liberty. Local police are now at absolute odds with the people they are supposed to serve and unfortunately most have the mindset to match. Law enforcement has become nothing more than the intimidation arm of government.


15 posted on 05/31/2011 7:01:54 AM PDT by precisionshootist
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To: Beelzebubba

“if I were a cop I’d prefer to be safe than sorry.


We need cops who never put their own self interest ABOVE the rights of the people.”

Yup! “Officer safety” being paramount is total B.S. FREEDOM is paramount. If you are a cop and can’t handle that then get another job.


16 posted on 05/31/2011 7:08:28 AM PDT by precisionshootist
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To: marktwain
I was pulled over for speeding a few years ago in Shreveport, LA. As per LA law I informed him I had a carry permit and was carrying. He relieved me of the gun and after a while returned with my ticket and gun (unloaded).

He then said " Don't reload here, but, when you get down the road apiece. You ARE in Shreveport. I never told him about the 9mm at my knee tucked in the seat.

17 posted on 05/31/2011 7:08:36 AM PDT by TangoLimaSierra (To the left the truth looks Right-Wing.)
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To: Beelzebubba

A cop has rights too. This isn’t about permanently seizing a gun, or searching for a suspected gun and taking it, but having the right to control the scene during a stop.

And I don’t know of ANY state that argues against that. Here in AZ, we can carry concealed without a license, but IF a cop asks about guns, we have to tell him, and he has the right to secure the gun for the duration of the stop.


18 posted on 05/31/2011 7:08:41 AM PDT by Mr Rogers (Poor history is better than good fiction, and anything with lots of horses is better still)
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To: precisionshootist

‘Law enforcement has become nothing more than the intimidation arm of government.’

Yup.

Kinda sad for an Old Geezer such as I, who can remember when cops were our friends.


19 posted on 05/31/2011 7:08:50 AM PDT by Jack Hammer
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To: precisionshootist

shoudl a cop sto me, he doesn’t know who I am or whether I’m dangerous or not. he can take my gun and put it in his cruiser for the duration of tha traffic stop. I think that’s reasonable. he also should return it to me at the end of the stop.


20 posted on 05/31/2011 7:09:09 AM PDT by camle (keep an open mind and someone will fill it full of something for you)
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