Posted on 10/23/2003 7:51:22 AM PDT by Dan from Michigan
Detroit police chief lacked gun permit, charges possible
The Associated Press
10/23/2003, 3:22 a.m. ET
DETROIT (AP) — Wayne County prosecutors are looking into whether Detroit Police Chief Jerry Oliver should face criminal charges for placing an unlicensed handgun in his luggage.
Oliver does not have a concealed weapons permit to carry the .22-caliber handgun found in the baggage he checked for a Saturday flight to Philadelphia. The gun is not registered in Michigan.
Assistant Prosecutor Rebecca Tenorio told the Detroit Free Press no decision had yet been made, but that one may be reached this week.
After the gun was found, Detroit Metropolitan Airport police sent prosecutors a warrant request on the matter on Monday.
Michael Conway, spokesman for the airport, said issuing the warrant request is standard procedure.
"It's up to the prosecutor to determine what, if any, violation of the law occurred," Conway said.
Oliver has said he didn't think he had to register the personal weapon in Michigan. He has been a sworn officer in other departments and said he has had the gun "for years."
The discovery of the weapon also brought to light that Oliver has yet to be sworn in as a police officer.
But officials from the Michigan Commission on Law Enforcement Standards say the process is well under way and that the chief has passed the written test.
Along with the possibility of criminal charges, Oliver also could face a $1,000 federal fine. The gun was discovered by Transportation Security Administration officials while screening the bags. Guns may be placed in baggage, but they must be unloaded and declared at the airport.
TSA officials say a decision on whether to fine Oliver could come by next week.
Oliver has called not declaring the weapon when he checked into the airport an "honest mistake."
While the legal debate continues, the issue has taken on political overtones in a department where Oliver has angered many with the changes he began implementing after assuming the post in February 2002.
Derrick Royal, vice president of the Detroit Police Officers Association, said the union is urging Mayor Kwame Kilpatrick to ask for a departmental investigation into the matter. Royal said if the chief is charged with a crime, he should be suspended without pay.
"This is an embarrassment to the department, no matter how much Chief Oliver tries to play it down," Royal said
Oliver is also a major player in the Project Exile stuff down in Richmond. Wayne County Prosecutor Mike Duggan talked about enforcing gun laws since he was elected. Well, are we going to have a double standard here.
If my .45 was unregistered and I did what Oliver did, I'd be looking a few years in Club Fed most likely.
ROTFL! - Funny that he doesn't have a CWP... Would think the badge counts.
BWAHAHAHAHHAHAHAHAHAHAAAAA!!!!! The only thing that could add the ultimate in stupidity to this is if the "Chief" was on record as opposing CCW. Anybody know????
Doesn't matter. If he was on record as opposing CCW in Richmond (or anywhere), it would be just as delicious.
After purchase, I had to submit the gun and myself to the local sherrif. The gun was inspected, and I was thumbprinted. Again, this is NOT for CCW, it is just for purchase.
You can bet you bottom dollar there is a double standard for prosecution. The Chief will get off easy, compared with what the "mere civilian" would get.
There isn't [a need for CCW in order to check firearms as baggage]. The chief broke more than one law.
He broke the federal law that requires all firearms to be unloaded and declared, before being submitted for shipment in checked baggage.
He also broke the Michigan state law that requires handguns to be registered. (I think that law is still on the books). Again, this is not a registration of a person for carrying a concealead weapon, this is registration of the weapon to an owner, without the "right" to carry concealed. I'm not sure what triggers the obligation to register handguns to the Michigan authorities. Maybe Dan from MIchigan can summarize those requirements.
In newspaper parlance, he allegedly commited criminal acts. The right to own firearms is altered ONLY upon a felony conviction.
The Chief will not even be charged with a felony. The laws are not uniformly applied.
When I got my .45, I first had to go the Sheriff's office(some places go to local PD) to get a permit to purchase. Some places, that costs money, others do not. Livingston County wasn't a problem. I filled out a form, they called the FBI and I got the permit. It was almost like instacheck.
I then went to pick up the gun, showed the dealer the permit to purchase and got it. Then I went back to the Sheriff's office for the "safety inspection." I gave the desk clerk the gun and she gave it to the undersheriff(whom I know) and a few others. They pass the gun around in the back for about two minutes. (Hey, look at this!!) It passed, and I took the gun out the door.
If you bring a gun in from out of state, I know it has to be registered(er....safety inspection).
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