The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Closed Thread
 
Thread Tools Search this Thread
Old May 9, 2010, 10:44 AM   #26
Glenn E. Meyer
Senior Member
 
Join Date: November 17, 2000
Posts: 20,064
From my august position - we are going nowhere, politics and Nazis?

Running the gun is unconstitutional?

Someone go ask a civil rights lawyer and come back with a real opinion. Call the ACLU - let me know. Or one of our real lawyers - PM me.

Closed till then.
__________________
NRA, TSRA, IDPA, NTI, Polite Soc. - Aux Armes, Citoyens
Glenn E. Meyer is offline  
Old May 9, 2010, 10:59 AM   #27
44 AMP
Staff
 
Join Date: March 11, 2006
Location: Upper US
Posts: 28,677
Quote:
Some will argue that the serial number comes into plain sight when the officer takes possession of the gun "for officer safety." I call B.S. I hand you my gun... now quick - don't look - tell me what the serial number is! Oh.... you have to look for it, because every model of gun has a number that is in a different place and is so small that you actually have to look the gun over to find it and read it.
I see your point, but I have to wonder, officer in posession of the gun, "examines it", in the course of unloading it (to ensure it is safe, and controlled) seeing the ser#. Does this constitute searching or looking for it?

And is running the serial # (to see if reported stolen) of property in police hands (legally held, if only briefly) without permission of the person it was taken from actually a violation of 4th Amendment rights? Or, if it does, is it one of the things we accept daily, as a matter of course?

What I mean is, do we just accept it because its a gun? or would you carrying a tv, or other "unusual" item down the sidewalk (or in your car) at 11pm, (and failing to provide what the officer considered a valid, reasonable explanation) be RAS to run the ser#? Allow the officer to "look" for the number?

We may be splitting legal hairs here, I just don't know. TO me, common sense says if they take it (however briefly) they are going to run the number. But is this actually a violation of our rights? Or just ordinary SOP for police, allowed (or tolerated) under the law?
__________________
All else being equal (and it almost never is) bigger bullets tend to work better.
44 AMP is offline  
Closed Thread

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 07:52 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2021 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Page generated in 0.04731 seconds with 8 queries