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Old December 21, 2010, 05:11 PM   #1
beetelbailey
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seized handgun

Greetings from the "new guy". Thanks to all ahead of time for being here for me. So, I dummied up this past year and didn't go get my permit to carry here for Louisiana. Now it's come to kick me in the groin. Suffice it to say I got stopped, without legitimate cause, the other night walking with my wife downtown (New Orleans). When asked if i had an i.d. and any weapons, i confirmed my pistols whereabouts. Long story short, i got arrested for illegal carrying of a weapon, he took my g27, and put me up the river to get booked in the hell hole which is O.P.P. Question is after all is put right via judge, fees paid, attorney doing her job, etc., will i get my pistol back??????

thanks boys,
New Guy

Last edited by JohnKSa; December 21, 2010 at 09:11 PM. Reason: .
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Old December 21, 2010, 07:37 PM   #2
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If found guilty as charged or cop a deal, probably not. As you said yourself you screwed up. I hope that it does not haunt you forever.
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Old December 21, 2010, 08:03 PM   #3
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If it's a felony you may never be able to own a firearm again.
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Old December 21, 2010, 08:04 PM   #4
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What you'd really better start worrying about is this:
If that charge is a felony, you may lose your right to own firearms for life.
My advice, worth exactly what you paid for it:
Get a good lawyer, pronto.

ETA: Steve and I were typing at the same time.
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Old December 21, 2010, 10:03 PM   #5
Shadi Khalil
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I would seriously doubt you'll ever see your Glock, or any firearm for that matter. Carrying a concealed weapon can't look good on a NIC check. Like others said, the last thing on my mind right now would be the gun I was carrying illegally. Getting a good lawyer and staying out of jail should be priority one for you right now.
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Old December 21, 2010, 11:16 PM   #6
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I'll agree with everyone else, I think you're in trouble dude. Did you not realize that you were violating the law? And if so, why did you chose to do that?
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Old December 21, 2010, 11:44 PM   #7
cougar gt-e
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Shortcuts always cause long delays...

You really screwed the pooch by not getting that slip of paper!
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Old December 22, 2010, 01:48 AM   #8
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Afraid I have to agree with the majority, I would be looking for a good lawyer.

Back before we had readily available CCW permitting, illegal carrying concealed wasn't quite as serious. Now that permits are readily available in most states, and there is a vehicle to carry concealed legally, laws have gotten tougher on illegal carry.
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Old December 22, 2010, 02:51 AM   #9
raftman
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Some states' laws treat that kind of violation more seriously than others. That said, I don't know how it's approached in Louisiana. Find a lawyer that does.
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Old December 22, 2010, 03:34 AM   #10
DG45
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I will echo what everybody else has said. You need a good lawyer.

It used to be that gun laws always got "interpreted" a little bit. If you were considered to be a bad guy anyway, and they caught you carrying without a license, they'd throw the book at you. But, if you were a nice lady who forgot to take your little Beretta .25 out of your purse before leaving your car and going into the courthouse for jury duty, they'd probably just give you a stern talking to and would hold your gun for you until you came back out of the courthouse.

No more. Today this is considered to be sorta like profiling, and is politically INCORRECT. After all, it's not fair (is it?) to be locking up criminals who use guns to commit crimes for carrying them without a license if we are going to let nice but forgetful ladies off if they they don't have a license to carry that .25 in their handbag (that they have in the hope hope that it might scare off a rapist). So, now, in a bow to the criminals, nice forgetful ladies and other good citizens get the book thrown at them for carrying without a license too. It's just another good example of political correctness run amock in this country.

I wish you good luck and a sharp lawyer.

Last edited by DG45; December 22, 2010 at 03:40 AM.
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Old December 22, 2010, 03:36 AM   #11
Justice06RR
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No you won't get your pistol back.

Lets just put it that way and don't expect to get it back even if you try. You should've already hired a good lawyer for this case when it happend. If the judge rules it as a felony (not sure what laws are in your state), you may never be able to own or carry a firearm. Sorry to hear mate.
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Old December 22, 2010, 03:40 AM   #12
ZeSpectre
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To the OP....

1) I'm pretty sure you can kiss that pistol goodbye forever.
2) Lawyer up NOW!
3) Cease posting about the incident online at once (loose lips sink ships). Nothing you say online is going to do anything but hurt you in court.
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Old December 22, 2010, 08:04 AM   #13
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I'd guess that losing a handgun might be the least you have to worry about.

I'd seek legal advice today.
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Old December 22, 2010, 08:07 AM   #14
RGPM1A
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+++1 on what ZeSpectre said - especially point #3. Anything you say can be used.....
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Old December 22, 2010, 09:17 AM   #15
insolentshrew
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Around town here the state has billboards with a handgun on it and says "gun crime means hard time." Depending on how your state laws are, as others have said - getting your gun back should be the least of your worries.
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Old December 22, 2010, 09:30 AM   #16
model18
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get a lawyer and it's possible to get the charges reduced to a NON felony offense, and save your rights to own or even touch another gun. I would kiss the Glock goodbye. just my 2 cents......Best of luck dealing with this.
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Old December 22, 2010, 10:12 AM   #17
BILLtheDJguy
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From the OP it seems as if he expects to get off on a technicality and get his gun back, based on this phrase...

Quote:
Suffice it to say I got stopped, without legitimate cause
If that is the best that you have, a good lawyer may be a waste of money...

Since you will already be a criminal, and apparently are self-proclaimed prior to your arrest, just get a PD to plea you down to time served, and use the money you saved on a lawyer, to buy a new Glock. Just be a little more careful when carrying next time...


THIS POST IS NOT MEANT TO BE TAKEN SERIOUSLY. IT IS JUST A JOKE. DO NOT TRY THIS AT HOME. I AM A PROFESSIONAL ON A CLOSED KEYBOARD.
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Old December 22, 2010, 10:17 AM   #18
johnbt
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I typed concealed handgun into the text search block on this page:

www.legis.state.la.us/searchlegis.htm


4. RS 40:1382 - Negligent carrying of a concealed handgun

5. RS 14:95 - Illegal carrying of weapons

6. RS 14:95.2 - Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone


Number 4 looks like a 6 month sentence, but it sounds like it's used when you just get a ticket written.

Number 5 looks like a year or two for a first offense.


And that satified my curiosity.
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Old December 22, 2010, 10:18 AM   #19
atlctyslkr
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Did you have a permit from another state, you kind of allude to having one. You might have gotten a break if that had been the case. I let mine expire once and carried under the "oops I forgot" but never got caught. It's only misdemeanor here anyway.
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Old December 22, 2010, 10:21 AM   #20
FlyFish
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Quote:
Suffice it to say I got stopped, without legitimate cause, the other night walking with my wife downtown (New Orleans).
IANAL, but if the OP was really stopped without legitimate (probable) cause, wouldn't any evidence found as a result be inadmissable?
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Old December 22, 2010, 10:28 AM   #21
BILLtheDJguy
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Reasonable suspicion and articulable evidence, is alll the officer needed, there is no way to prove the cop made an error.
If the cop witnessed suspicious behavior because the OP knew he was carrying or maybe his piece was printing, that would make it a good bust.

The fact is, that since he was found with a weapon concealed, all the officer has to do is say that he saw the weapon and made the arrest. THere is no way to prove that he didn't...
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Old December 22, 2010, 10:28 AM   #22
rantingredneck
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Quote:
Originally Posted by ZeSpectre
To the OP....

1) I'm pretty sure you can kiss that pistol goodbye forever.
2) Lawyer up NOW!
3) Cease posting about the incident online at once (loose lips sink ships). Nothing you say online is going to do anything but hurt you in court.
What he ^ said.......
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Old December 22, 2010, 02:04 PM   #23
EarlFH
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Some cop is already licking his lips, and planning what he's going to do with your nice weapon, after the trial is over. Louisiana is not known for it's honest cops, although it is well known for dishonest cops. Remember what happened during, and after Katrina?

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Old December 22, 2010, 02:22 PM   #24
Wuchak
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Not getting your permit didn't kick you in the groin. You could have lived without it for the rest of your life. What kicked you in the groin was engaging in a criminal activity and getting caught. Good luck. Since you've just shown that you are unable to follow the firearm laws why would they give you back a firearm?

On another note you should never have shown id and admitted to having a firearm (you confessed to a crime). Rule #1 is never talk to the police, even if you have a permit, since nothing good can ever come of it for you (unless you live in a state where it required for permit holders to tell an officer they have contact with they are carrying). If they were going to arrest you for something else (were they?) then they would have found it on their own. Here is a great video by a law professor on why you should never talk to the police for those who haven't seen it or need a refresher. http://www.youtube.com/watch?v=6wXkI4t7nuc&fmt=18

Last edited by Wuchak; December 22, 2010 at 02:39 PM.
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Old December 22, 2010, 02:53 PM   #25
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1) Get a lawyer.
2) Quit telling the world about your case by posting it on the internet (your lawyer will thank me for this)
3) Whether you get the gun back will probably depend on whether you're acquitted of the charge. I'm not a Louisiana lawyer, but that's my gut feeling.

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