seized handgun

beetelbailey · December 21, 2010, 05:11 PM

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

old bear · December 21, 2010, 07:37 PM

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.

COSteve · December 21, 2010, 08:03 PM

If it's a felony you may never be able to own a firearm again.

orionengnr · December 21, 2010, 08:04 PM

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.

Shadi Khalil · December 21, 2010, 10:03 PM

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.

twhidd · December 21, 2010, 11:16 PM

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?

cougar gt-e · December 21, 2010, 11:44 PM

Shortcuts always cause long delays...

You really screwed the pooch by not getting that slip of paper!

claimbuster · December 22, 2010, 01:48 AM

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.

raftman · December 22, 2010, 02:51 AM

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.

DG45 · December 22, 2010, 03:34 AM

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.

Justice06RR · December 22, 2010, 03:36 AM

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.

ZeSpectre · December 22, 2010, 03:40 AM

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.

Kreyzhorse · December 22, 2010, 08:04 AM

I'd guess that losing a handgun might be the least you have to worry about.

I'd seek legal advice today.

RGPM1A · December 22, 2010, 08:07 AM

+++1 on what ZeSpectre said - especially point #3. Anything you say can be used.....

insolentshrew · December 22, 2010, 09:17 AM

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.

model18 · December 22, 2010, 09:30 AM

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.

BILLtheDJguy · December 22, 2010, 10:12 AM

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.

johnbt · December 22, 2010, 10:17 AM

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.

atlctyslkr · December 22, 2010, 10:18 AM

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.

FlyFish · December 22, 2010, 10:21 AM

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?

BILLtheDJguy · December 22, 2010, 10:28 AM

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...

rantingredneck · December 22, 2010, 10:28 AM

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.......

EarlFH · December 22, 2010, 02:04 PM

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?

EarlFH

Wuchak · December 22, 2010, 02:22 PM

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

**Spats McGee** · December 22, 2010, 02:53 PM

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.

Welcome to The Firing Line.

December 21, 2010, 11:16 PM	#6
twhidd Senior Member Join Date: March 21, 2005 Location: Athens, Georgia Posts: 823	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? __________________ Todd NRA Life Member

December 22, 2010, 02:51 AM	#9
raftman Senior Member Join Date: May 4, 2009 Location: Oregon Posts: 1,890	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. __________________ "My momma, she done told me, there's heart and then there's hate If one of 'em's inside of you, the other one, it aint."

December 22, 2010, 03:34 AM	#10
DG45 Senior Member Join Date: January 5, 2009 Posts: 904	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.

December 22, 2010, 03:40 AM	#12
ZeSpectre Senior Member Join Date: June 4, 2007 Location: Shenandoah Valley Posts: 3,276	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. __________________ "The dogs may bark but the caravan moves on"

December 22, 2010, 08:04 AM	#13
Kreyzhorse Senior Member Join Date: April 12, 2006 Location: NKY Posts: 12,463	I'd guess that losing a handgun might be the least you have to worry about. I'd seek legal advice today. __________________ "He who laughs last, laughs dead." Homer Simpson

December 21, 2010, 05:11 PM	#1
beetelbailey Junior Member Join Date: December 21, 2010 Posts: 1	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: .

December 21, 2010, 07:37 PM	#2
old bear Senior Member Join Date: November 3, 2009 Location: Not close enough to the beach Posts: 1,477	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.

December 21, 2010, 08:03 PM	#3
COSteve Senior Member Join Date: September 6, 2009 Posts: 1,344	If it's a felony you may never be able to own a firearm again.

December 21, 2010, 08:04 PM	#4
orionengnr Senior Member Join Date: July 9, 2004 Posts: 5,177	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.

December 21, 2010, 10:03 PM	#5
Shadi Khalil Senior Member Join Date: September 23, 2006 Location: Alexandria, VA Posts: 5,210	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.

December 21, 2010, 11:44 PM	#7
cougar gt-e Senior Member Join Date: July 25, 2009 Posts: 1,003	Shortcuts always cause long delays... You really screwed the pooch by not getting that slip of paper!

December 22, 2010, 01:48 AM	#8
claimbuster Member Join Date: April 5, 2005 Location: Rowlett, TX Posts: 40	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.

December 22, 2010, 03:36 AM	#11
Justice06RR Senior Member Join Date: December 21, 2010 Location: Central FL Posts: 1,360	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.

December 22, 2010, 08:07 AM	#14
RGPM1A Senior Member Join Date: October 4, 2010 Posts: 134	+++1 on what ZeSpectre said - especially point #3. Anything you say can be used.....

December 22, 2010, 09:17 AM	#15
insolentshrew Senior Member Join Date: July 16, 2010 Posts: 270	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.

December 22, 2010, 09:30 AM	#16
model18 Senior Member Join Date: March 14, 2006 Posts: 419	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.

December 22, 2010, 10:17 AM	#18
johnbt Senior Member Join Date: December 6, 1999 Location: Richmond, Virginia USA Posts: 6,004	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.

December 22, 2010, 10:18 AM	#19
atlctyslkr Senior Member Join Date: March 6, 2006 Location: Atlanta, GA Posts: 613	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.

December 22, 2010, 10:28 AM	#21
BILLtheDJguy Junior member Join Date: December 6, 2010 Location: Central, FL Posts: 250	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...

December 22, 2010, 02:04 PM	#23
EarlFH Member Join Date: August 22, 2010 Location: montana Posts: 66	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? EarlFH

December 22, 2010, 02:22 PM	#24
Wuchak Senior Member Join Date: June 1, 2007 Location: Shawnee, KS Posts: 1,093	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.

December 22, 2010, 02:53 PM	#25
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	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. Welcome to The Firing Line.