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Gun Confiscation

8K views 110 replies 44 participants last post by  TomEgun 
#1 ·
Hi All
Thought id post for debate , I have a friend stationed in the military in El paso , TX who had his Glock and his CCW permit confiscated by the police . He was in a store parking lot in his vehicle showing a friend who was interested in firearms and a ccw his glock he unloaded it and cleared the weapon before handing it to his friend in his vehicle . The police that were in a nearby vehicle heard the slide as he cleared the chamber and approached him , he cooperated with the officers they secured his weapon while running the numbers and his ID and CCW they held him for an hour with at least 15 other officer showing up . they gave him back his ID but kept his gun and ccw they said they were holding it for safe keeping no CHARGES !! this was on a Friday and said he could pick it up on Monday he goes to pick it up and they tell him they have to run ballistic test on it and who knows how long that will take. He gets a Lawyer and battles the DA for 3 months before his gun and ccw are returned at an expense of which he could have bought 4 Glocks, with no charges and his lawyer gets a butt chewing by the DA to hand down to him saying they know he is guilty but no charges !!
that because he is in the military he is playing the military card ? I thought we lived in a free country with a Constitution Please beware especially in El paso TX
I guess the Police just do as they please there. sorry about the rant but this just has had me hot.
 
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#3 ·
Of nothing its just the DA's rant
 
#4 ·
I'm kind of surprised they gave it back at all... even though he wasn't charged they can play red tape and wild goose chase until the person gives up trying to get their property back.
 
#5 ·
Its just insane they can do this to start with !!
 
#9 ·
Technically they can't....well depending on the state law they might... it is more to do with bending the rules and taking advantage of vague laws... for example... what is the brandishing law in Texas?
As many great officers as there are in this country there are always ones that aren't so great. I wouldn't doubt the story. Even if there was some part of it that was blown out of proportion.
 
#6 ·
Sounds to weird to be true to me.
 
#7 ·
I thought Tx (as a rule) was gun friendly.

There must be more to the story, 15 LEO's and a ballistics test....Seems like a lot to me for someone showing a gun to friend. If the cops heard the slide, how close were they and was he flashing the gun in the parking lot. Doesnt add up to me.
 
#10 ·
I am sorry, but IMO something smells fishy.


I thought Tx (as a rule) was gun friendly.

There must be more to the story, 15 LEO's and a ballistics test....Seems like a lot to me for someone showing a gun to friend. If the cops heard the slide, how close were they and was he flashing the gun in the parking lot. Doesnt add up to me.
I agree with you.
 
#8 ·
Its true Ramrod he wouldnt lie to me ive been following it for a few months now with him doing research the internet is full of gun confiscation by Police for no reason matters .
 
#25 ·
The internet is the internet. Our time to put an end to these things has passed, and we've passed over them when the time was right to take back our ground. This is why we end up fighting for our take on the hill when we should have been defending it all along. We were duped because our enemy lies within our midst, and we became weak. Humanity isn't concerned with the team effort anymore. Our constitution was written and upheld by a team effort. We'll never see that day again. If I could cry....I would. Likely I'll be shedding blood in the homeland before I shed a tear. I'm willing to do that on my own without any support. God knows I've been there before. Time to quit playing guess and word games. We'll either make it to the next level, or suffocate in our own blood. Drowning is one of those things I'd rather not do.
 
#11 ·
He wasnt flashing the gun they were in their vehicle he handed it to a buddy to look at and the police were in vehicle right next to them with windows down. He didnt see them until they were standing outside his door.
 
#12 ·
Handling a weapon in public is typically a dumb idea. Even if the state allows open-carry. If you want to show your friend your Glock, do it at a shooting range or on private property with the owner's permission. A store parking lot is not a gun show.
 
#14 ·
That I agree with but if you are a legal citizen in your vehicle your private property I dont see a problem with what he did.
 
#13 ·
I would think it would be at least covered under the 4th Amend that without charges they couldnt do this .
 
#15 ·
Gun laws here in NC are strict in a lot of places I can't go in carrying so I lock my gun in my glove box but if an officer sees me take it out and secure it there it doesn't give him the right to confiscate and harass me.
 
#16 ·
Gun laws here in NC are strick in alot of places I cant go in carring so I lock my gun in my glove box but if an officer sees me take it out and secure it there it doenst give him the right to confiscate and harras me.
If the above story is real, he can file a complaint against the DA and the police department. If they "know he's guilty" they should have charged him- no excuse for defamation of character and loss of legal fees.

Something doesn't add up.
 
#17 ·
Trying to get him to pursue a civil suit he is getting ready to be deployed to Afgan for a year he is trying to prepare for this is the story as far as I know it will try to get more Info .
 
#19 ·
I'm sure there's more to this story... but still, I don't think I'd be "showing a friend" my weapon in public. Just sayin'! :frown:
 
#20 ·
His choice of location wasnt the best to do this but not illegal either he said if he would have known the cops were there and so close he wouldnt have done it but still shouldnt have taken his gun away for 3 months of testing !
 
#21 ·
Also they were in his car not out on street the police didnt see him do it they said they heard the slide rack and came to investigate.
 
#23 ·
You see gun confiscation all the time in this country for no reason but you find it hard to believe this could happen for no reason? it could be an anti gun agenda by elpaso DA who knows.
 
#45 ·
You see gun confiscation all the time in this country for no reason but you find it hard to believe this could happen for no reason? it could be an anti gun agenda by elpaso DA who knows.
[1] Can you provide any evidence for such a broad sweeping statement as the bolded text above? Why should I believe that?

[2] Were you present when your friend's gun / police incident occurred? . . or is this 'hearsay' as in that's what he or someone told you? What's the credibility of the source of your information?

No personal affront intended but my BS meter is ringing at 120db! . . . not on you neccessarily . . but definitely on your friend and his story.

Like Paul Harvey used to say: "And now the rest of the story."
 
#24 ·
They should have charged him.
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun
If the officers were able to see the weapon through the window that would fall under plain view doctrine and the fourth amendment argument is out the window.
If his friend that he handed the weapon to does not have a CHL he should also be charged.
PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly carries
on or about his or her person a handgun, illegal knife, or club if the
person is not:
(1) on the person's own premises or premises under the person's
control; or
(2) inside of or directly en route to a motor vehicle that is owned
by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a
motor vehicle that is owned by the person or under the person's
control at any time in which:
(1) the handgun is in plain view;
 
#26 ·
Why would they charge his friend if he wasnt trying to conceal it ? how would this fall under unlawful carry of a handgun ? and they were in the privacy of a vehicle.
 
#58 ·
The incident happened in El Paso, Texas, not where you are. Laws differ from one place to another. You can not have unlicensed possession of a gun in a car in TEXAS unless two conditions are met: 1) Owner of the vehicle; 2) Vehicle is under your control. It is unlawful for an unlicensed passenger who isn't also a co-owner of the vehicle, e.g., spouse, to be handling a gun in the car. Moreover, the gun must be concealed. It wasn't. Both could have been charged. It sounds like both got off easy.
 
#27 ·
Ramrod I agree with you on the Constitution the time for letting Gov officals get away with soft tyranny is over thats why I bring this up and ive probable walked the same ground as you at one point or another !
 
#28 ·
Real simple. If he is showing it to someone he is pretty much by definition intentionally not concealing it and in violation of 46.035. If he handed it to his friend, and his friend is not licensed he is in posession. If they are in a motor vehicle and the unlicensed friend is in posession of the weapon and it is visible to someone looking through a window he is in violation of 46.02.
 
#29 ·
So the only way to carry a firearm in texas is to conceal it ? so you have to be licensed in Texas to hold a firearm ?
 
#32 ·
Well, first thing I would ask is what kind of store parking lot was he in? Convenience stores here in TX sell alcohol and are always the target of robbery. A fast food restaurant parking lot would be treated the same. Now anyone who has the legal right to own a handgun can carry it in their vehicle, in TX, as long as it is concealed. So racking the slide of a firearm in a convenience store or fast food parking lot, raises probable cause to investigate. A firearm in open view in a vehicle is illegal. Now having a CHL, if you are charged with 46.035, as mcp1810 stated above, you will lose your CHL, at least temporarily.

El Paso is in the middle of all the violence that is spilling over from Mexico, so I would assume the police would investigate anything to do with a firearm. Obviously, something happened when the Army got involved. A friend or not, most folks aren't going to tell on themselves when they do something stupid with a firearm. Racking the slide of a handgun with the police parked next to you is stupid, at any level. So I think there's something he's not telling you.
 
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