Right totally violated

This is a discussion on Right totally violated within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hello guys glockfene here, i thought gettting my permit was the best day right after my daughters being born, even though it's our right to ...

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  1. #1
    New Member Array GLOCKFENE's Avatar
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    Right totally violated

    Hello guys glockfene here,
    i thought gettting my permit was the best day right after my daughters being born, even though it's our right to bare arms, i reside in georgia, i went on a road trip to see family in new york packed trunk and was off to see the family get get to ny and get stopped by ny finest, he asked me to step out the car, while his buddy (illeagally) searched my car (me forgetting) gun was in trunk, gop finds 1 round in the ash tray "sir is there a gun in the car" my heart sunk i responded yes in my trunk lock up in a book bag with a pad lock on the book bag they retrieved the glock 23 unloaded fire arm cuff me and carried me off to the slammer (im licensed by ga by the way) i get my right read to me "behind bars" glock taken by ny finest i get charged with a misdemeanor in the 4th so now i have a record... From the age of 0 to 34years of age i get arrested 3 day after my 35th birthday dec. 4th. So with this charge, can i still carry being that it wasn't a violent felony but a misdemeanor in the 4th.

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    I'm a bit confused by your post. You say they illegally searched your car, but you then informed them you had a gun and told them where it was at. Did they find it during the course of an ostensibly-illegal search, or as a result of you self-informing?

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    VIP Member Array Harryball's Avatar
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    Why did you take your gun to New York? This is one of those things were you should have researched to see if you were legal to do so. That being said, you are going to want to consult with an attorney to see if your carry permit will be revoked in Georgia...
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    No excuses here...carrying a firearm requires research for your home state and wherever one travels...one MUST know/understand the gun laws.
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    I feel for ya, but last I heard you can't plead ignorance.
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    Hmmm. Where were you, in NYC or just in the State of New York? What were you pulled over for? Was your ashtray open so the bullet would have been plainly visible from outside the vehicle or did the officer enter your vehicle, open the ashtray up and then find a bullet?They cannot search your car without some probably cause. Unfortunately, it will probably be quite a bit easier for him to prove probable cause then for you to prove that he didn't have it. As to actually finding the firearm, you told him it was there, so that was perfectly within his boundaries, although they probably could have used finding the bullet as probable cause to search the trunk anyway.

    Was the firearm loaded? If you were adhering to the federal laws concerning the transportation of firearms, I don't believe they could have arrested you unless you were inside NYC city limits. I don't know much about their handgun laws but I know they are strict. Here's what the NRA website says about New York and firearms transportation.

    NEW YORK—Caution: New York state`s general approach is to make the possession of handguns and so-called "assault weapons" and "large capacity ammunition feeding devices" illegal and then provide exceptions that the accused may raise as "affirmative defenses" to prosecution. The only exceptions to the "assault weapons" and "large capacity" magazine bans are provisions which allow possession of otherwise banned items manufactured on or before September 13, 1994, or ammunition feeding devices "capable of operating only with .22 caliber rimfire ammunition." The possession or transport of any other "assault weapon" or "high capacity" magazine is a felony. The prohibited ammunition feeding devices include not just magazines that have a capacity of more than 10 rounds but those "that can be readily restored or converted to accept more than 10 rounds."

    Possessing a loaded handgun outside one`s home or place of business without a license is a felony. This applies not only to those who possess loaded handguns, but also to anyone who merely possesses a handgun and "at the same time … a quantity of ammunition which may be used to discharge such firearm." Licenses to possess and carry handguns are not issued to out-of-state residents, unless they are principally employed or own a business in New York.

    A nonresident who "has in his possession a pistol license or firearms registration card issued in accordance with the laws of his place of residence" may transport a handgun to and from, and possess a handgun while attending, "an organized competitive pistol match or league competition" approved by or conducted under the auspices of the National Rifle Association or the International Handgun Metallic Silhouette Association or at a "an organized convention or exhibition for the display of or education about firearms" approved by or conducted under the auspices of the NRA, so long as all of the following apply: (1) the person is a competitor in the match or a registered participant in the exhibition or display; (2) the possession occurs during or within 48 hours of the event; (3) the person has never been convicted of a felony or a crime that within New York would constitute a felony; and (4) the handgun is transported unloaded in an opaque container together with a copy of the match or exhibition program, schedule, or registration card. A person may also possess or transport a handgun if he or she is a member or coach of an accredited college or university target pistol team who is transporting the handgun into or through New York to participate in a collegiate, target, or Olympic pistol competition approved by or under the auspices of the National Rifle Association. During transport the handgun must be unloaded and in a locked carrying case, and any ammunition for the handgun must be locked in a separate container.

    A number of localities, including Albany, Buffalo, New York City, Rochester, Suffolk County, and Yonkers, impose their own requirements on the possession, registration, and transport of firearms. Possession of a handgun within New York City requires a New York City handgun license or a special permit from the city police commissioner validating a state license within the city. Even New York state licenses are generally not valid within New York City unless a specific exemption applies, such as when the New York City police commissioner has issued a special permit to the licensee or "the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted." Possession of a shotgun or rifle within New York City requires a permit, which is available to non-residents, and a certificate of registration. No person may possess a loaded rifle or shotgun anywhere in public within New York City limits. A non-resident without a permit may possess an unregistered long gun for up to 24 hours in New York City if in transit to a destination outside the city, provided that the firearm is at all times unloaded and in a locked case or locked automobile trunk and the person is "lawfully in possession of said rifle or shotgun according to the laws of his or her place of residence."
    Here's a link to the whole thing. If you are going to carry outside your state, you really should understand all the laws that you will be held to.

    http://www.nraila.org/GunLaws/Federal/Read.aspx?id=59

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    Senior Member Array Mattmann's Avatar
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    Nice.......

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    If you were traveling thru NY, nonstop, then fed law says your ok.
    Without a NY permit, if you are visiting someone or staying anywhere in the state (hotel, whatever) then you will be charged - even with pistol unloaded in trunk. Gotta love my home state.

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    Don't go to NY, armed or otherwise! How many cases of this are we going to see? "Family" can come see you.

    If you really feel the search was illegal, then consult an attorney and ask about having this overturned.
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    Interesting first post; somehow I think something is missing from this story. Anyhow, I am sorry for what happened to you, but you should have known the law.
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    New Member Array jaybone's Avatar
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    Wow what a post.

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    Another reason why HR822 needs to pass in The Senate. Write your critters. Beg and plead.

    This is a perfect example of the harm done to the unwitting and the ignorant and the naive who assume their CHL works just like a DL, anywhere in the US.
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    Distinguished Member Array mr.stuart's Avatar
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    Another reason I live in the great country of Texas
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    Quote Originally Posted by Hopyard View Post
    This is a perfect example of the harm done to the unwitting and the ignorant and the naive who assume their CHL works just like a DL, anywhere in the US.
    I sure hope when you talk to your anti friends that you word it better. 2nd A advocates are always telling people that folks that carry are responsible citizens who take their gun safety and laws seriously. And we are the first to defend them by saying the law isn't just. It ain't just but it sure the heck is well published or more so than different driving laws in different states. We have people walking through airports with guns in their carry ons and they say "oops, forgot it was in there". How on earth are you suppose to be a responsible gun owner when ya don't know where it is? I hate the laws as much as anybody else, but good grief..how many times does this happen? Look, the laws need to change and until then they should get a fine. But I can't honestly tell people that these folks are responsible gun owners when the only thing I know about them are in the news and it is when they screw up. This gentleman from I could gather said "his heart dropped". That sounds like he either knew it was wrong or two, he forgot about it. I have trouble believing the story anyway because he said it was in a locked bag. But that is neither here nor there.

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