traveling?

traveling?

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  1. #1
    Distinguished Member Array mr.stuart's Avatar
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    traveling?

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    Locked & Unloaded
    The NRA, the ACLU and HPD
    As told to Richard Connelly
    Published: April 19, 2007

    Keith Patton of Katy has become an unlikely hero of both the National Rifle Association and the American Civil Liberties Union, and you'd think that's not easy to do.

    Houston Police Department, Guns In Patton's case, though, it actually was easy enough to do, if not to endure. He bought a gun in February and was taking it home when he was pulled over for allegedly speeding and changing lanes without a signal.

    Just to be on the safe side, he told the officer he had an unloaded gun in his car. No ammunition anywhere, just an unloaded .357 Magnum.

    The result: 27 hours in jail and about $2,100 in fees and attorney's costs.

    “I actually thought it was somewhat comical,” he says of the arrest. “I started laughing and I said, ‘Are you arresting me?' And he goes, ‘Yeah, you think this is funny?' And I said, ‘Well, I do, kind of. I just told you where I was coming fromÉI don't even have any ammunition in the car — what the hell are you arresting me for?'”

    He was being arrested, it turns out, because Texas law on the matter is — after years and years of trying to get it right — still pretty damn murky. A bill passed in 2005 sought to make it okay to carry a gun in the car while traveling as long as it's hidden and not being used in a criminal activity.

    Prosecutors around the state, however, believed the law was unclear. The policy in many areas became to arrest someone for carrying a gun in the car and let prosecutors decide whether to charge them or not.

    Patton testified about his experience to the Legislature, and bloggers and The New York Times picked up on it. There's a new bill now that clearly states carrying a gun in your car is not an offense and you can't be arrested for it.

    “This isn't the first time, the second time, the third time, the fifth time — I found records from the 1880s that urged the Legislature to clarify this, when there were no cars, when people were traveling on horseback and on foot,” says Alice Tripp, legislative director for the Texas State Rifle Association.

    Patton eventually had the charges dropped, but HPD wouldn't let him have the gun for six weeks.

    Last week he finally got it back. On April 12 he showed the Homicide Division a letter from the District Clerk saying charges had been dropped, and two and a half hours later they handed him the gun.

    How he was supposed to get it home from HPD headquarters, they didn't say. Luckily he broke no traffic laws on the way


  2. #2
    Senior Member Array raysheen's Avatar
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    Same thing happend to someone over on ar15 in huston. Had an AK pistol and was arrested for it. If this is "policy" in the area as the article states I feel that policy is about to change. Having both the NRA and the ACLU on your back? Wow...not a position I'd want to be in.

    related story:
    details are still coming out, but it seems he was in the right if the story is true
    http://www.ar15.com/forums/topic.html?b=4&f=64&t=96147

  3. #3
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    yeah, absolutely ridiculous, BAD arrest by the LEO knowing that the guy just got it and was transporting it home, is not a crime

    I've heard that the DA in Houston is an absolute jerk when it comes to this.
    LEO/CHL
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    "I got a touch of hangover bureaucrat, don't push me"
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    Independence is declared; it must be maintained. Sam Houston-3/2/1836
    If loose gun laws are good for criminals why do criminals support gun control?

  4. #4
    Ex Member Array one eyed fatman's Avatar
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    Blame the Harris county DA. He's the butthead who refuses to obey the laws of Texas. He's the one who has told Harris county cops to arrest anyone carrying a gun in their car. He's a good ol boy. They don't have to obey the law. Get your CHL and that butthead can't mess with you.
    Last edited by one eyed fatman; May 10th, 2007 at 09:41 PM.

  5. #5
    VIP Member Array Tom G's Avatar
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    This is a case of where the LEO did not use common sense. Too bad the driver couldn't sue for his losses. This would give those in charge an incentive to fix this faulty law.

  6. #6
    Ex Member Array dwolsten's Avatar
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    This goes to show: don't ever trust the cops. They're not your friends.

  7. #7
    VIP Member Array rodc13's Avatar
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    I just have to wonder why you would ("just to be on the safe side") tell an officer there's a weapon in the car if it's a routine traffic stop?
    Cheers,
    Rod
    "We're paratroopers. We're supposed to be surrounded!" Dick Winters

  8. #8
    Senior Member Array incredipete's Avatar
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    Gosh. I wouldn't have expected such behavior from a Texas cop... very surprising. I wonder if that poor guy has any recourse to recover some of that money?
    Gun Control means never having to say "I missed you."

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  9. #9
    Senior Member Array Andy W.'s Avatar
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    Quote Originally Posted by rodc13 View Post
    I just have to wonder why you would ("just to be on the safe side") tell an officer there's a weapon in the car if it's a routine traffic stop?
    Maybe to keep him from freaking out if he saw it?

  10. #10
    Member Array popo22's Avatar
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    As has been said before, "Common Sense is not so Common".
    A Wise Man Changes His Mind, but a Fool Never Does

  11. #11
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    Quote Originally Posted by dwolsten View Post
    This goes to show: don't ever trust the cops. They're not your friends.
    I think thats the most ridiculous statement I've seen in a long time. Stop and think about what you're saying.
    As has been said in other threads.....there are some bad apples, don't just lump them all in the bad group.

    There are some problems with the DA directing the LEO in Houston to arrest if a handgun is in the car and no CHL, they are forcing citizens to prove that they were traveling at trial rather than proving they were not before arresting.
    Last edited by 64zebra; May 12th, 2007 at 08:15 PM.
    LEO/CHL
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    "I got a touch of hangover bureaucrat, don't push me"
    --G.W. McClintock

    Independence is declared; it must be maintained. Sam Houston-3/2/1836
    If loose gun laws are good for criminals why do criminals support gun control?

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