Transporting pistols in vehicle for a "lawful purpose"....almost arrested in Mi
Below is my original post in another forum and the update to that post.
Opinions wanted please.
This occured in Michigan.
Here is my original post:
I had an interesting afternoon yesterday...complete with bomb-sniffing dogs and deputies.
I was driving down a major highway and was pulled over for speeding.
Deputy came to the passenger window of my Suburban and began asking the usual questions, which I answered as asked.
He spotted 2 long-gun cases in the far rear area of my suv, and asked why I didn't tell him I had firearms in the car.
I stated that I was answering his questions and had not had the chance to inform him.
I do not currently have a CPL, and I was transporting 1 rifle, 1 shotgun, and 2 handguns, all cased and unloaded.
I own a store and am an FFL holder.
He searched me and put me in the back of his car.
He called another deputy, a K9 unit, and conferred with him, then seaerched my entire vehicle.
He then came into his car with my 2 handguns and ran the numbers....they came back clean.
He told me I was in violation of the CPL laws, and I could be arrested and convicted of a felony punishable by 5 years in prison for illegally transporting the handguns.
He ended up giving me a ticket for impeding traffic, told me of my ignorance of the law, and suggested I return the guns to my store or my home immediately.
Was I wrong.....???
I will provide more details if needed.
I filed a foia request with the department and just reviewed the video.
After the usual questions of drivers license, registration, where are you going, etc. he spotted the long gun cases and a small pistol case in the FAR rear of my Suburban.
He asked why I did not disclose the firearms and I responded that i did not have a CPL, and did not beleive I was required to disclose legally transported firearms.
He asked me to place my hands on the steering wheel.
He asked what firearms I had in the car.
I told him I had a rifle, a shotgun, a bow, 2 pistols in the FAR back of my Suburban, and a small Leatherman in my pocket.
He then asked if I had ammunition in the vehicle.
I responded.....yes, in the orange bucket seperate from the firearms, the firearms are all cased and unloaded.
I told him I had an FFL.
He walked to the drivers side and ordered me out of the vehicle.
He had me spread 'em on the side of my vehicle and conducted a Terry search of my person.
He asked me to remove my Leatherman from my pocket and place it on my dash.
He then asked if i had ever been in the back of a police car and I responded that I hadn't.
He then walked me to the cruiser and placed me in the back seat.
At that point, I was NOT free to go....I was detained and in effect, under arrest(?)
He TOLD me, not asked me, that he was going to make sure the firearms were unoaded.
He then searched my entire vehicle, front to back, and took the 2 pistols out of the vehicle.
A minivan pulled up behind us and the officer had a conversation with the passerby about my pistols.
He was waving them around as he walked to the minivan saying "look what I found, he's just carrying these around with him in the vehicle" (paraphrased)
He then came back to the cruiser and asked me if I had ever been arrested, if the guns belonged to me, and told me I was in violation of the CCW laws, which is a felony punishable by 5 yars in prison.
He then called for another deputy to come to the scene.
When the deputy arrived, with a K9, the first deputy got out of his car to confer with him, and shut off his microphone.
He conferred with the other deputy, both were outside of the vehicle and out of camera range.
After approximately 5 minutes, he got back in the car and continued to chastise me and tell me I was in violation, and that I could only transport the pistols directly to and from the range or if I were moving from one residence to the other.
He wrote me the ticket as stated in the original post above, and sent me on my way.
I was detained, and not free to leave for approx. 34 minutes.
Legal search and seizure(of myself, as I was detained)???
What do you think?