November 21st, 2009 09:45 PM
Ignorant LEO try'n to bust my chops
So I was closing up the shop the other tonight when a couple LEOs came by to serve me with some papers. Long story short, I got a restraining order against my exgirlfriend and a couple of her male friends (more for their protection than mine, if you catch my drift) and she returned one on me... guess it's just the thing to do.
Upon serving the papers the LEO stated that he knew I carried a firearm and he'd need to confiscate my weapon. He went into this whole bit about how I'm breaking the law because I'm under 21 and I can't legally carry or even own a firearm.
"I'm sorry sir but I am 20 and have the legal right to own and open carry a firearm in the state of arizona," I replied.
This sparked about a 10 minute argument into the legality of my owning a firearm. Not only did he pat me down in front of my customers... but also told me I had beautiful eyes (while verifying info such as hair and eye color)!!!
Cocky, disrespectful, little son of a ... wouldn't give me his badge number or name of his supervisor when I asked for the info. Luckily, his partner was required to write his badge number under "Served by" on the order. Luckily, I've known our new city manager since I was 16... I will be filing a report in person.
Sorry 'bout that... He's trained to attack shopping carts for some reason.
November 21st, 2009 09:51 PM
Refusal to give his ID? That can't be good for him. It certainly doesn't sound like two officers simply doing their jobs. I'd say a written complaint is in the 'wings', and your attorney should deliver it.
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November 21st, 2009 10:09 PM
Was he looking for a date?
Originally Posted by V10
I hope you have some traction with Mr. Cavazos... better him than that idiot mayor, Phil Gordon.
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November 21st, 2009 11:09 PM
Why do I have a feeling this isn't going to end good. Like, maybe someone wearing pink underwear at Arapio's hotel?
At least for now, put the guns away. And don't count on help from city big shots unless they are your dad or your uncle.
Somewhere in the back of my head the idea is spinning that in some jurisdictions you can't keep firearms once served with a restraining order. Is that true in Phoenix? In AZ? Just asking. I could be wrong. Someone who knows will chime in I'm sure. I just don't want you to get in trouble beyond what is already happening.
November 21st, 2009 11:19 PM
Interesting. You get a restraining order against someone, and then the State deems you're unworthy of having your defensive weapons. Hell, filing a restraining order should be fair evidence of the likely need for the things ... and the State confiscates them. This isn't a government operation, is it??
Originally Posted by V10
I fully appreciate the "return-favor" order existed. Likely, the OP is deemed "a threat" and therefore proven unworthy ... all before conviction of anything, all because of claims, in spite of having the need and proving it. Government logic and stupidity should be the first thing we learn in school, 'cause it certainly is one of more common and important things we have to deal with in our lives, at least today. One step forward, twelve steps back.
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self defense (A.O.J.).
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the number of victims?
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November 22nd, 2009 12:10 AM
Sorry 'bout that... He's trained to attack shopping carts for some reason.
November 22nd, 2009 01:08 AM
Good luck next week; hopefully it'll work out in your favor.
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November 22nd, 2009 02:19 AM
Yea let us know what happens.... good luck!
November 22nd, 2009 05:45 AM
Ya I'd really like to know how this comes out?
November 22nd, 2009 08:11 AM
Keep us informed.
Restraining orders are a BIG problem in many States.
Here in Virginia:
Do you have/can you site the applicable law for the State of Arizona?
§ 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty.
It shall be unlawful for any person who is subject to (i) a protective order entered pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, or § 19.2-152.10; (ii) an order issued pursuant to subsection B of § 20-103; (iii) an order entered pursuant to subsection D of § 18.2-60.3; or (iv) an order issued by a tribunal of another state, the United States or any of its territories, possessions or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to those cited in clauses (i), (ii), or (iii) to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this section is a Class 1 misdemeanor.
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November 22nd, 2009 10:11 AM
Correct me if I'm wrong, but aren't LEOs required by law to identify themselves fully? Refusing to tell you who he is or provide you his identification can't be legal.
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November 22nd, 2009 10:43 AM
Yeah I would definitely find out the name and badge number of the officer who refused. That is simply unprofessional.
I would also look up the ARS statute on carrying while under a Order of Protection. As far as ownership by AZ law I know that you cannot buy from an FFL (USC 18 something or other, 922 I think but don't quote me on that) but there is nothing in AZ law that prohibits someone 18 or older from owning or OC. That would be unless having the OOP against you bars carry.
Again, check the ARS on that one...I don't recall anything in ARS 13-3102 on that, but I could be wrong so check it. I know there is a list of prohibited possessors in ARS 13-3101...this is the part about it in the statute:
7. "Prohibited possessor" means any person:
(a) Who has been found to constitute a danger to himself or to others or to be persistently or acutely disabled or gravely disabled pursuant to court order under section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925.
(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a gun or firearm has not been restored.
(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.
(d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.
(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:
(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.
(ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.
(iii) Certain diplomats.
(iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.
(v) Persons who have received a waiver from the United States attorney general.
Let us know what happens.
November 22nd, 2009 12:34 PM
Sometimes things like that happen when you get disintrested parties involved to play the "lets's trade restraining orders" game.
I'm best guessing that you cannot do the firearm thing when there is a valid restraining order out on you.
November 22nd, 2009 12:55 PM
Right QKS.........And I would not doubt that a little birdie wispered as much in her ear at some point.......
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November 22nd, 2009 12:59 PM
I bet he would have given you his phone number. It's very unprofessional not to identify yourself to a citizen upon request. Who pays his check? If you are truely a friend of the city manager, this will incident will be swiftly handled with a nice kick in the ass by the chief. There are not very many people I'm afraid of at my job, but two of them are the city manager and the assistant city manager!
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