Not a Good LEO Encounter

[Tireshred]

A guy I work with (he took his CHL class but hasn't sent it off) was going to his deer lease a couple of weekends ago to spruce the place up. He took 2 pistols, one that stayed in his truck in the console and one he had in a holster in the passenger seat with an overnight bag on top of it. He was pulled over for speeding in a podunk little town outside of San Antonio, I don't remeber which one. The LEO asked where he was going and when he said where, he was asked if he had any guns. He said yes, the LEO moved the bag and saw the gun and arrested him for unlawful possession of a firearm. He spent 28 hours in jail, no prior record at all, not even the usual teenage stuff and he's my age, early 50's. Now they are offering to drop all charges but keep the guns. His lawyer said he could fight it and probably win, but the cost would far exceed the cost of the guns. He can't send in his CHL app until this is resolved either. I've known this guy off and on for many years, he can be a hot head, not lately though, we all get mellower with age , but he said he was polite and truthful to the LEO and I believe him. I would think having a bag on the pistol would be considered concealed? This stinks like corruption to me, but INAL.

[KD5NRH]

His lawyer said he could fight it and probably win, but the cost would far exceed the cost of the guns.

Sounds like he needs a better lawyer. There's not much to fight here, and if they're offering to drop everything, they know that. Getting the guns back as well shouldn't be all that hard.

I think I remember some sort of rumor about a lawyer or two hanging around here that should have better input.

[AEA]

Get a good lawyer that knows gun laws and civil liberties.
Get the guns back and then sue the department and city for violations of your rights.

[Purplehood]

If it were me, I wouldn't roll over.

[Beiruty]

unlawful? for what reason? is he a felon? if not, there is a new motorist protection act that entitles the owner of the car to carry concealed (not in plain view) with no license. I would say let us go to court and please I can not afford a lawyer. Appointed lawyer by the court should take care of it.

Again we do not know the full story, he may truly needs a good lawyer if he did something stupid not disclosed so far.

[Tireshred]

That's my advice to him, don't roll over, get a better lawyer or whatever it takes, but as you said, there may be more to the story he's not disclosing, I have no way of knowing. But I would sure fight it.

[Oldgringo]

"Drop all charges but keep the guns". That has an odor to it. What kind of gun/s are we talking about?

[Keith B]

Sec. 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; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

If he doesn't fit (2)(A ,B or C) then he had to have gotten him for having it in plain view. I think that is stretching it a bit. Kinda like opening the glove box or console and discovering you have a weapon there.

I too would fight this one. It was not in plain view until the LEO moved the item covering it. The DA might have a different view and drop charges if contacted by a lawyer. If it goes under the county, the DA is Susan Reed

[Purplehood]

Why does a department even say things like "they will keep the guns and drop it"? Are they in need of guns or something? Is it their way of getting guns off the street?

[G.A. Heath]

Is your friend an NRA member? If so he should contact them as they have legal services for members involved in this type of thing. Regardless of the membership status I would also consider talking to a lawyer regarding filing a suit for violation of civil rights and to get the guns back.

[RiveraRa]

Why did he let the LEO in the car to move the bag in the first place?! Rhetorical question.

[Charles L. Cotton]

This sounds like a bogus arrest and the offer to drop the charges tends to prove it. I think his lawyer was doing nothing more than giving him the facts. If dropping the charge was contingent on giving up the guns, then his lawyer was correct in advising him that his legal fees for defending the criminal charge and for recovering his property would far exceed the value of the guns. Even if the charges were ultimately dropped without giving up the guns, the legal fees would still exceed the value of the guns. Any honest attorney would advise his client of the costs of litigation and let him/her decide if they want to pursue the matter.

Chas.

[Purplehood]

This sounds like a bogus arrest and the offer to drop the charges tends to prove it. I think his lawyer was doing nothing more than giving him the facts. If dropping the charge was contingent on giving up the guns, then his lawyer was correct in advising him that his legal fees for defending the criminal charge and for recovering his property would far exceed the value of the guns. Even if the charges were ultimately dropped without giving up the guns, the legal fees would still exceed the value of the guns. Any honest attorney would advise his client of the costs of litigation and let him/her decide if they want to pursue the matter.

Chas.

Why do police/sheriff departments put provisos like this on these deals? Why not simply return them? What do they have to gain?

Isn't this simply confiscation in another form?

[bdickens]

What's the value of his civil rights?

Assuming we are getting the whole story, I wouldn't care if the guns were rusted out Raven .25s that gor flooded out during IKE and weren't worth a termite-infested wooden nickel. I would spend my last penny fighting that garbage!

[Rex B]

What's the value of his civil rights?

Assuming we are getting the whole story, I wouldn't care if the guns were rusted out Raven .25s that gor flooded out during IKE and weren't worth a termite-infested wooden nickel. I would spend my last penny fighting that garbage!

Absolutely agree. The cops know they were wrong. Keeping the guns is their way of claiming some sort of victory.
It's about control, and I would not let them get away with it.
I'd be mad enough at this abuse to cash out my 401K and nail them good.