Confiscated;Bloomington PD refuses to accept Permit to Carry

[joseph7]

To clarify a few things:

1) it occurred at nighttime in my Denali suv (you can imagine how high up this sits), and the handgun was pointed at the glove box area, so below the windowline. We weren't in a converitble here or hand our windows down or something to that extent.

2) the officer who initially made the stop was unmarked at several more marked units came immediately out of nowhere

3) I fully understand that it was my weapon and I allowed someone whom I've known for years to be an avid hunter and gun user to handle it. Ignorance is never an excuse, I should have cleared the weapon as I did and stowed it in my console box without him touching it, but I assumed he would have known better. It was stupid on my part, i get that, but I wouldn't call me dangerous to myself and others around me. Afterall, I was in the act of being increibly cautious, being that I didn't want to consume even a small amount of alcohol around my firearm and was careful enough to clear my firearm before locking it away and separate from a magazine.

4) no charges were filed.

5) I don't post looking for redicule; I'm respectfully looking for intelligent commentary from those with some actual insight. And yes, that is the whole story, how can one expect sound advice from an unsound foundational question?

Thanks to those who have posted helpful opinions, by the way.

[EllisW]

#4 is where you got lucky. FTP and all that, but you shouldn't try and make anything out of this. Jump through the hoops and hope they don't charge you, because you were 100% in the wrong.

[selurcspi]

To clarify a few things:

1) it occurred at nighttime in my Denali suv (you can imagine how high up this sits), and the handgun was pointed at the glove box area, so below the windowline. We weren't in a converitble here or hand our windows down or something to that extent.

2) the officer who initially made the stop was unmarked at several more marked units came immediately out of nowhere

3) I fully understand that it was my weapon and I allowed someone whom I've known for years to be an avid hunter and gun user to handle it. Ignorance is never an excuse, I should have cleared the weapon as I did and stowed it in my console box without him touching it, but I assumed he would have known better. It was stupid on my part, i get that, but I wouldn't call me dangerous to myself and others around me. Afterall, I was in the act of being increibly cautious, being that I didn't want to consume even a small amount of alcohol around my firearm and was careful enough to clear my firearm before locking it away and separate from a magazine.

4) no charges were filed.

5) I don't post looking for redicule; I'm respectfully looking for intelligent commentary from those with some actual insight. And yes, that is the whole story, how can one expect sound advice from an unsound foundational question?

Thanks to those who have posted helpful opinions, by the way.

Joseph7,

TMAN was not ridiculing you; he is actually an LEO and is giving you a professional opinion.

The fact that there were no charges doesn't mean much, as charges can be brought at a later date if the City Attorney wishes.

My previous advice still stands, call Mark Berris, and an additional piece of advice would be to stop posting about this until everything is cleared up.
If you want to see how wrong things could go, look up the threads on JRs case in Minneapolis, admittedly he was much more blatant about case, but……

[jgalt]

Handling or displaying a weapon in a operating vehicle could probably get you cited under either of these two city ordinances:

(e)The reckless handling or use of a dangerous weapon so as to endanger the safety of another.
(h)The aiming of any dangerous weapon, whether loaded or not, at or toward any human being.

Were cars in front of you or to the side? Your friend activated the laser which probably violated a boatload of other statutes.

Based on the information given, there is no way (e) could apply - it was unloaded, so there was no possibility of endangering another. Re: (h), wouldn't proof that the firearm was in fact aimed at a human be required?

I'm not taking issue with either quoted statute, just their applicability to this situation...

[1000]

[gyrfalcon]

Based on the information given, there is no way (e) could apply - it was unloaded, so there was no possibility of endangering another. Re: (h), wouldn't proof that the firearm was in fact aimed at a human be required?

You might make a good defense attorney, but the prosecutor would take both of those and apply them to a case quite well....

"So you're saying you UNLOADED the firearm in a vehicle while it was being operated?"
(sheepish) "yes.."
"Were you the person operating the vehicle at that time?"
(sheepish) "yes.."
"Your honor I believe that constitutes the wreckless handling of a dangerous weapon. In addition the ____ actions of the defendant also show a disregard for the public's saftey, and as officers ____ testimony reflects, he did see them waving the firearm around. "

[jgalt]

Based on the information given, there is no way (e) could apply - it was unloaded, so there was no possibility of endangering another. Re: (h), wouldn't proof that the firearm was in fact aimed at a human be required?

You might make a good defense attorney, but the prosecutor would take both of those and apply them to a case quite well....

"So you're saying you UNLOADED the firearm in a vehicle while it was being operated?"
(sheepish) "yes.."
"Were you the person operating the vehicle at that time?"
(sheepish) "yes.."
"Your honor I believe that constitutes the wreckless handling of a dangerous weapon. In addition the ____ actions of the defendant also show a disregard for the public's saftey, and as officers ____ testimony reflects, he did see them waving the firearm around. "

I've got no doubt the scenario could play out as you state. I'm under no illusions that the rule of law holds any sway anymore - assuming it ever did...

[farmerj]

There should be a sticky placed in the forum somewhere....

"So I am in a pickle with the cops over my permit, a gun or anything related to the two......"

What should I do?

Shut up and Lawyer up...
Mark Berris
http://www.berrislaw.com/berris.html

Brian Toder
http://www.chestnutcambronne.com/bio_btoder.html

Terry Duggins
http://www.lawinfo.com/leadcounsel-lawy ... inal-1201/

Who was your instructor? They should have made this blatantly clear to you in class. If not, go talk to them.

Anything you say WILL be used against you in a court of law and regardless of what you think, IS discoverable evidence when posted on any internet location.

With a link to this...




This is not meant in anyway to ignore that you have an issue. Just that these ARE serious matters and the less you speak in public, the better it is for your lawyer to work with you. It does not matter what the story is. The reason behind the situation or how much the cops are being dinks about something.

After all, they have a word for people who can't shut up until their lawyer shows up.....

Convict.

[timwarner]

I'm not sure why people don't get the point. If it involves a firearm, shut up, don't post, and lawyer up.
Posting on a forum for advice about firearm law, is like asking the homeless guy on the street corner for financial advice.

If it went down as you said, and IF it was written up the same way, IF you get a lawyer to straighten everything out, you might be ok.
IF you continue to pester the PD, there may be charges filed. Get the lawyer, I've heard Burris is good. They know what to do.
You were in the wrong, they don't have to file right away, but may be more inclined if they decide you're being a nuisance.

[rtk]

The incident happened in Minneapolis but Bloomington P.D. ended up with gun? That just doesn't make any sense.

[tman]

The incident happened in Minneapolis but Bloomington P.D. ended up with gun? That just doesn't make any sense.

There are state funded patrol shifts (HEAT, Safe and Sober, and Click-it-or-Ticket for example) that are multi-jurisdictional.

There are also multi-jurisdictional task forces (Gang Strike Force anyone?), so this doesn't make me concerned at all....

[TH3180]

Posting on a forum for advice about firearm law, is like asking the homeless guy on the street corner for financial advice.

Classic right there. I will be using this quote in the future.

[timwarner]

Posting on a forum for advice about firearm law, is like asking the homeless guy on the street corner for financial advice.

Classic right there. I will be using this quote in the future.

Just keepin **** real.
thanks for logging in today.

[traveler]

… there is no way (e) could apply - it was unloaded, so there was no possibility of endangering another. Re: (h), wouldn't proof that the firearm was in fact aimed at a human be required?

I have been taught since I was a toddler that there is no such thing as an unloaded firearm. Maybe my father, brother, and a whole line of instructors were wrong.

[ttousi]

Marc Berris