seized handgun

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Reasonable suspicion and articulable evidence, is alll the officer needed, there is no way to prove the cop made an error.
If the cop witnessed suspicious behavior because the OP knew he was carrying or maybe his piece was printing, that would make it a good bust.

The fact is, that since he was found with a weapon concealed, all the officer has to do is say that he saw the weapon and made the arrest. THere is no way to prove that he didn't...
 
ZeSpectre said:
To the OP....

1) I'm pretty sure you can kiss that pistol goodbye forever.
2) Lawyer up NOW!
3) Cease posting about the incident online at once (loose lips sink ships). Nothing you say online is going to do anything but hurt you in court.

What he ^ said.......
 
Some cop is already licking his lips, and planning what he's going to do with your nice weapon, after the trial is over. Louisiana is not known for it's honest cops, although it is well known for dishonest cops. Remember what happened during, and after Katrina?

EarlFH
 
Not getting your permit didn't kick you in the groin. You could have lived without it for the rest of your life. What kicked you in the groin was engaging in a criminal activity and getting caught. Good luck. Since you've just shown that you are unable to follow the firearm laws why would they give you back a firearm?

On another note you should never have shown id and admitted to having a firearm (you confessed to a crime). Rule #1 is never talk to the police, even if you have a permit, since nothing good can ever come of it for you (unless you live in a state where it required for permit holders to tell an officer they have contact with they are carrying). If they were going to arrest you for something else (were they?) then they would have found it on their own. Here is a great video by a law professor on why you should never talk to the police for those who haven't seen it or need a refresher. http://www.youtube.com/watch?v=6wXkI4t7nuc&fmt=18
 
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1) Get a lawyer.
2) Quit telling the world about your case by posting it on the internet (your lawyer will thank me for this)
3) Whether you get the gun back will probably depend on whether you're acquitted of the charge. I'm not a Louisiana lawyer, but that's my gut feeling.

Welcome to The Firing Line.
 
I went back and re-read the OP's post and I don't know what made me think he didn't have a lawyer. He apparenently does. He mentions "her" legal fees.

He just wanted to know if he'd get his Glock back, and I think the consensus of opinion here is that he probably won't. But, really good lawyers can sometimes work wonders.
 
I'm not sure he should get his gun back. Without getting into if the government should be able to restrict your right to carry he knew the law and choose to break it. Not the sharpest stick in the wood pile is he now? Probably related to the guy that shot a hole in his apartment floor with a .500 S&W from "sitting down hard on a cot" on another thread.

LK
 
No offense but the lesson learned here:

If a policeman asks you for ID:

Depending on the state that you are in and if you are walking down the street:

You can politely refuse to answer. Just say no. Its none of your businesses. Sir. Have a good night.

If you are not doing anything illegal the police have no right to harass you. Now if your shirt was splattered in blood and you have a kilo of powery white stuff. :eek:

That is another story.

But walking around downtown in any city in the US is not probable cause to be asked for an ID.
 
I'm may be mistaken, but in most states if a law enforcement officers asks you for ID you may refuse but you still are required to identify yourself at least verbally. Now you can always say that that you don't have ID because you're not driving and don't have your driver's license.

Now that being said, if an officers has some reason to believe that there is some sort of mischief afoot then they can pat you down for weapons. This is what has come to be referred to as a "Terry Stop" as a result of the Supreme Court case Terry v. Ohio.
 
"Suffice it to say I got stopped, without legitimate cause, the other night walking with my wife downtown (New Orleans)."

Your lawyer can try on the "legitimate cause" business, but the cops will say that your behavior gave them "reasonable cause" to believe you were carrying, in which case they can legitimately ask for your license.*

What might be such "behavior"? Some of the signs police look for are: nervous fiddling with your belt or trousers, bulges at the waist line that don't fit your physique, turning your body so as to keep one side away from the officer, part of a gun or holster protruding out of your clothing, something that could be a gun protruding through your clothing ("printing"), etc.

Most otherwise honest people who are carrying guns illegally give themselves away by acting suspiciously and looking guilty as hell. Oddly, criminals rarely do; they are used to illegal carry and don't have the slightest feeling of guilt about it (or much of anything else).

*The fact that you were carrying only serves to bear out that they were not engaged in random stops or profiling based on something like race.

Jim
 
The part that bothers me about the responses here is in relation to the property seized. What makes firearms such a special class of property that they must be taken away at every opportunity?. Driving without a license, even drunk, doesn't mean your car is taken away forever. It gets towed, but its still your property and can be retrieved. A gun will never be seen again , and it seems to be accepted? Wrong, wrong wrong. He owns it, he F'd up, pay the fines, do the time, but the property is still his. If its felony conviction in LA for this, unlikely IMHO, then OP should have the chance to sell his property. The state does NOT have any right to it. Seizure and forfeiture is completely out of control and must be reigned in.
 
Every state is different, but my guess is that if La requires a permit, it is a permit to OWN, a handgun, and to carry it concealed would be a variation on that permit. Failing that, and knowingly and willfully violating the law, he is in serious trouble since he shouldn't have even been able to acquire the 27 in the first place. If he owned it out of state then moved to NOLA, he gets into federal stuff about interstate trafficking...getting that back should be the least of his worries. they could be tracking the progression that Glock took from the day it left Austria as he speaks.
Since he can't legally own it, he cannot legally dispose of it to even a permitted buyer...Catch-22.

He should be thankful he doesn't live here in the PRNY, he'd be looking at 1-5 in the can for starters...
 
Why would u conceal it when open carry is legal down here?

Because open carry is an invitation for someone to cosh you on the head and take your gun.

Guns are valuable and can easily be turned into cash.
 
Because open carry is an invitation for someone to cosh you on the head and take your gun.
I open carry all the time, I don't see that as being a problem. Can you site some examples of that happening, I don't think you'll find many. It's no different than walking around wearing a gold Rolex or a diamond ring.
 
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some states require a photo id to be carried by any person over 18(wa) and louisiana is a must declare state, so by not telling he would have broken more laws.

and oc in new orleans is asking for WAYYYYYYY to much hassle from the local leo's than its worth.
 
I'm from MS and spend a lot of time in the New Orleans area. Get a good lawyer who is also VERY politically connected. New Orleans is about as corrupt as it gets. (most of Mississippi and the rest of LA. aren't much better)You have already been found guilty, just not sentenced. Right now the Judge, prosecutor, and arresting officer are playing poker to see who gets to keep your gun. You need to realize that these 3 guys are friends, they see each other every day and a conviction makes them all look good. You need someone who can take care of this behind the scenes before it sees a courtroom.
 
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