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TacGuy911

Probably gonna be put on walking post for sticking up for fellow gun enthusiast..

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Just thought I would put it out there.. Had a job come in.. Possible burglary attempt (in progress)... Guy heard someone in yard and heard noises at the back door and window.. Called 911 and stated he heard someone in the yard and thinks they are trying to break.. Dispatch sent numerous officers on the call.. Caller states that he (the homeowner) is armed with a handgun and just wanted officers coming to be aware of it.. We get on scene and it was not a burglary or anything of the sort... Just a local drunk who was already passed out when we got there.. So here is the summed up version of the convo

 

Sgt: Ok, where is the drunk

 

Me: They are loading him into the ambulance now..

 

Sgt: Ok.. Where is the homeowner

 

Me: Inside

 

Sgt: Ok.. He said he had a handgun.. Where is it and did we check all paperwork..

 

Me: (laughing) Are you serious?

 

Sgt: What's funny? Get the paperwork.. I want to make sure the gun is legal..

 

Me: Where is there reason to believe the gun is not legal? The guy informed us he had it and was protecting his family inside and NEVER EVEN SHOWED THE GUN!! Last time I checked criminals don't tell cops about their illegal guns...(smart a** voice)

 

Sgt: I want to make sure the gun is legal

 

All the while the homeowner was only a few rooms down with other Officers giving info for the report.. Homeowner must have heard and ran upstairs and got all of his paperwork.. He went to give it to me and I said "I don't need to see that" and walked away.. The Sgt. ended up looking it over and was highly upset with my behavior.. So...I have this strong feeling that I will be on the walking post lol.. Just thought I would share the story.. The only good thing is that EVERY officer that I have spoken with said they would have done exactly what I did.. Just annoying when you get the one dope who is somehow your boss lol...

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Good for you.

 

Typical though that someone was trying to make a criminal out of the victim. As long as the home owner never left the house, any "investigation" into the gun in the home is a CLEAR 4th amendment violation. Unless there was a reason to suspect the home owner of something illegal, the Sergeant was WAY out of bounds on his behavior.

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Even if there was NO "paper work" it doesn't mean it was an illegal gun. Having all the homeowners stats thay could have run his ID and see if he was an eligible person. That's all that needed to be done if at all.

 

#1 The sargent doesn't know the law and #2 is probably too damned lazy to run a check on the home owner if he had any reason to believe it was necessary.

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You need anything at all let me know and I'll do my best to help out. If you are ever willing to say the name of the Sgt. and PD he works for I would personally help spearhead the **** storm that he deserves. It's nice to know that there are a few good people out there with a badge, to bad you are risking losing that badge by being one though.

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If the homeowner had inherited that handgun before registration rules went into effect (whenever that was) would he be required to have any paperwork to show it is his? Would he need to have an FID card? If he wasn't purchasing ammo or other guns I see no reason for him to have an FID. At that point, all the police should care about it that he is not an illeligble person (ex-con or such). That Sgt is the type of cop we all detest. Good for the OP for what he did, but now he'll have to deal with the butt-hole above him, good luck.

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If the homeowner had inherited that handgun before registration rules went into effect (whenever that was) would he be required to have any paperwork to show it is his? Would he need to have an FID card? If he wasn't purchasing ammo or other guns I see no reason for him to have an FID. At that point, all the police should care about it that he is not an illeligble person (ex-con or such). That Sgt is the type of cop we all detest. Good for the OP for what he did, but now he'll have to deal with the butt-hole above him, good luck.

 

There is no mandatory registration. If this was me I would be screwed as I moved to NJ from Colorado with NJ compliant weapons and have no paper work at all for them. This **** boils my blood, I really really hope that this sgt's name gets out. This guy is a monster and anyone that could love him is just as bad, it is people like this that are the poison of society.

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Perhaps some of the more lawyerly inclined can correct me, but since there was no crime permitted in the house the fact the cops were allowed in the house is purely a courtesy and they have no leg to stand on when it comes to doing any "searches" what-so-ever, right? So the owner was purely in his right to refuse to show the Sgt. anything regarding the gun if he chose.

 

TacGuy911 good for you for actually knowing and following a citizen's rights.

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There is no registration for handguns in NJ so what paper work did he want to see? Permit to Purchase a Handgun? What if he moved from out of state or inherited it? A PTPH is just that, it allows you can purchase a handgun. You have kept your oath to enforce the law, not make your own laws. Even an FID is a permit to purchase rifles and shotguns and to transport them.

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If he bought it with a pistol permit, wouldn't the local police have a copy on file?

 

Yes, but that's not the point. Many, many legal handguns in NJ have no "paperwork", and the Sgt had no reasonable articulable suspicion for any kind of inquiry or search which constitutes a 4th amendment violation.

 

Adios,

 

Pizza Bob

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The Sgt asking for the gun "paperwork" is like asking to see the receipts for their flat screen TV sitting in their living room to make sure it is not stolen. Absurd. Unless the homeowner who volunteered the information that he had a HG was a known to be prohibited person, there is no legal leg to stand on in this instance that I could think of.

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i probably would have said "I ain't showing you shiitt, get the hell out of my house!" And if i get handcuffed and dragged out of my house,I'd imagine a lot of lawyers wanting to represent me for a big payday.

 

Personally, I would be polite about it, but firm that he has no right to ask for anything. If he became a dick afterwards then perhaps I would too, but no point in starting off as the dick.

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Personally, I would be polite about it, but firm that he has no right to ask for anything. If he became a dick afterwards then perhaps I would too, but no point in starting off as the dick.

Sure, but if I was just in a stressful situation, and my blood is boiling, heart rate elevated, I would not be in the mood for BS like that. When that happens, stuff just comes out of my mouth. i lose what little filter i have.

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I may be taking a risk here with my opinion but here it goes. As a fellow LEO what I would have done is after subject was loaded into the bus I would have taken the homeowner aside and verified the firearm to be legal. While I am not looking to jam a fellow gun owner up I will surely cover my own a** since the firearm was mentioned on a taped line. If he has his papers great. If not I would check back at HQ. I find, with me anyway, it's when I don't check is when it comes back and bites me in the a**.

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I may be taking a risk here with my opinion but here it goes. As a fellow LEO what I would have done is after subject was loaded into the bus I would have taken the homeowner aside and verified the firearm to be legal. While I am not looking to jam a fellow gun owner up I will surely cover my own a** since the firearm was mentioned on a taped line. If he has his papers great. If not I would check back at HQ. I find, with me anyway, it's when I don't check is when it comes back and bites me in the a**.

i think the issue is why it even has to come up just because the caller mentions it. If the caller had said "i have a knife to protect myself if he gets in", will the sgt ask to see the knife to make sure it wasn't one of the banned knives?

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I may be taking a risk here with my opinion but here it goes. As a fellow LEO what I would have done is after subject was loaded into the bus I would have taken the homeowner aside and verified the firearm to be legal. While I am not looking to jam a fellow gun owner up I will surely cover my own a** since the firearm was mentioned on a taped line. If he has his papers great. If not I would check back at HQ. I find, with me anyway, it's when I don't check is when it comes back and bites me in the a**.

 

Do you search vehicles you pull over for speeding just in case they have something illegal in the car to cover your own a**? What if you pull over a car and don't search it what if they go on to do something illegal?

 

Shame on you for not upholding the Constitution of the United States. You sir are part of the problem.

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