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· Token Liberal Hippie
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13,696 Posts
Discussion Starter · #1 ·
I got pulled over for speeding (51 in a 45) tonight and had my pistol sitting on the seat next to me. Unfortunately, I did not have my GFL with me (just grabbed my DL and some cash to go to Subway, not thinking that the gun was in the car).

The officer asked me if I was carrying any weapons or anything in the car and I told him about the pistol, at which point he asked me if it was loaded and if I had my "pistol permit" (his words) with me.

I said yes, it's loaded, and no, I don't have my permit on me, I left it in my wallet.

He then replied that I was breaking the law and asked me to please step out of the vehicle. He took my pistol out of the car, cleared it, and set it on the hood.

He then proceeded to tell me that without a "pistol permit" I was not allowed to carry a loaded weapon in my car, and that if I wished to have my pistol loaded in the car with me, I needed my permit.

I asked him politely to please review the code sections that explicitly permit a LOADED handgun in a vehicle without a license and directed him to GA Code 16-11-126.

He thumbed through his "pocket code" and found the section, read it aloud, and said, "Well, I guess you're right. I didn't know that."

He placed the pistol back in the vehicle on the seat, said "I'm sorry for your trouble, just please slow down a little next time" and told me I was free to go.

I asked him to please share his newfound knowledge of the code with his fellow officers and he said he'd be sure to.



Lessons learned:

1) ALWAYS have your GFL with you.

2) The police appreciate those who are honest, forthcoming, and polite.

3) Slow the hell down.

4) If you know the law, you've got one step up on those who don't.

5) Not all LEOs know the law.







forgot to mention, he was a rookie cop, I know most of them and I'd never seen him before.
 

· Token Liberal Hippie
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13,696 Posts
Discussion Starter · #2 ·
I also just emailed the Sboro Chief of Police with the details of the stop, and described what happened, and asked him to please make sure his department is aware of that section of the code.
 

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He stopped you for 51 in a 45? I wonder if he is also unaware that you cannot be legally issued a citation for only speeding less than 10 mph in excess of the posted speed limit. (I may look for the code section later if I can't sleep) Speeding in that range (1-9mph over) only gives them probable cause to stop you and look for another crime e.g. DUI. It's not a chargeable offense 8)
 

· Token Liberal Hippie
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Discussion Starter · #5 ·
Sine Nomen said:
He stopped you for 51 in a 45? I wonder if he is also unaware that you cannot be legally issued a citation for only speeding less than 10 mph in excess of the posted speed limit. (I may look for the code section later if I can't sleep) Speeding in that range (1-9mph over) only gives them probable cause to stop you and look for another crime e.g. DUI. It's not a chargeable offense 8)
At midnight in Statesboro, they were looking for DUI, I'm sure.

I'm also sure that if I hadn't been polite I'd be sitting in jail right now.
 

· Token Liberal Hippie
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13,696 Posts
Discussion Starter · #8 ·
Rammstein said:
Sine Nomen said:
He stopped you for 51 in a 45?
I see you've never been to the lovely city of Statesboro 8)
I got 52 in a 35 on Fair Rd across from Arby's and it was a $237 fine as written.

Took it to municipal, the officer couldn't remember writing me the ticket. He knew who I was but could not recall writing the ticket.

Judge dropped the charge :D
 

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I guess I'm confused here... Why would you bother to take the time to remove your driver's license and cash from your wallet...instead of just grabbing the wallet? :shock:

Never have understood why people do that...

Anyhue...good that you knew the law, and the actual code to look it up. And, good that he wasn't full of himself and refused to look. Good outcome on both sides!

And 51 in a 45? Heck...that's still going too slow round these parts... (Atlanta). 8) :lol:
 

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gsusnake said:
I'm also sure that if I hadn't been polite I'd be sitting in jail right now.
:shock: On what charge?
 

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jgullock said:
gsusnake said:
I'm also sure that if I hadn't been polite I'd be sitting in jail right now.
:shock: On what charge?
Charge?

We don' need no stinkin' charges!!!

They can lock your ass up for little, or no reason, if so inclined. Of course, the charges will be dropped in the morning. But, you'll still spend the night sharing toilet facilities with some really nice (and nice smelling!) people...

ALWAYS be polite to LEOs. They deal with some of the scum of the earth on a daily basis so the rest of us don't have to. Most of them are pretty decent but some are total A$$HATS and even the decent ones can make your life difficult if you push the wrong buttons on them.

Like gsusnake said, be polite, be educated and be polite. It doesn't cost anything but acting like a jerk can cost you time and lots of trouble.

In all the years I've been driving, I've only been stopped twice and both times I was really speeding. Both times I was going more than double the limit and both times I got off with a warning by being polite and honest.

The first time, I was doing 75 in a 35 zone and the other time... Well, let's just say a KY State Trooper told me I would have bragging rights with my buddies as he was willing to testify under oath my car was capable of doing an honest 140 mph!

Both incidents occurred in the same car. 1968 Cougar 428CJ. Cool car!
 

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Sine Nomen said:
He stopped you for 51 in a 45? I wonder if he is also unaware that you cannot be legally issued a citation for only speeding less than 10 mph in excess of the posted speed limit. (I may look for the code section later if I can't sleep) Speeding in that range (1-9mph over) only gives them probable cause to stop you and look for another crime e.g. DUI. It's not a chargeable offense 8)
The 10mph limit does not apply in marked school zones and marked residential areas. It also does not apply to the GSP.

Glad it worked out well in the end. A stop at six over is ridiculous.
 

· Romans 10:13
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4,800 Posts
gsusnake said:
I got pulled over for speeding (51 in a 45) tonight and had my pistol sitting on the seat next to me. Unfortunately, I did not have my GFL with me (just grabbed my DL and some cash to go to Subway, not thinking that the gun was in the car).

The officer asked me if I was carrying any weapons or anything in the car and I told him about the pistol, at which point he asked me if it was loaded and if I had my "pistol permit" (his words) with me.

I said yes, it's loaded, and no, I don't have my permit on me, I left it in my wallet.

He then replied that I was breaking the law and asked me to please step out of the vehicle. He took my pistol out of the car, cleared it, and set it on the hood.

He then proceeded to tell me that without a "pistol permit" I was not allowed to carry a loaded weapon in my car, and that if I wished to have my pistol loaded in the car with me, I needed my permit.

I asked him politely to please review the code sections that explicitly permit a LOADED handgun in a vehicle without a license and directed him to GA Code 16-11-126.

He thumbed through his "pocket code" and found the section, read it aloud, and said, "Well, I guess you're right. I didn't know that."

He placed the pistol back in the vehicle on the seat, said "I'm sorry for your trouble, just please slow down a little next time" and told me I was free to go.

I asked him to please share his newfound knowledge of the code with his fellow officers and he said he'd be sure to.

Lessons learned:

1) ALWAYS have your GFL with you.

2) The police appreciate those who are honest, forthcoming, and polite.

3) Slow the hell down.

4) If you know the law, you've got one step up on those who don't.

5) Not all LEOs know the law.

forgot to mention, he was a rookie cop, I know most of them and I'd never seen him before.
Nice job of educating and a good job on the LEO's part of taking the time to look it up.
 

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gsusnake said:
...The officer asked me if I was carrying any weapons or anything in the car...
Why do cops ask this and why should I answer it? I won't lie but I also don't want to answer the question as it has nothing to do with the speeding charge/roadblock/etc...

I'm not interested in a cop taking my gun, clearing it, running the serial numbers, etc, and possibly locking me up because he doesn't know the law.
 

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iwb32 said:
gsusnake said:
...The officer asked me if I was carrying any weapons or anything in the car...
Why do cops ask this and why should I answer it? I won't lie but I also don't want to answer the question as it has nothing to do with the speeding charge/roadblock/etc...

I'm not interested in a cop taking my gun, clearing it, running the serial numbers, etc, and possibly locking me up because he doesn't know the law.
Fishing (for criminals). LEOs ask this stuff to either catch you in a lie or see if you will slip up and admit to committing a crime.

It is fishing because the LEO cannot see anything wrong, he can either fish right below in the clear water, or throw the line far out to the unseen areas and see if he gets a bite.

If you bite and answer questions/consent to a search and you are doing nothing wrong, the LEO usually lets you go. However if you are breaking a serious enough law, the LEO will keep you.
 

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Gunstar1 said:
iwb32 said:
gsusnake said:
...The officer asked me if I was carrying any weapons or anything in the car...
Why do cops ask this and why should I answer it? I won't lie but I also don't want to answer the question as it has nothing to do with the speeding charge/roadblock/etc...

I'm not interested in a cop taking my gun, clearing it, running the serial numbers, etc, and possibly locking me up because he doesn't know the law.
Fishing (for criminals). LEOs ask this stuff to either catch you in a lie or see if you will slip up and admit to committing a crime.

It is fishing because the LEO cannot see anything wrong, he can either fish right below in the clear water, or throw the line far out to the unseen areas and see if he gets a bite.

If you bite and answer questions/consent to a search and you are doing nothing wrong, the LEO usually lets you go. However if you are breaking a serious enough law, the LEO will keep you.
So how do you dodge the question in a manner not inviting of more problems.
 
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