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So lets suppose...

In my opinion, leaving an AK in the back seat in plain view is NOT a good decision.

It's not an everyday thing, I work M-F and the few occasions I carry is for target practice. Parking lots are a no-no and if I must a t-shirt usually does the trick.

I actually fear more for myself than anybody when I carry because I don't want LEO to go LAPD on me.
 
I'm a retired GSP, and I used to get everyone out of the car. If I saw they were elderly or had small kids I wouldn't but otherwise if I had to stand in traffic so did they. Anytime someone said "I have a firearm in the vehcile" it didn't bother me. It was the idiots that I would find weapons in the pocket, waistband... ect.. I recommend keeping your hands on the steering wheel and telling the officer that you have whatever type firearm and in what location before you proceed to get your ID or insurance.
 
Oh, I try and try to get it across to that guy that hes wrong in many ways. As a matter of fact I have some GA codes I've printed out to give hime when I see him again.

The reason I posted that was to bring to light that we dont have to be doing something wrong or illegal to end up "in trouble". Sure you can exercise your right to carry an AK anywhere you want. But dont be surprised if an uneducated LEO tackles you and hauls you in for what he thinks is a crime. You may be in the right, but until you prove it you'll be sitting next to Lamont the rapist in a jail cell.
This is the US where the second ammendment is frowned upon and "innocent until proven guilty" is a joke. Tread lightly my friends. Make good decisions so we are not singled out or harrased. In my opinion, leaving an AK in the back seat in plain view is NOT a good decision.

Thank god for supervisors!! (most of the time anyway)LOL

I run in to a few hard heads here and there but most already know. I have found that being a member of GCO helps.
 
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The officer in that case admitted to having no legal or articulable reason to retrieve the gun. I have repeatedly said there has to be a reason for the officer to take any further action. It may be a small reason, but it has to be reasonable and articularable.

I am calling crap. "Reasonable and articularable" is just another way to say it is easy to make up some lie that nobody will ever be able to prove otherwise, just so that the officer can "justify" violating the rights of a private citizen. It's crossing the line. PERIOD. I doubt I know many LEOs who would agree that doing so is an abuse of power, but that's exactly what it is - plain and simple. The SCOTUS has basically ruled that an officer can get away with anything, provided the officer is creative enough to make up a lie that is "reasonable and articularable." The officers who pull this stuff, in my opinion, are more a part of the problem than the solution. It's just a small example of twisting things to suit the situation whenever the officer feels he knows what is better and more important than working within the guidelines of the job, however, an officer who will twist things just a little bit cannot be trusted not to twist something bigger.

Here's another question - is it a legal search and seizure to stop someone walking with a legally loaded and visible long gun to run the numbers? I don't think I have to show my ID as a pedestrian, so why would it be reasonable to force me to turn over my legally carried firearm if I wasn't breaking any other laws? What is the difference between walking around with a long gun and having one in your backseat?
 
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I'm a retired GSP, and I used to get everyone out of the car. If I saw they were elderly or had small kids I wouldn't but otherwise if I had to stand in traffic so did they. Anytime someone said "I have a firearm in the vehcile" it didn't bother me. It was the idiots that I would find weapons in the pocket, waistband... ect.. I recommend keeping your hands on the steering wheel and telling the officer that you have whatever type firearm and in what location before you proceed to get your ID or insurance.

I would like to respectfully apologize in advance for my bad attitude on this, but come on. "If I had to stand in traffic so did they." That sounds reasonable - if you've got to be out endangering your life in a fund raising capacity for the State, you might as well endanger the lives of a couple other people, too. As an added bonus, the extra people on the side of road serves the purpose of creating an even bigger distraction for other drivers, thereby increasing the odds some rubbernecker might wreck and maim someone else. This makes me think of the videos where officers are struck by passing vehicles you see on television. Terrible accidents, but something to consider before pulling civilians out of the car "just because".
 
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What is the difference between walking around with a long gun and having one in your backseat?

From a LEO point of view, the diff. is in your hand it poses the potential for an immediate threat to me..in the back seat you have to maneuver yourself to access it to use it against me, giving me time to react ..so the location and situation of our encounter will dictate how you are approached and interviewed until a determination of your intent is made clear.
Once your intent has been determined the contact will either intensify or become more relaxed and casual.
 
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You have no right to detain and question me in regards to my intentions if I am walking around with my rifle. Plenty of officers would probably do so anyway, but they would be violating my rights. It is perfectly legal activity in GA. That's the point, so what's the difference between that and having it in my backseat? If they can't grab me on the sidewalk to run the numbers without probable cause then how is my legal possession inside the vehicle any different? I am arguing that the stop of a pedestrian would not stand without a separate broken law or fabrication.
 
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You have no right to detain and question me in regards to my intentions if I am walking around with my rifle. Plenty of officers would probably do so anyway, but they would be violating my rights. It is perfectly legal activity in GA. That's the point, so what's the difference between that and having it in my backseat?

That depends on where you are and what you are doing....it isn't about whether I would have a "right" to detain and question you, it is about a duty to protect the public. If you are walking into the bank with it or into Kroger that is a little unusual and would give any rational person a concern as to why. If you parked on a country road and walking into a field , I would wave at you and go on by.
 
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