Am I Screwed?

[FlyingDoc]

I have already talked to my recruiter, and I am signed up to take the ASTB in a few weeks.... but yesterday I had a catastrophic event.

I was coming back from the pistol range and I was pulled over for speeding (61 in a 55). The police officer asked if I had any weapons or drugs in my vehicle, and I told him that I had my two pistols. Now, I have a Dodge Dakota pick-up truck, so I wasn't going to put my weapons in the bed. I had them in the back of the cab, behind the passenger seat, on the floor inside a tackle box. The weapons were not loaded, but they were not locked either. And I had ammo with them.

This is a major violation apparently. I was not arrested on the spot, but my weapons were confiscated, and I have been given a summons to court.

I am a member of the NRA, so I am going to contact them and get a lawyer through them, my father said they are good for this sort of thing; but I just dont know....

Am I screwed? I really dont see any problem with what I have done and I am really scared of what this could do to my record. How would a selection board view this? I just have this gut feeling that nothing good can come of this.

Anyone have an idea of how this can affect me?

 

[flynhi]

My advise is to definitely attain a lawyer. I had a traffic violation last year where the cops said I was racing...a BIG No-No. I wasn't racing at all because I came around a corner (one lane road) at night too fast and ran into a guard rail. None of us had been drinking. Just because I was following some friends and had a couple of friends with me, the cops decided to say I was racing. Didn't even give a ticket to the friend I was following. Let's see, I thought it took at least 2 cars for it to be considered racing. The bottom line is get the attorney. I did and he got me out of the racing conviction.

 

[The Chief]

From what you have said, it appears you were set up leaving the pistol range. 6 miles over the speed limit, and the police ask you if you have weapons?

I have a similar story from New York, upstate.

NRA yes, but you must, must, must have a lawyer with you when you go to court. You also need something to show you were at the range.

If the weapons were legal, you have no criminal background, you left range a reasonable time prior to being apprehended and use of the range by you was legal, in my lay view of the world, you will be ok if you are defended by a competent lawyer.

Good Luck.

 

[FlyingDoc]

I have the reciept for my range time... well, the police have it. The confiscated everything in my tackle box. I can go to the range and get a copy of this form we must fill out that htey use for charging time. I was maybe 3 miles from the range heading home. It was 615 at night, I had just gone to shoot a few hundred rounds after work.

My father called a lawyer for me, and the lawyer is hopeful that he can talk to the DA and have everything dropped before it even goes to court. I am worried about my weapons though. I didn't recieve anything official stating that the police took my weapons, when I asked about it, they were just like "It will be in the report." And my weapons are still dirty, bad ju-ju.

Does anyone know how this will affect my application to be an officer? What about security?

I was going 6mph over the limit, but I volunteered info on my weapons. Stupid me trying to be honest.

 

[ben]

You should be fine...

I'm not an attorney, but I would think you are fine. Here in TX it's legal to carry weapons in your car if they are not concealed. To me, a weapon in a case is not "concealed." It's not like you kept a loaded pistol in the glovebox "just in case." I would imagine that any attorney you hire can get you out of this. I like that cops are here to fight crime and all, but it's stories such as this one that really piss me off. If this happened to me, I would be doing all I could to make the cop who pulled me over regret it (of course, in a legal way like filing a complaint with his boss).


Edit -
Forgot to answer the question. I seriously doubt that you'd see any effect either way on your application. They ask about your criminal record, but unless you are charged with something I wouldn't worry about it. Your recruiter will be able to give you a good perspective about what to expect. Good luck.

 

[The Chief]

Your honesty saved the day. It always does, sometime hard, but the only way.

Lets play a what "if": Lets say you decided to lie. It is clear someone tipped the police when you left the range. Most range usage in my area is by police. The police that pulled you over was hoping you would say "No" to the question for guns. He then had probable cause to search the car, based on tip and a weapon, and when he found it, not only did you have a weapon, two in fact, and you lied about it. You would have been in deep deep doo doo.

I think you are fine. I see no reason why it would affect your Navy career, even a TS/SCI clearance based on what you have told us. But you do need to clear up the matter, hiring a lawyer if the DA does not drop the charges.

Keep in touch.

Now my story: I was in Upstate NY for a week long convention. Part of our briefing was by the Empire States Finest. They: "All you southern boys up here should know we have strict gun laws. Do any of you have guns? If you do, we will take them voluntarily and give them back to you just before you depart for home." I gave them my prized PPK. Well, when I was ready to leave, no one know anything about it. I stayed over 5 days trying to get it back. Never did. Some NY cop has a very nice PPK, now.

 

[FlyingDoc]

Thanks for the help guys, it is very encouraging to hear that I should be ok.

Chief: I will be VERY VERY angry if I never get my weapons back. I had my father's 1911, while old, it was nice. And I also had a brand new Sig 226. I will not stop until I get them back.

 

[ben]

I seriously wonder why they took your guns anyway - do you look like a criminal? :watching3

 

[JKD]

Asked a friend, a good lawyer will be able to have it thrown out because going 6 miles an hour over the speed limit is not just cause for A.)pulling you over, and B.)searching your vehicle.

Not to get into a big debate here but...

A.) One mile over the speed limit is a valid stop, so long as the officer can show he routinely stops vehicles in that range (can be proved with warning ticket records). Some judges and most juries would not like it, but it would stand with a judge.

B.) The officer didn't search the vehicle. He asked a question which lead to disclosure of a violation. Had the driver not declared the weapons, the officer would need probable cause to search the vehicle. Like someone has mentioned, if the officer had a tip or saw the vehicle leave the range, this would have been enough to search the vehicle (and catch the driver in a lie).

Gun laws vary greatly from state to state. The local laws will factor in, but you should be OK. Worse case I can see is probation for a year than off your record if nothing happens in the year. And that is only if your state laws are very stringent and the DA wants to be a pain.

That's my uneducated opinion as a volunteer for the local Sheriff's Department and part time Deputy.

And I agree with everyone that you need an attorney!

 

[Sea Lawyer]

JKD's analysis is pretty much right on the money.

 

[wink]

Last two comments on the legal issues seem right on to me. I too am a Sheriff's Office volunteer officer. As to the issue of how it would affect your application...it absolutely will!. Most traffic violations in moderation are not a problem. A weapons conviction, even a misdemeanor, could be a deal breaker. It is simply way too competitive these days. If you beat the rap don't worry about it. Make sure you come clean on the app. It will ask you about arrests and criminal charges. Even if not convicted, you have to mention it. As long as you get the aquital, you are ok.
25 years ago I was convicted of reckless flying by a small town muni court while I had an app in for (A)OCS. It is a long and interesting story. Actually some interesting questions about juridiction and the constitutionality of the ordinances. I had represented myself since the charges were so insane. I don't recommend that. The long and short of it is the conviction was overturned on appeal. The Navy was not happy with the conviction and it was looking like it was going to get me rejected. They held off for the appellate decision. When it was overturned they selected me. Keep in mind, 25 years ago we were building a 600 ship Navy and going toe to toe with the cold war Ruskies. Today, I may not have been selected.

 

[Integer1]

"Most traffic violations --in moderation-- are not a problem."

Am I the only one who found that funny coming from a serious guy like Wink?

 

[Slammer2]

Good luck with that. Let us know how it turns out.

Slammer

 

[FlyingDoc]

Good luck with that. Let us know how it turns out.

Slammer

Hey guys,

I appreciate the support and encouragement that everyone has shown, so I'd like to give an update. I got a lawyer and explained everything to him. I have my weapons back now, and I won't have charges filed against me. My lawyer is also pressing for a written apology from the police dept. just in case I need to explain this to the Navy. Again, thanks everyone.

 

[Slammer2]

Glad to hear it turned out ok!!! Congrats on that. :icon_zbee