Man Arrested for Stolen Magazines
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earlthegoat2
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They do if they are from the first AWB days.
Colt Ar-15s still have the little "For LE and Military Only" marked right on the receiver of all their rifles. Nothing illegal about it but I bet it sells more rifles.
cassandrasdaddy - I think you miss a point here. We're not, or at least I'm not saying the cops did anything technically illegal.
However, random stops and searches are violations of the 4th amendment regardless of the legality. We just may not be able to do anything about them at the moment. That doesn't make them morally right or constitutional, merely legal. There is a difference, and some of us are pointing it out. At least that's what I got out of jimmyraythomason's post.
jimmyraythomason please correct me if I'm wrong, and that's not what you were trying to say. I stand beside it regardless.
As to the mags themselves there are 2 possibilities. One, he stole them from his unit or 2 he didn't. We don't have enough information to decide right now. The real issue is did the LEO on site have enough to make a reasonable judgment that the mags were stolen. If he went strictly off the markings then the LEO is in for a rude awakening. If the drunk dude admitted something or there were other reasons for the LEO to believe the mags were stolen, and they were then I hope he gets the max. Oh wait, except for that whole it happened during an unconstitutional search in which case it all becomes inadmissible, and he should walk.
Boy what a mess for 100 bucks worth of magazines.
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However, random stops and searches are violations of the 4th amendment regardless of the legality. We just may not be able to do anything about them at the moment. That doesn't make them morally right or constitutional, merely legal. There is a difference, and some of us are pointing it out. At least that's what I got out of jimmyraythomason's post.
jimmyraythomason please correct me if I'm wrong, and that's not what you were trying to say. I stand beside it regardless.
As to the mags themselves there are 2 possibilities. One, he stole them from his unit or 2 he didn't. We don't have enough information to decide right now. The real issue is did the LEO on site have enough to make a reasonable judgment that the mags were stolen. If he went strictly off the markings then the LEO is in for a rude awakening. If the drunk dude admitted something or there were other reasons for the LEO to believe the mags were stolen, and they were then I hope he gets the max. Oh wait, except for that whole it happened during an unconstitutional search in which case it all becomes inadmissible, and he should walk.
Boy what a mess for 100 bucks worth of magazines.
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jimmyraythomason
Member
That is exactly what I'm saying,danprkr. LEO often violate our rights in the name of safety but you deal with it in court after the fact not on the side of the road. A few years ago when my son-in-law was in the police academy,I treated the family to dinner out. When my s-i-l arrived I asked him what they had studied that day. His response; HOW TO GET AROUND THE 4th AMENDMENT.
SharpsDressedMan
member
As a cop, I always asked myself, "Do I have real probable cause here", when I made an arrest. If I didn't, I didn't arrest. It always worked well for me. Never had a bad arrest, always gave the benefit of doubt. Figured if the guy was dirty, we'd get him on something GOOD on another day............I guess they don't operate that way anymore.....
That marking was required by the now defunct AWB; it has no meaning now as far as federal law goes, and I don't think there is any state law about possession. The cops are just over-reacting. At one time, police and federal agents tried to arrest everyone with a .45 pistol marked "U.S.Property" for possessing stolen government property. They got their fannies kicked in court when defense attorneys proved that the government had sold thousands of those guns and kept no records.
Jim
Jim
TheFallGuy
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I bet this guy probably incriminated himself while drunk. People do stupid things while drunk which is why we aren't supposed to drive drunk. Guys like to brag when drunk. This guy probably whipped out his military ID to get out of a jam like a lot of us have. The LEO probably asked him about his service and he went on to talk about where he got the mags. We don't have enough details here to make a judgement call.
As any cop who has been on the job for more then a day will tell you, people often incriminate themselves without much prodding. A good cop knows will just sit back and LISTEN and then ask for the story again to see if it is consistent. We have the right to be silent but as a people we seldom use it.
As for the mags, if he did take them from the military, he is an idiot. If you have been in the service, you know what these things go through and they get abused and used. What does a Pmag cost? $20 or so? Versus theft charges and trial, and a better mag in better shape. Tough call...
As any cop who has been on the job for more then a day will tell you, people often incriminate themselves without much prodding. A good cop knows will just sit back and LISTEN and then ask for the story again to see if it is consistent. We have the right to be silent but as a people we seldom use it.
As for the mags, if he did take them from the military, he is an idiot. If you have been in the service, you know what these things go through and they get abused and used. What does a Pmag cost? $20 or so? Versus theft charges and trial, and a better mag in better shape. Tough call...
divemedic
Member
Terry is not as wide reaching as you think.
Flyboy
Member
So were treating blacks as property (Dred Scott) and "separate but equal" (Plessy).
Just because the nine tin Jesuses said so, don't make it right. It's the law for now, but that's a long way from being right.
armoredman
Member
I have one mag for my P01 marked "law enforcement only". The incredible thing is there were no LE at that time issuing P01/PCR/Compacts, so it is one of maybe 5 mags marked that way before the ban ended.
Legal as church on any day of the week to own out here in AZ, does Nebraska specifically bar possession of marked magazines by statute?
Legal as church on any day of the week to own out here in AZ, does Nebraska specifically bar possession of marked magazines by statute?
Zach S
Member
Have you ever watched COPS? Its amazing at how many people dont care about their rights and say "sure, go ahead" when a LEO asks to search the vehicle. A lot of these folks are sober. The guy in the news story was not.
BHP FAN
Member
Heck,they're on sale THIS VERY MINUTE over at CDNN Sports.
doc2rn
Member
Easy fix he bought them at a dermo sale.
He bought them when he was serving and lost one so he bought extras
He wanted to practice with same thing he would be using if he went to the academy
Sounds like they just wanted to keep his weapons
He bought them when he was serving and lost one so he bought extras
He wanted to practice with same thing he would be using if he went to the academy
Sounds like they just wanted to keep his weapons
Omaha-BeenGlockin
Member
They do this every year --"to stem the flow of illegal fireworks(bottle rockets) from Missouri"---what a joke. Basically make an example of one guy in the hopes nobody else does it.
Most of em go to Omaha--up I-29(Iowa) then to I-80 into Omaha----will be a cold day in hell if they ever set up a check point on the I80 bridge---the public outrage would be swift and sure.
Most of em go to Omaha--up I-29(Iowa) then to I-80 into Omaha----will be a cold day in hell if they ever set up a check point on the I80 bridge---the public outrage would be swift and sure.
I figured that was implied in my post when I said
You're right though if he gave permission for the search then he skrood himself. People do that ALL THE TIME - I had a 'tenant' once that had to go all the way through the 3 month process of eviction to get her out. With 3 months notice that it was coming she still had crack in the apartment when I showed up with the constable for the forcible eviction.
So, it is perfectly believable that he said something stupid. However, he should not have been being checked in the first place which is what bothers me about the whole affair.-
runrabbitrun
member
Same here. These road side 'check points' are unconstitutional IMHO.
It reminds me of Nazi Germany and it is very unsettling
to see it going on here in the US of A.
JohnBT
Member
"It reminds me of Nazi Germany."
What years did you live in Nazi Germany?
John
What years did you live in Nazi Germany?
John
John Wayne
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Mags marked "LE/Gov't. Use Only" can still be purchased at PX stations on military bases. They're available for the M9 and M-16 (obviously), and are dirt cheap because they're made by the lowest bidder. The last one I saw was an M9 mag marked this way, but with a 2005 manufacturing date stamped on it. This leads me to believe it's not so much a capacity issue as it is something to mark government property.
logjam
Member
Years ago I was burglarized and lost over a dozen fine guns. The perp was caught on his way to LA to sell his ill gotten gains. I asked the cops what had happened to my guns. They said, "Gee, we don't know".
Of what relevance is the answer to your question? I personally never lived in Nazi Germany, but have this mysterious power to read and comprehend history so don't have to have lived in Nazi Germany to understand what happened there and see how it is similar or not to current situations.
cassandrasdaddy
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so that was a rather long "never"?
alemonkey
Member
Regarding the checkpoint, Auburn is in the southeastern corner of Nebraska, right next to the Missouri border. Missouri is the mecca for illegal (in other states) fireworks...M80's, bottle rockets, etc. Just across the border there are huge fireworks stands selling anything you could want. The State Patrol sets up check points every year around the 4th and searches cars coming across the border from Missouri. I think it's a ridiculous and unconstitutional waste of law enforcement resources, but anyone who drives drunk from Missouri to Nebraska this time of year is a class A idiot.
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