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January 20, 2014
From the Files of Police Squad: No CCWs Allowed?I was going to lead yesterday's gun thread with this story, but after I posted my Lone Survivor review, the gun thread became a casualty of honey-do list prioritization. You probably know the basics by now: a Florida resident and CCW holder named John Filippidis was traveling down I-95 on the way home from New Jersey, when he was pulled over and his car was rifled through by Maryland law enforcement officers looking for the gun in his safe in Florida. Filippidis keeps his gun — a palm-sized Kel-Tec .38 semiautomatic, barely larger than a smartphone in a protective case — in one of two places, always: in the right-hand pocket of his jeans, or in the safe at home. He's right about this on both counts, apparently. Before getting to some of the other issues with this incident, let's look at the relevant federal statute, 18 U.S.C. § 926A, Interstate Transportation of Firearms, which reads as follows: Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. The article makes no mention of whether Mr. Filippidis has a New Jersey gun permit, but New Jersey does not recognize his Florida permit. Presuming he is only licensed in Florida, had he been transporting his pistol from New Jersey, where he wasn't licensed, to Florida, where he is, he would not have been shielded from Maryland's unlawful possession of firearms statutes by the federal interstate transportation law. If he wasn't licensed in New Jersey, he made the right choice in leaving his gun at home. It would've helped even more if he'd informed his wife of this fact. ... Retreating to the space between the SUV and the unmarked car, the officer orders John to hook his thumbs behind his back and spread his feet. “You own a gun,” the officer says. “Where is it?” His wife made one of the classic mistakes. Never, ever volunteer information to the police, especially when you're just guessing. My father is a Sheriff's investigator; he'd tell you the same thing. And look at the two places she said the pistol might be ... the glove box or the console. Those are two places the federal statute specifically does not protect in an SUV like the Filippidis family was driving. She might as well have sent the cops an engraved invitation to tear into the car. I've seen this story portrayed as "man stopped in Maryland for having a Florida CCW permit" and I keep watching to see if there's more to it. It seems like an incredible waste of law enforcement resources to stake out the Ft. McHenry Tunnel looking for CCW holders to harass, but I haven't seen a better theory yet. The Conservative Treehouse has requested the following information from the Maryland Transportation Authority Police that made the initial stop: (A) the record/incident report, outlining the initial infraction which led to the traffic stop in question – and all subsequent written documentation pertaining to the encounter/traffic stop; and This will be a very interesting story to follow. At the outset it has the feel of yet another abuse of police power. Fortunately for Filippidis, he wasn't suspected of muling drugs in New Mexico. Update: A good question from Bomber in the comments. I have a Florida permit. I'll spend most of the summer in and around Maryland. I am very interested in how they knew the guy even had a permit in the first place. More from The Conservative Treehouse: Maryland State has a network of technical security databases which access the databases of all other states who comply and coordinate with them. For states who do not willfully comply, or those who are not set up to align technically, Maryland mines data from various LEO systems. | Recent Comments
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Tonight's ONT Can And Will Be Used Against You In A Court Of Law
What An Ice Boner Cafe Quick Hits Beyond the Valley of the Libs of TikTok Amazing Long Essay on the Disinformation War The National Security Deep State Is Waging Against Us by Lee Siegel at Tablet Shawn Fleetwood and Mollie Hemingway: Voter Suppression Is Very Real. It's Just That It's the Democrats Are Making Sure Republican Strongholds Don't Have Enough Ballots for All the Republican Voters. Down With The Restrict Act, a Patriot Act for Americans' Speech Rand Paul: Anthony Fauci Lied About Retiring. He's Still Working for the Government, For Protection Against an Indictment. The Treasoners Club: The Democrat Party All But Admits It Has Absorbed the Government Into It And Is Using It to Destroy Their Political Foes THE MORNING RANT: A Little Bit of Good News Search
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