Concealed Carry Permit Confiscated
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Thread: Concealed Carry Permit Confiscated

  1. Concealed Carry Permit Confiscated

    Hi all,

    First timer here and I am trying to get some information concerning an incident with the local sheriff's department in West Virginia. I had a fender bender last month where I hit a utility pole with the front corner of my vehicle in a parking lot. I backed off the pole, investigated the damage, and talked to a couple of bystanders about whether or not they thought I need to call the police because there was no damage to the utility pole. I agreed with the guys I talked to that I also didn't think there was a need to call. I forgot my phone at the house so I walked about 1000 feet back home.

    I called my insurance company, reported it, and had a rental in less than 30 minutes. The State Police came to my door and was very polite and asked me to go back to my truck to give an accident report. When we got there a couple minutes later, the local sheriff's department was on scene. To say the least and to spare all the details, they were just rude and disrespectful. I told the officer, "you get what you give". He detained me in handcuffs for 1.5 hours and told me that I wasn't going to get a ticket but now I'm getting two because of my mouth. Now I was not rude, over-bearing, or abrasive to them in any way. He was on a power trip in front of two other officers, which is why I think he did it.

    Anyway, he took my concealed carry permit because of the tickets he gave me and because I was now being charged with a misdemeanor. After he found out I was a former military EOD tech and a disabled veteran, he changed his tone and was real nice. But after 1.5 hours, he let me go and I walked back to the house...

    I would like to get any thoughts or legal recourse I may have against the sheriff's department, and whether or not I will get my permit back after my court date next month.

    thanks in advance...

    Retired Vet

  2.   
  3. Get advise from a lawyer that's the best advise a non lawyer can give you.

    Another retired Vet.

  4. I spoke with one last week, said that more than likely the court will just dismiss the ticket. Mostly due to the fact that I have, or rather had, a perfect record until that day. But I was under the impression that in order to lose a concealed permit due to a misdemeanor, it had to be an assault or domestic violence misdemeanor; not one for a traffic violation. Anyway, he also said to wait until the court dismisses the ticket and then he will file a civil rights violation against the sheriff's department for wrongful detainment, illegal search and seizure, violating my 1st amendment, yaddy yaddy blah blah..... I guess attorney's are good for some things....

  5. #4
    It is amazing to me the number of people who don't think they were rude when talking to police, yet the officer does.

    What misdemeanor did you get charged with? What state do you live in? It all sounds strange to me. Go with what you lawyer tells you.
    "Lets Be Careful Out There!"

    Ron

  6. #5
    a cop on the street hasn't the authority to confiscate your concealed carry slip.
    WARNING:
    This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence.

  7. #6
    Quote Originally Posted by RonM0710 View Post
    It is amazing to me the number of people who don't think they were rude when talking to police, yet the officer does.
    Doesn't really matter - last time I checked being rude to a police officer is not a crime.

    To the OP: don't let this one go, keep pursuing a lawsuit against the sheriff. This might be you:
    [Video] Washington Open Carrier Awarded $15k Settlement After Cop Drew Gun on Him

    Also, no license is required to open carry in West Virginia, so you can still carry your gun, just not concealed, but the sheriff did, apparently, illegally seize your permit.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  8. #7
    Be respectful to police. Saves a lot of hassel.

  9. #8
    Quote Originally Posted by cluznar View Post
    Be respectful to police. Saves a lot of hassel.
    Oh no....!

    Here we go Conrad!

  10. #9
    Quote Originally Posted by cluznar View Post
    Be respectful to police. Saves a lot of hassel.
    Is hassel anything like streusel? I love streusel! If hassel is anything like streusel why would I want to avoid it?

    Anyway...Cartman still loves you, clunzar.

    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  11. A lot of times people are amped up from the stress and and shouting etc. it's not being rude and disrespectful

    The police are not the same as when I was growing up. They are much more confrontational then they used to be.

    I live in a small town. I had a tail light that was working but flickering. He pulled me over.

    He had his gun out hidden behind his hip... Why ? I was driving just a Camry never had even a speeding ticket... I am an old guy. He yelled at me about the light. I thanked him for telling me and he muttered " assxxle" when he left.

    I forgot about it until I got my haircut. The chief goes to the same place. I told him he said he has had a lot of complaints about his attitude.... And he was a lateral transfer for a reason. Good grief

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