What happens to anyone possessing a pre-ban glock hi-cap magazine?

[SgtHal75]

The post to which this is responding does not say anyone was arrested.

If he was charged with “intoxicated while carrying” and went to trial and won I think it’s pretty clear he was arrested......Dont U??.....

 

[EJFudd]

simply another reason why Worcester sucks

Nothing good ever happens in a Hookah bar in Worcester late at night.

 

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Cops are a**h***s. All of them.

Thanks for providing one more data point.

The only question I really have for you is.....drum roll please......are you not white? Because if you be brown or black in Worcester, then, being the racist shitbags that Worcester cops are, I could see this happening. I mean, all cops are racist shitbags, just some cops get to do it publicly, more than others.

Haha.. Yes I am a black American. But to be fair the cop was also Black(that is a whole different topic). Honestly, I have no gripe with the law in my life experience. I’ve mostly had pleasant encounters. I know shit bags exist. But they exist in all shapes, colors, and sizes.. That’s just my experience and outlook though.

 

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Wow, that’s crazy! Even after he verified that you were properly licensed, sober and carrying correctly, he still arrested you???? Did u mouth off or piss him off calling him out on his incompetence???? They don’t like that, lol.

I was never arrested. Just detained and let go. And I’ve never mouthed off to law enforcement. Never had a need to. Especially when I know I am right or within my legal rights. I just prefer to let thing play themselves out.

 

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If he was charged with “intoxicated while carrying” and went to trial and won I think it’s pretty clear he was arrested......Dont U??.....

This was what confused me.. They originally told me that I could pick my firearm up from the detectives evidence room that following Tuesday. So when I arrived to confiscate it that is when they told me I was being charged. None of it made sense. The officer looked like a complete fool in court.

 

[SgtHal75]

Haha.. Yes I am a black American. But to be fair the cop was also Black(that is a whole different topic). Honestly, I have no gripe with the law in my life experience. I’ve mostly had pleasant encounters. I know shit bags exist. But they exist in all shapes, colors, and sizes.. That’s just my experience and outlook though.

I was never arrested. Just detained and let go. And I’ve never mouthed off to law enforcement. Never had a need to. Especially when I know I am right or within my legal rights. I just prefer to let thing play themselves out.

ok, so what trial did you go to?

 

[SgtHal75]

This was what confused me.. They originally told me that I could pick my firearm up from the detectives evidence room that following Tuesday. So when I arrived to confiscate it that is when they told me I was being charged. None of it made sense. The officer looked like a complete fool in court.

Dude, your story is all over place. U wee not arrested???? U did or didn’t go to trial??? Why are you confiscating your own property??????

 

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Dude, your story is all over place. U wee not arrested???? U did or didn’t go to trial??? Why are you confiscating your own property??????

Dude, your story is all over place. U wee not arrested???? U did or didn’t go to trial??? Why are you confiscating your own property??????

Is it really? I didn’t want to go into all kinds of details about the story, it’ll take forever.. I went to trial and was not arrested, just detained and let go. My firearm was confiscated. I got it back a year later after trial... Im not sure what’s confusing about that?

 

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Sgt.Hal. I see what you mean.. I must have deleted a sentence in between and left the word confiscate. I went to pick my firearm up that Tuesday and found out I was being charged..

 

[SgtHal75]

Is it really? I didn’t want to go into all kinds of details about the story, it’ll take forever.. I went to trial and was not arrested, just detained and let go. My firearm was confiscated. I got it back a year later after trial... Im not sure what’s confusing about that?

I’ve never been in trouble and IANAL so forgive me but how can you go to an “actual trial” without being arrested only detained? Was it some sort of special hearing to get your gun back?

 

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See attachment.. I was detained, released, and summoned to court. Then I took it to trial.

 

[not new guy]

You can be charged without being arrested.

 

[Glockster30]

So last year My GF and I stepped out to a Hookah bar in Worcester to celebrate her Dental school acceptance. About an hr into our celebration a shoving match took place between a group of people in our area. A police officer stepped in to break things up and as he was moving through the crowd, he put his hand on my waistline to move me back as he made his way to the issue. Of course I carry appendix. So he circled back after calling for back up and detained me because he felt my firearm when moving me back. I was carrying a Glock 19 with a square notch 15 round preban with a +2 and a backup Glock 17 square notch preban also with a plus 2 in a trex sidecar. So as he disarmed me I immediately told him to reach in my back pocket for my wallet to present my LTC. Speeding through the story, my firearm was taken from me because I was being accused of being intoxicated while carrying a firearm. Now let me mind you I’m 35 and haven’t had a drink of alcohol in almost 10 yrs. I’ve never really been a big drinker.. But this officer insisted that I had multiple drinks that night even though I told him I hadn’t. I believe the police were hoping to get an illegal gun off of the street and when they realized it was legal, they looked for every and any reason to charge me with something. As soon as my license came back valid the tried to say I didn’t have the firearm in a holster until I proved I did. Then it was the holster didn’t have enough retention which also I proved it did. That’s when they started insisting that I was intoxicated. So In short my firearm was confiscated and I was charged with “Intoxicated License to carry”. I took this to trial , won, and got my firearm back (after a full year). But what
I found interesting is that there was no mention of my Hi cap magazines being pre or post ban. ANYWHERE! Not even in the test fire report . So honestly especially with Glock’s, I feel there is no real way for the law to confirm. Unless it’s a gen 5 mag I’m sure. If Glock can’t confirm, then the courts can’t either.. Just my experience....

If the cop insisted that you were intoxicated, but you were not drinking, why didn't you demand a BAC? If you passed the BAC, there would have been no reason for them to confiscate your firearm.

 

[drgrant]

Dude, your story is all over place. U wee not arrested???? U did or didn’t go to trial??? Why are you confiscating your own property??????

You can get charged on something without being arrested. For example invalid DL is arrestable but most leos don't unless there's other things in play, etc.

 

[SgtHal75]

See attachment.. I was detained, released, and summoned to court. Then I took it to trial.

Wow, I did not realize that! At least you got your shit back, sorry beating a dead horse with this but u learn something new every day

 

[Reptile]

Haha.. Yes I am a black American. But to be fair the cop was also Black(that is a whole different topic). Honestly, I have no gripe with the law in my life experience. I’ve mostly had pleasant encounters. I know shit bags exist. But they exist in all shapes, colors, and sizes.. That’s just my experience and outlook though.

The cop totally profiled you.

I hate to say it, but I don't think they would have pulled that crap if you were white.

Unfortunately, you must tread more carefully do to your race.

You would be wise to study Massad Ayoob and Andrew Branca if you have not done so already.

You are an asset to our community and I'm glad you dealt with these issue with a clear head.

 

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If the cop insisted that you were intoxicated, but you were not drinking, why didn't you demand a BAC? If you passed the BAC, there would have been no reason for them to confiscate your firearm.

It’s a long story man... I did request a breathalyzer.. but I would have had to have had a shouting match to be heard. Every time I tried to tell them I hadn’t had even one drink I was cut off mid sentence with” you’ve had more then one drink”.. this happened 2-3 times.. I didn’t want to make matters worse and Get arrested or roughed up. But in hind sight, I probably could have made a bigger deal out of it... I guess we will never know the outcome of that action....

 

[drgrant]

If the cop insisted that you were intoxicated, but you were not drinking, why didn't you demand a BAC? If you passed the BAC, there would have been no reason for them to confiscate your firearm.

Yeah, a great idea blow into a machine operated by a LEO you already know is 110% corrupt... if the guy is lying about perception of your intoxication what else is he going to lie about? Not a chance I would take. Also under the law theres no bac limits or procedure for CUI, they can literally make it up as they go along...

-Mike

 

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This was the only mention of my magazines in the police report..

This may or may not be the outcome for someone else. But I thought my story was good info to share due to the topic.

 

[not new guy]

Thanks for sharing all this.

Did they really give you a hard time about your holster and its retention ability?

 

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The cop totally profiled you.

I hate to say it, but I don't think they would have pulled that crap if you were white.

Unfortunately, you must tread more carefully do to your race.

You would be wise to study Massad Ayoob and Andrew Branca if you have not done so already.

You are an asset to our community and I'm glad you dealt with these issue with a clear head.

Thank you sir! I will certainly take a look into the mentioned. I very rarely put myself in situations where I have to think about these things, But I will never live my life in a bubble. I’m the guy who gets pulled over at night, turns off the car, and turns on all the lights in the car. I say that to say, I understand the ridiculous game I have to play. All of us really. I just tread a bit more calculated.

 

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Thanks for sharing all this.

Did they really give you a hard time about your holster and its retention ability?

They Sure did..! They brought it up in trial and all. I set the retention so that I have a smooth draw but with enough retention that I can flip the pistol in holster upside down and give it a “light” shake without dropping.

 

[Glockster30]

Yeah, a great idea blow into a machine operated by a LEO you already know is 110% corrupt... if the guy is lying about perception of your intoxication what else is he going to lie about? Not a chance I would take. Also under the law theres no bac limits or procedure for CUI, they can literally make it up as they go along...
-Mike

There are other things that he could have done. For example, ask for an on-duty supervisor to give him another BAC test or have them take you to the hospital for a blood test in their presence. Once it was determined that there was no alcohol in his system, they wouldn't have the right to take his firearm. And, if they still confiscated it and he proved that he was not drinking, then he would have a good case against the PD for illegally confiscating it. IMO, this was still a better way to go in the long run because at the time he didn't know that he would eventually be summonsed to court. Having the BAC test is cheaper than hiring a lawyer to defend him in court. In addition, there was no guarantee that he would win in court.

 

[TomMontana]

A police officer stepped in to break things up and as he was moving through the crowd, he put his hand on my waistline to move me back as he made his way to the issue. Of course I carry appendix. So he circled back after calling for back up and detained me because he felt my firearm when moving me back.

Wow. Wouldn't ever think someone would grab your tummy enough to feel your gun like that. I'm glad it worked out for you. Did you get your mags back too?

 

[M1911]

They Sure did..! They brought it up in trial and all. I set the retention so that I have a smooth draw but with enough retention that I can flip the pistol in holster upside down and give it a “light” shake without dropping.

Jesus H Christ. There is no law that says you have to use a holster or that you have to have certain retention in the holster. I hope your attorney objected to that BS.

 

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Wow. Wouldn't ever think someone would grab your tummy enough to feel your gun like that. I'm glad it worked out for you. Did you get your mags back too?

He didn’t really grab my stomach. He was kind of swimming through the crowd moving people out of his way and his hand happened to land on my firearm as he tried to move me. And yes I got my Mags back fully loaded, besides the 1 round they test fired.

 

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Jesus H Christ. There is no law that says you have to use a holster or that you have to have certain retention in the holster. I hope your attorney objected to that BS.

Honestly non of it mattered. My charge was intoxicated while carrying, So that’s what they had to prove. They had nothing there so they were trying to bring up any little things like that. He said” there was no retention, anyone could have grabbed it off of his waist or it could have fallen. Someone could have picked it up and hurt someone”. I’ve been carrying for 14 yrs now and had an FID for years before that. I’ve never had a firearm fall out of its holster. Not that it can’t happen. But that was a reach at best!

 

[JDL]

Is there some sort of super secret holster retention law that only the cops know about that we must now be aware of? Is this just something made up so we can be arrested and detained that we have to now defend agents?

 

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I believe they were trying to prove I was unfit to have an LTC. I had a sit down with my issuing officer shortly after the incident and he went over the police report with me. He told me that WPD was really pushing for him to take my license. But after hearing my side of the story he said he didn’t feel it was necessary to take my license. So it remained active throughout my trial.

 

[not new guy]

Jesus H Christ. There is no law that says you have to use a holster or that you have to have certain retention in the holster. I hope your attorney objected to that BS.

Alright, I’m not losing my mind. Yet.