Got detained by stillwater pd today for brandishing

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bcox

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What the...? How do people keep missing this?

Yes, he did. The cop said he ran his plate and info and knew he was a permit holder before he pulled the guy over.

Well, that is a lie, read what Badge Bunny posted her husband is a officer. Or better yet call osbi and ask if your ccw license is connected to your license plate.

Thats why you inform the officer when you get pulled over.
 

BadgeBunny

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What the...? How do people keep missing this?

Yes, he did. The cop said he ran his plate and info and knew he was a permit holder before he pulled the guy over.

Do you know how long it takes to run a tag, get someone's name and then have a background run and THEN chase them down?? No offense to the OP but I am just wondering if there wasn't a misunderstanding somewhere ... you know ... in the heat of the moment.

Besides being a permit holder doesn't necessarily make you an "okay" guy ... I will admit that it makes it more likely you will be an "okay" guy, but apparently Mr. Couch was a little bit sideways ...

Whether we like it or not officer discretion is a vital component of police work. If the officer can articulate that he had reasonable suspicion of imminent danger and he followed procedure then it is a good stop, even if it was offensive to the OP. (And I am not saying I wouldn't be indignant if the same thing happened to me, but that still doesn't make it an actionable issue legally.)
 

bcox

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Well, that is a lie, read what Badge Bunny posted her husband is a officer. Or better yet call osbi and ask if your ccw license is connected to your license plate.

Thats why you inform the officer when you get pulled over.

I just asked a Tulsa officer and he said license plates don't tell them if you have a CCW
 

deja

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I do not know how long it takes. I'm going off the OP.

However, you can get the driver information from the license plate and use that to query whether someone has a permit.
 

BadgeBunny

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I do not know how long it takes. I'm going off the OP.

However, you can get the driver information from the license plate and use that to query whether someone has a permit.

No, you do not get driver information from a license plate. What you get is who the car is registered to, which may or may not be the driver.

So ... if an officer runs a plate and then uses that information to run a CCW check then all he knows is whether the person the vehicle is REGISTERED to is a CCL holder or not ...

That is why I think there must have been a misunderstanding at the scene. But like everyone else here, I am only guessing, because I wasn't there.

Regardless, I think that this is a valuable lesson to all of us to keep our weapons, which we are carrying as the result of a CONCEALED CARRY license, concealed.
 

bcox

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I do not know how long it takes. I'm going off the OP.

However, you can get the driver information from the license plate and use that to query whether someone has a permit.

That may be true, but it would take a while, and based off the story of the OP, this went down fast, doubt he called in got the driver info of the plate, then called up osbi to inquiry about a ccw, cause if he had done that I suspect the whole thing would have gone down differently.

Someone isn't telling the whole truth, the officer or the OP, about the officer knowing he had a ccw from the plate.

Just my two cents
 

Buzzgun

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He DID NOT display a weapon, not that displaying a weapon is in ANY way illegal! It is perfectly legal to have an unloaded weapon in plain sight in or on a vehicle.

Granted, the weapon was loaded, but the cop had no way to know that without stopping him, so, what was the probable cause to stop him in the first place??

Wonder if the cop stops everyone with a rifle in the back window of a pick-up just in case it is loaded?

He was carrying legally, then his concealed weapon was accidentally exposed. He DID NOT "brandish" or "display" a weapon.




TITLE 21 § 1289.6. Conditions under which firearms may be carried

CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED

A. A person shall be permitted to carry loaded or unloaded shotguns, rifles and pistols, open and not
concealed, and without a handgun license as authorized by the Oklahoma Self-Defense Act, Sections 1
through 26 of this act, pursuant to the following conditions

6. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971, Sections 1289.1
through 1289.17 of this title or any legislative enactment regarding the use, ownership and control of
firearms.

B. A person shall be permitted to carry unloaded shotguns, rifles and pistols, open and not concealed and
without a handgun license as authorized by the Oklahoma Self-Defense Act pursuant to the following
conditions:

1. When going to or from the person’s private residence or vehicle or a vehicle in which the person is
riding as a passenger to a place designated or authorized for firearms repairs or reconditioning, or for
firearms trade, sale, or barter, or gunsmith, or hunting animals or fowl, or hunter safety course, or
target shooting, or skeet or trap shooting or any recognized firearms activity or event and while in
such places; or

2. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971, Sections 1289.1
through 1289.17 of this title.

TITLE 21 § 1289.7. Firearms in vehicles

FIREARMS IN VEHICLES

Any person, except a convicted felon, may transport in a motor vehicle a rifle, shotgun or pistol, open and unloaded,
at any time. For purposes of this section “open” means the firearm is transported in plain view, in a case designed for
carrying firearms, which case is wholly or partially visible, in a gun rack mounted in the vehicle, in an exterior locked
compartment or a trunk of a vehicle.

Any person, except a convicted felon, may transport in a motor vehicle a rifle or shotgun concealed behind a seat
of the vehicle or within the interior of the vehicle provided the rifle or shotgun is not clip, magazine or chamber loaded.
The authority to transport a clip or magazine loaded rifle or shotgun shall be pursuant to Section 1289.13 of this title.

Any person who is the operator of a vehicle or is a passenger in any vehicle wherein another person who is
licensed pursuant to the Oklahoma Self-Defense Act, Sections 1 through 26 of this act, to carry a concealed handgun
and is carrying a concealed handgun or has concealed the handgun in such vehicle, shall not be deemed in violation of
the provisions of this section provided the licensee is in or near the vehicle.


If I was the OP, I believe I'd be having a visit with the DA ASAP and discuss probable cause for stopping me in the first place.
 

deja

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Why do people keep missing that a permit does not allow you to display a weapon?
We're not missing that. But from the OP, it sounded like at worst, it was an incidental accident. A very strict interpretation is that yes, he broke the law, but not on purpose.

As for the rest, I don't know any better than any of you (in fact, likely many of you do know better than I), and perhaps the OP is just full of it. It just strikes me as odd that so many are so quick to call bullsh*t on him so fast for what seems to be a reasonable post.

Honestly, I don't know how long it would take to use registration information to query whether the driver (or assumed driver) had a CCW. It just didn't sound unreasonable to me that it could be done. And yes, for all I know, the OP could've been flashing his piece around and then came on here and said it was the wind that briefly exposed it. It just doesn't make sense to me that he would bother making a thread about that.
 

BadgeBunny

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We're not missing that. But from the OP, it sounded like at worst, it was an incidental accident. A very strict interpretation is that yes, he broke the law, but not on purpose.

As for the rest, I don't know any better than any of you (in fact, likely many of you do know better than I), and perhaps the OP is just full of it. It just strikes me as odd that so many are so quick to call bullsh*t on him so fast for what seems to be a reasonable post.

Honestly, I don't know how long it would take to use registration information to query whether the driver (or assumed driver) had a CCW. It just didn't sound unreasonable to me that it could be done. And yes, for all I know, the OP could've been flashing his piece around and then came on here and said it was the wind that briefly exposed it. It just doesn't make sense to me that he would bother making a thread about that.

Well, I don't know about anybody else but I was not, and am not now, calling bullsh*t on his story. However, what little I know about police work and the LOT I know about the legal system and having dealt daily for about 20 years with clients of all kinds, I am pretty damned sure there is more to the story than what has been posted here. There always is ... sometimes that is a good thing and sometimes that is bad and for my part, I don't get paid to sort it out anymore so I will lose no sleep over this.

But I will tell you unequivocably that your conceal carry license is NOT in any way tied to your driver's license, your vehicle tag number or your vehicle registration. And to get that information takes time ... more time that an officer would have had to see you and light you up like the OP has represented has happened here.

ETA: and I see you have been a member since July of this year ... Don't know how long you have lurked but I can tell you that this thread is TAME compared to what you will see if you hang around here long enough. OSA is a IDIOT MAGNET for poor, ne'er do well, citizens offended by the JBTs of our fair state. (Not necessarily the OP, mind you, just in general ...)
 
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