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  1. #1

    Default Possibly Illegal Traffic Stop And Arrest

    Hi , Recently I was stopped in traffic and told that I was driving erratically. I was not speeding and on a way crowded street and had 4 other passengers in the car that will vouch for me not driving erratically. Once the officer pulled me over, he told me to turn the car off and get out immediately. I was not asked for license or registration, nor was anyone else in my car asked for identification either. At that point he noticed there was a firearm in my middle console which was unloaded and in clear side. The clip was in my side pant pockets. I was charged with carrying a concealed weapon and Reckless Driving. I am a felon. The firearm was not mine but a family member who normally rides with me. I noticed it was in my glove compartment after i was far away from home. So thinking I was complying with the North Carolina laws I took out the clip cleared the chamber and put the magazine in my pocket. The firearm is legal and registered to my family member. Is it possible that they can try to charge me with felony possession of a firearm and if so what "penalty" would that carry . This took place in the state of NC. Are there any websites that may help me with this as well? Is there any other advice that you can give me ?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Illegal Traffic Stop And Arrest ?

    Quote Quoting Daquanjulius
    View Post
    Hi , Recently I was stopped in traffic and told that I was driving erratically. I was not speeding and on a way crowded street and had 4 other passengers in the car that will vouch for me not driving erratically.
    That might help you ... on the other hand, it might not.

    At that point he noticed there was a firearm in my middle console which was unloaded and in clear side. The clip was in my side pant pockets. I was charged with carrying a concealed weapon and Reckless Driving. I am a felon.
    Not a surprise that you'd be arrested, then!

    The firearm was not mine but a family member who normally rides with me.
    Not relevant.

    I noticed it was in my glove compartment after i was far away from home.
    So you took it OUT of the glove compartment and put it in the center console, placing the magazine in your pocket. Niiiiice!

    So thinking I was complying with the North Carolina laws I took out the clip cleared the chamber and put the magazine in my pocket. The firearm is legal and registered to my family member. Is it possible that they can try to charge me with felony possession of a firearm and if so what "penalty" would that carry .
    Yes, it is VERY likely you will be so charged.

    Off hand I don't know what penalty it will carry. If you search the NC statutes, you can probably find it.

    http://www.ncleg.net/gascripts/Statutes/Statutes.asp

    Consult local counsel.

    - Carl

  3. #3
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Possibly Illegal Traffic Stop And Arrest

    North Carolina has some harsh courts outside of the coastal counties, particularly in Wake County, Durham, and Mecklenberg.

    The mere presence of the handgun in a car can trigger an arrest for Felon in posession, even if it is unloaded. The DA, upon working with your defense counsel may not continue to press charges IF the owner of the firearm was in the car and noted it was their firearm and they were in posession of all components of the weapon.

    The problem that you will trigger is that the firearm was in the vehicle and you were in posession of the clip, which was likely loaded with ammunition. You had a component of the weapon and ammunition with the weapon in clear sight in the middle console. Both of the prior notations trigger Federal laws in 18 USC 921 and 922. They are dependent upon the prior conviction if I am not mistaken, but that is for the DA to sort out. If I were the officer I would err on the side of caution and arrest.

    Second is the issue that the weapon, though unloaded, was in the passenger compartment and readily available to the driver. That triggers a violation of the NC statutes.

    My guess is that you are going to need a good defense attorney to file a motion to disallow the fruits from the traffic stop (the courts always side with the officer's testimony or the "testimony of the tape", from the camera in the squad). The defense attorney will likely also have prepared you to work out a good deal. Weaving within lane and crossing the center line or lane divider more than 1x is enough to trigger a stop.

    My advice is this:
    Because the Federal and NC State statutes are on the side of the prosecutor you need to spend the extra money on a good criminal defense attorney.

    Note - I am not a lawyer and I am not behind the badge. I studied Criminal Justice in college. I used to own guns and had access to weapons in North Carolina but never drove with one in the passenger compartment.

  4. #4
    Join Date
    Jun 2007
    Posts
    8

    Default Re: Possibly Illegal Traffic Stop And Arrest

    You are a convicted felon in NC and there was a handgun in your vehicle?

    This is not good at all. You need to seek council if not done so already as they are giving out 14 years for felony handgun possession like candy these days.

    Good luck

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