< Back to the Main Site
« previous next »
Pages: [1]   Go Down

Author Topic: More Disinformation from KOLN and the Nebraska State Patrol  (Read 1748 times)

Offline Dan W

  • NFOA Co-Founder
  • *****
  • Join Date: Oct 2007
  • Location: Lincoln NE
  • Posts: 8143
More Disinformation from KOLN and the Nebraska State Patrol
« on: July 04, 2009, 08:28:54 PM »
http://www.kolnkgin.com/home/headlines/49627267.html

Quote
Nebraska State Patrol were surprised at some of the cargo they found while conducting a checkpoint for illegal fireworks near Auburn.

"During an inventory of the vehicle... we had four weapons located in the vehicle, two rifles, an Egyption AK-47, as well as a shotgun, 12 gauge, which was unloaded, and two 45 caliber pistols. All of them were properly secured in the trunk, nothing illegal about that. However, he was found with eight magazines for the army, M-16 rifle, 30 round magazines, these are illegal because they are stamped for law enforcement only, which he did acquire from the army," said Trooper Christopher Richardson.

More at the link


Now I agree that this guy may be an idiot, and he may have stolen some magazines from the US Army, but the "law enforcement only" markings on the "M16" mags have absolutely no legal consequence since the sunset of the Assault Weapons ban over 5 years ago.

I find it quite disturbing that the NSP is incapable of determining the legality of possessing these magazines by other than law enforcement.
« Last Edit: August 09, 2010, 07:55:02 PM by Dan W »
Logged
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline bkoenig

  • Gun Show Volunteer
  • Powder Benefactor
  • *
  • Join Date: May 2009
  • Location: Lincoln, NE
  • Posts: 3677
  • Aspiring cranky old gun nut
Re: More Disinformation from KOLN and the Nebraska State Patrol
« Reply #1 on: July 04, 2009, 10:54:00 PM »
I always wonder how these checkpoints can be legal.  How can they justify stopping and searching every car that comes through?  How would that be different from them going house to house searching for drugs?
Logged

Offline Dan W

  • NFOA Co-Founder
  • *****
  • Join Date: Oct 2007
  • Location: Lincoln NE
  • Posts: 8143
Re: More Disinformation from KOLN and the Nebraska State Patrol
« Reply #2 on: July 04, 2009, 11:06:37 PM »
In this case they probably did an inventory of the vehicle as a result of a DUI arrest, unless the driver agreed to allow a search.  The Supreme Court has ruled that sobriety checks can be legal if properly conducted , and I think they can stop anyone and ask for license and registration.

That doesn't clear them though in the bogus claim about illegal magazine possession, but the driver may have admitted to the stolen nature of the magazines, thus the charges that are in the article
Logged
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline Randy

  • NFOA Co-Founder
  • *****
  • Join Date: Nov 2007
  • Location: Plattsmouth, NE
  • Posts: 908
  • "Liberty or Death"---------"Don't Tread on Me!"
Re: More Disinformation from KOLN and the Nebraska State Patrol
« Reply #3 on: July 04, 2009, 11:47:55 PM »
Yes, than can stop you with a probable reason which they probably teach them in LEO school and can be just about anything. Such as you crossed the center line, etc..

Found this interesting NE court case below.
Nebraska Upheld under state law. State v. McCleery, 560 N.W.2d 789 (Neb. 1997).
Checkpoint avoidance does not justify an investigatory stop.

Ref. http://www.iihs.org/laws/checkpoints.html
Logged
Let us never forget 9.11.01
 "She Never Begins An Attack, Nor When Once Engaged, Ever Surrenders:"
An American Guesser Oct.3, 1775

Offline Poor Man

  • Powder Benefactor
  • *
  • Join Date: Feb 2009
  • Location: Kearney trade area
  • Posts: 74
Re: More Disinformation from KOLN and the Nebraska State Patrol
« Reply #4 on: July 05, 2009, 09:00:06 AM »
Regardless of all the legal aspects, I've found that it doesn't matter what "they" can't do while "they" are doing it to you.
   
Logged
Most folks who get lost in thought are
stumbling around in unfamiliar territory

Law is not necessarily Justice: nor is Justice necessarily Legal

NRA Life Member; CCRKBA Life Member;Charter Member - Second Amendment Task Force. Member of Gun Owners of America. and, National
Ass'n for Gun Right

Offline Mikee Loxxer

  • NFOA Full Member
  • **
  • Join Date: Jan 2009
  • Location: Lincoln NE
  • Posts: 90
Re: More Disinformation from KOLN and the Nebraska State Patrol
« Reply #5 on: July 05, 2009, 11:43:44 AM »
So if I pick up M16 magazines at a gun show with such stampings and later have them found in my possession by law enforcement they can prosecute me?
Logged

Offline Randy

  • NFOA Co-Founder
  • *****
  • Join Date: Nov 2007
  • Location: Plattsmouth, NE
  • Posts: 908
  • "Liberty or Death"---------"Don't Tread on Me!"
Re: More Disinformation from KOLN and the Nebraska State Patrol
« Reply #6 on: July 05, 2009, 01:11:43 PM »
Many of my used Glock magazines had Law Enforcement Only stamped on them.

Sounds like this new felon admitted to stealing from the Goverment.
Logged
Let us never forget 9.11.01
 "She Never Begins An Attack, Nor When Once Engaged, Ever Surrenders:"
An American Guesser Oct.3, 1775

Offline Mikee Loxxer

  • NFOA Full Member
  • **
  • Join Date: Jan 2009
  • Location: Lincoln NE
  • Posts: 90
Re: More Disinformation from KOLN and the Nebraska State Patrol
« Reply #7 on: July 07, 2009, 12:36:46 PM »
I posted about this new story on thehighroad.org. This prompted many of the readership there to contact the Nebraska State Patrol. Here is the response from State Patrol.

?The Nebraska Sate Patrol has received numerous contacts from members of your website in regards to a recent news story involving a vehicle checkpoint. We would like to address the situation in this email, to ensure your members are aware of the situation as it unfolded. If possible would you please post the following reply so that all of your members might view our response.


Thank you for taking the time to contact the Nebraska State Patrol with your concerns, about a recent TV news stories filmed during a fireworks checkpoint in Nemaha County, Nebraska. You are correct that the possession of magazines marked in the fashion described by many of your members are legal to possess. Our trooper made an inaccurate statement to the news crew filming the story. This was pointed out to him by his fellow officers soon afterward. This also was not a factor in the arrest of the suspect. The subject in the story was placed under arrest for DWI. The officers obtained additional information that the magazines in question had been stolen from a specific National Guard Base in Nebraska. This information has been forwarded to the local prosecutor. It will be up to the prosecutor to decide whether additional charged are filed for possession of stolen property.?

Sincerely,
Captain Steve Ayres
Nebraska State Patrol


Edited for color, difficult to read.
« Last Edit: July 07, 2009, 12:43:49 PM by Randy »
Logged

Offline JimP

  • Steel Benefactor
  • *
  • Join Date: Oct 2007
  • Posts: 1310
Re: More Disinformation from KOLN and the Nebraska State Patrol
« Reply #8 on: July 09, 2009, 10:45:27 PM »
Can we figure out a way for the LEOs who think they are The Only Ones to identify themselves...... some kind of extra badge or somethin' ?
Logged
The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.
Pages: [1]   Go Up
« previous next »