hand gun permit troubles

[Goldengoose]

A friend of mine owns a gas station in edgewwod and he and his brother are valid Maryland Handgun Permit holders . Here is what went down , some time in the last few weeks a women purchased a auto car wash pulled in and the washer skiped a beat . She came into the lobby screaming about how bad the wash had been . After telling the women she could get another wash she would just have to wait back in line (two cars ) she demanded her money back . My friend put six dollars under the glass . She grabbed the cash then countinued screaming slurs and still demanded another wash . She was quickly asked to leave , at this point became even more mad dialed 911 and said the man was waving a gun in her face . My friend had his .40 sub compact on his hip as the law allows . Two state troopers and ten local sherifs arrived on site detained my friend and his brother . They watched the video recorded images and quickly un-cuffed the two men . However they took the both guns and gave the women a report number . The officers said they could get their guns back after the court date if the women choose to file a complaint with the comissioner . She did file and the men went to court had to show again the video tapes of the exact opposite if what the women said happened that night . The state quickly dropped all charges on Monday . The whole time the permits were never revoked or suspened and they still do not have their guns back . BS .

Common sense must prevail here....LEO'S did there job, Judge did there job, attorney did there job, citizen/owner failed should of called the police first, never get into a confrontation with a customer as it becomes a form of assault with or without a gun, and the legal burden is placed on the accused and then one must work through the legal system to clear one's self. You can sue for anything if you can find a attorney to accept the case to do so. Sure it doesn't seem to be fare to the owner of the station, but that's the way our judicial system works, and the attorney must apply to the court system to get their the guns back from the authorities that have them, the guns can't be released without the document trial from the court!!! So to recap, everything you mentioned was done right by the law.....yes it can make you mad!!! But a phone call from the business owner to the police first would of been the best call of action!!

 

[Trapper]

Common sense must prevail here....LEO'S did there job, Judge did there job, attorney did there job, citizen/owner failed should of called the police first, never get into a confrontation with a customer as it becomes a form of assault with or without a gun, and the legal burden is placed on the accused and then one must work through the legal system to clear one's self. You can sue for anything if you can find a attorney to accept the case to do so. Sure it doesn't seem to be fare to the owner of the station, but that's the way our judicial system works, and the attorney must apply to the court system to get their the guns back from the authorities that have them, the guns can't be released without the document trial from the court!!! So to recap, everything you mentioned was done right by the law.....yes it can make you mad!!! But a phone call from the business owner to the police first would of been the best call of action!!

I disagree with your interpretation of "common sense". I believe the cops on scene made a bad call in confiscating the owners' guns. The cops on scene had the word of one person, against the word of 2 people and video evidence. Their only question, once the truth of the situation was deteremined (which they did on-site by viewing the evidence), should have been to determine whether or not to cite the woman for making a false 911 call and lying to a police officer (which is a crime).

There was no cause to confiscate the owners' arms, and further there was no "trial" as the state dropped the charges after looking at the video (something they should have done before determining whether to prosecute). The bottom line is, their property was seized without due process (which would require a reasonable suspicion that they had done something illegal), and in the face of evidence that they in fact had done nothing illegal, and the woman had, in fact, done something illegal.

This is one case where I would like to see them sue the officers for violation of their 2nd and 14th ammendment rights (and hopefully the police would charge the woman). While suing the police is not the ideal way to get our rights recognized, this type of case needs to be fought and won in order to teach police to enforce the law, and not some arbitrary interpretation thereof. What I'd really like to know, and probably never will, is whether or not this was a mistake on the officers part, or if it's part of a larger department policy where they confiscate guns no matter what. The first being a training issue and the latter a leadership one.

*** Upon further pondering, I wonder if they could name the woman in the suit as well, since she instigated the violation of their civil right... hmmm

 

[Inigoes]

I was told not to worry about it that someone was already taking care of the paper work making a false police report. I think he got charged/ fined for the man hours wasted.

Unless you got a copy of the police report, you were buffalo'd!

 

[glockefeller]

Common sense must prevail here....LEO'S did there job, Judge did there job, attorney did there job, citizen/owner failed should of called the police first, never get into a confrontation with a customer as it becomes a form of assault with or without a gun, and the legal burden is placed on the accused and then one must work through the legal system to clear one's self. You can sue for anything if you can find a attorney to accept the case to do so. Sure it doesn't seem to be fare to the owner of the station, but that's the way our judicial system works, and the attorney must apply to the court system to get their the guns back from the authorities that have them, the guns can't be released without the document trial from the court!!! So to recap, everything you mentioned was done right by the law.....yes it can make you mad!!! But a phone call from the business owner to the police first would of been the best call of action!!

You must be the screaming ladys husband .

 

[glockefeller]

They went to court on the 24th and didnt even make it into the court room . His attorney gave tthe states attorney a copy of the survalance tapes and he choose not to proceed .

 

[glockefeller]

Common sense must prevail here....LEO'S did there job, Judge did there job, attorney did there job, citizen/owner failed should of called the police first, never get into a confrontation with a customer as it becomes a form of assault with or without a gun, and the legal burden is placed on the accused and then one must work through the legal system to clear one's self. You can sue for anything if you can find a attorney to accept the case to do so. Sure it doesn't seem to be fare to the owner of the station, but that's the way our judicial system works, and the attorney must apply to the court system to get their the guns back from the authorities that have them, the guns can't be released without the document trial from the court!!! So to recap, everything you mentioned was done right by the law.....yes it can make you mad!!! But a phone call from the business owner to the police first would of been the best call of action!!

Where in my post does it say my friend got into a confrontation ? You need to read carefuly before you pass judgement or comment . thanks

 

[hvymax]

I hope they sue the crap out of everyone involved. They did nothing wrong and their rights were violated at every point after the police saw the video. The police saw that they had done nothing wrong and still participated fully in their victimization.

 

[Srsanbo]

Common sense must prevail here....LEO'S did there job, Judge did there job, attorney did there job, citizen/owner failed should of called the police first, never get into a confrontation with a customer as it becomes a form of assault with or without a gun, and the legal burden is placed on the accused and then one must work through the legal system to clear one's self. You can sue for anything if you can find a attorney to accept the case to do so. Sure it doesn't seem to be fare to the owner of the station, but that's the way our judicial system works, and the attorney must apply to the court system to get their the guns back from the authorities that have them, the guns can't be released without the document trial from the court!!! So to recap, everything you mentioned was done right by the law.....yes it can make you mad!!! But a phone call from the business owner to the police first would of been the best call of action!!

I STRONGLY disagree with your take on this. If it went down as described, the officers had NO BUSINESS taking their firearms and should have immediately cited the woman for a false complaint. The only confrontational one was the irrational woman abusing the system. I don't understand how it can be interpreted differently based on the facts presented.

 

[z_darktemplar]

They should considering filing civil suit against the women for lost time and damage to their reputation as a business. By the way, not trying to be racist or anything, but for my curiosity what was the race of the woman?

 

[PapiBarcelona]

never get into a confrontation with a customer as it becomes a form of assault with or without a gun!

WTF? how much crack did you smoke before you typed that up?

 

[INMY01TA]

Common sense must prevail here....LEO'S did there job, Judge did there job, attorney did there job, citizen/owner failed should of called the police first, never get into a confrontation with a customer as it becomes a form of assault with or without a gun, and the legal burden is placed on the accused and then one must work through the legal system to clear one's self. You can sue for anything if you can find a attorney to accept the case to do so. Sure it doesn't seem to be fare to the owner of the station, but that's the way our judicial system works, and the attorney must apply to the court system to get their the guns back from the authorities that have them, the guns can't be released without the document trial from the court!!! So to recap, everything you mentioned was done right by the law.....yes it can make you mad!!! But a phone call from the business owner to the police first would of been the best call of action!!

 

[robdiao]

Warning: Harsh words follow!

To steal someone else’s reference:











See how that works? A Right is a Right. We as Americans have the right to either Open or Concealed carry. If Open carry is allowed, then the general population needs to get over any phobias they have and learn to live with that fact.

I never said YOU shouldn't, or that it should be against the law. I said "I'm not a fan." Big difference.

Personally I don't wan't to be the first target if a robbery is going down, don't want to be wrongly accused of something just because someone see's my gun either. I don't like to stand out. A wise man once said: "Talk low, talk slow, and don't say too much."

If you wanna open carry where its legal, that is your right and **** anyone who wants to stop you. But its just not my thing.

 

[montoya32]

She should have been shot, that would have sealed the deal and their guns would have been confiscated just as well. Honestly, when someone persues leagal actions, their attorney should advise them that they may be liable for the court costs and other parties attorney fees. In MD, you can put a lein on someone and make false accusations without cause or proof. The burden is on the defendent to prove their innocence. Kinda makes me sick, but that is what this state and this country has become.

It's better to not have someone to speak up against you than to have to defend yourself against their false comments/accusations.

 

[Trapper]

Sorry to inform everyone but , my friend was gunned down today . He was unarmed . The State Police still have his guns . **** this is just the reality of what could happen , my friend is safe and sound ****

Sorry if this was harsh but this is what could happen .

It happend to the bar owner, false report to disarm him so he could be murdered. There is nothing that says the same isn't happening here. Woman throws a stink and calls the cops to disarm the owners, then woman or accomplices rob the place because the guys are disarmed.

In this case, the woman knows the cops have the guns, but she also knows they aren't forbidden from having others and may not take the chance that they have back-up guns.

 

[glockefeller]

It happend to the bar owner, false report to disarm him so he could be murdered. There is nothing that says the same isn't happening here. Woman throws a stink and calls the cops to disarm the owners, then woman or accomplices rob the place because the guys are disarmed.

In this case, the woman knows the cops have the guns, but she also knows they aren't forbidden from having others and may not take the chance that they have back-up guns.

I know , and again sorry to be blunt but this hits home .

 

[Papi4baby]

Sorry to inform everyone but , my friend was gunned down today . He was unarmed . The State Police still have his guns . **** this is just the reality of what could happen , my friend is safe and sound ****

Sorry if this was harsh but this is what could happen .

Sorry to hear about it.

Could you post a news report link to read the story of what exactly happen.'


Thanks.

 

[Ruzo]

She should also have to pay the state back for all the tax payers money spent for the court proceedings. What a P.O.S...

 

[Maverick0313]

They went to court on the 24th and didnt even make it into the court room . His attorney gave tthe states attorney a copy of the survalance tapes and he choose not to proceed .

+1...at least there was SOME justice.....

 

[GTOGUNNER]

I call BS on this whole thread. Never happened.
Thread mis-named. " hand gun permit troubles."

#1, No permit needed.

#2, No one gets a court date in a few weeks

#3, States Atty would already have the tapes.

#4, No names.

 

[Wayne1one]

This is just one side of the story, so I will not comment and I am a LEO.