I got arrested........

by the S.C.D.N.R's KGB department for having a pistol in the seat of my jeep, ON PRIVATE LAND. I was checking food plots and feeders this afternoon and parked my jeep well off the road on MY OWN land and went to do my looking on foot leaving the pistol in the seat. When I got back the game warden was there so I asked what he wanted and got out my wallet to show my license even though I wasn't hunting, didn't even have a gun with me. He asked if I was on my way to or coming from hunting or fishing and when I said no I was checking feeders and such he placed me under arrest, shoved me up against his truck and cuffed me. I asked why I was under arrest and he said for unlawfully carrying a firearm. I asked to see the search warrant and he said he didn't need one he had probable cause but wouldn't say to me what that was. I have never so much as received a warning from the D.N.R. for anything. He also confiscated a rifle and shotgun from an overhead rack in the jeep along with a Kabar machete and two skinning knives from the dry box and my dad's electrician's knife out of my pocket. I just got home about an hour and a half ago. Don't know what the outcome will be but my lawyer got me released without bond and the guns and knives were given to my uncle to hold for 24 hours until I cooled down. I think this is the biggest pile of the purest horse S%@T I've ever heard of. This absolutely does it for me, I no longer have any trust or respect for any form law enforcement in the State of South Carolina.

guess you can say Sieg Heil!. that's fascism at it's finest.

???!!!

I'd have had something firearm on me, if nothing other than a S&W 940. Which reminds me, the last time I got pulled over in the middle of the "no-wheres" the state trooper allowed me to unload said piece and only issued a traffic warning. Nice fellow.

Hopefully the charges "if any" are dropped when this A.SS clown realizes he's got NOTHING on you. Stories like this are happening more and more often. He feels real good about himself, he showed you who was Boss. That brown shirt went home and put on his special pair of silk panties and bra, smeared hot pink lipstick all over his face and and stared in a mirror telling himself " I'm the Boss" while Madonna's "like a virgin" played in the background. Well, when something similar happened to me that's what I thought anyway...

Thanks for letting me vent!!

The green shirts and their Glocks aren't too popular up here either Tom. My guess is it'll get thrown out in court. Was the pistol securely encased in a holster? That will be the clincher.

This makes me ill. How can a GW arrest you for having a firearm in tour vehicle on your own land? I understand the probable cause threashold is much lower for GWs which iw why the PDs use Gws to gain entry to homes for which the PD standard of probable cause cannot be met. I quit dove hunting for the same reason. Swarmed by 7 GWs for dubious reasons no ticket but they drug it out for a year. We are all guilty it is up to the PD GW etc.. to determine of what.
Very bad taste still remains in my mouth. I think it fair to say we (hunters) are the Good Guys of sociaty as a rule. If this thread gets closed please PM me and let me know the outcome.

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Originally Posted by Brian Dick

Was the pistol securely encased in a holster? That will be the clincher.

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Was this a game/hunting violation (so called) or a firearms possession issue? I my area is is not illegal to have a firearm loaded,unloaded, holstered,unholstered, visable or concealed in you vehicle .
Perhaps some vague Game regulation about firearms possession while in proximity to game? Why should you have to prove your innocence on your own property? I am distressed with the "charge them and let the judge sort it out" attitude that seems to prevailing Modus operandi with LEOs these days.

I'm not taking sides here but Game Wardens do live a pretty dangerous life. That's one reason the standards of probable cause are lower. Nearly every one they approach is going to be armed and they are usually in some out of the way location where backup isn't available.

In PA, you are allowed to transport a handgun to and from a range or while hunting. That is in the game laws. What complicates things is PA is an open carry state, meaning so long as the weapon is visible, you can have it with you at all times whether hunting or going to the range or not. If the weapon is concealed, you must have a concealed weapons permit. Another complication is that PA does not allow semi-autos for hunting. So even if you have a license to carry a concealed weapon or can legally openly carry a handgun, you may not carry a semi-auto handgun while hunting You also may not have any firearm in your vehicle unless it is locked in the trunk while spotlighting. If you are caught doing that, they can confiscate everything, including the car.

Game wardens are also allowed on private property without a warrant. They do have powers far in excess of the police. This subject comes up periodically when one of them does something that upsets someone with a little bit of authority..

I've met some that were very nice, very reasonable and some that were complete jerks. I had one watch me drag a big doe 300 yards across a field and then struggle to load it into the back of my car before coming over to demand to see my license and check the tags. I was ticked. I did nothing wrong and he just sat there the entire time. I had another stop me and my daughter one time when we were leaving the woods. We were back in a railroad trail, probably half a mile in when he pulled up behind us. The track isn't open to "normal" folk. Anyway, he checked my gun and my daughters, asked her how she was doing and then asked if he could talk to "Dad" in private. He then quietly told me that I needed an orange hat. I had forgotten it but went in anyway because I was covered in orange from the waist up. He said the hat requirement is a must, he was right, but that he did not want to spoil my daughter's day by giving me a citation. He told me that if he had a hat which he usually does, he'd give it to me but just advised me to head out like we were planning and that was the end of it.

It sounds like this fellow went out of his way to cause trouble. His probable cause was likely the visible firearms. Whether that would stand in court or not who knows. Nothing illegal about it in my state anyway. But in regards to that, call me paranoid but I never leave any firearms visible in the house, car, etc but that's mainly to avoid theft.

Aragorn
Interesting PAs laws are similar to ours.You did a good job of backing up my point that we are all guilty of somthing just a matter of the authorites determining what we are guilty of. Your orange encounter is a good demonstration of the fact that not every LEO GW is a Jack Wagon.
IMHO there are to many legitamite willfull game violations spotlighting deer,potching etc.. for GWs to go for the low hanging fruit of a lack of a hat etc.. While LEOs GWs do not know who the good guys vs bad guys are before contact once it is established their encounter is with a law abiding tax payer who pays his salary the citizen should be treated with the same respect as an employee treats his employer and discretion should rule the day. If you are courtious to a LEO ,GW the respect should be returned.Obviousy I do not know vintagehunter but my impressions from his posts I have read is that he a thoughtful and courtious "good guy" and I hope he can get this cleared up without to much cost orinconvenience.

Remember Game Wardens have the right to investigate on private property without warrants. all they had to have was somebody say hey i saw somebody go back there with a gun and they might be hunting, game over probable cause right there. As far as the arrest and confiscating of weapons to me it's bs but to them it's evidence.

At one time, I wanted to be a Game Warden. Sometimes I still think about it, not regretfully but becoming a deputy or something. But I've talked with quite a few of the younger ones coming in these days and frankly, they are a bunch of jerks. It's a real shame. I have a lot of respect for our state Game Commission. They manage a million hunters every year and still the state has one of the top three deer kills each year. I think only Texas and Michigan top us. Quality of racks has been low but they started a new policy about ten years ago that really seems to be helping.

They just stated doing stupid things. About 10 years ago, there was a story about a buck that wandered into town, got inside a store and got busted up pretty bad. So the police shot it. There was a fellow nearby that asked them what they were going to do with it and they were going to throw it away so he asked if he could have it. Newspaper picked up on it and ran a story about how this deer was going to provide food for this fellows family for a few months. He was so happy. He did not have a job at the time and food money was tight. Well, by now I'm sure you guessed it. Someone in the Game Commission read the newspaper and landing on this guy like a ton of bricks. Took the butchered deer away from him, fined him $500, yada, yada. Of course the **** hit the fan then, big media blitz and they backed off the fine but the meat was gone. Shortly after that, a big flock of turkeys was in the news. This family had been watching this flock of 40 turkeys for months. Game Commission came out, determined they weren't "native" and trapped and killed the entire flock. That was pretty bizarre. A year or so ago, there was an albino deer that was semi-tame and visiting an older woman and she was feeding it which she shouldn't have been, made the newspaper and you guessed it. The Game Commission put out a kill warrant on it because it was now a hazard. There was a bird that's next was destroyed and a couple nursed the baby to adulthood and left it fly around the house. Made the newspaper and BOOM, Game Commission and Police with a Warrant on her porch the next day. Took the bird to a shelter.

I guess the lesson here is don't ever tell the newspaper about a happy tale with our surrounding wildlife. You'll probably get arrested for it.

If I was in the same position I would make a profit. The GW was on private property. he had no jurisdiction. he was trespassing.

Game Wardens have jurisdiction over the entire state. They are allowed on private property.

I just can't get over the man was arrested and roughed up on his OWN property!! So what if he just wanted to check his land for poachers and brought his AR and 1911 with him? Does that give the GW probable cause? Maybe because he admitted to checking feeders the GW was able in his Power tripped mind to connect the firearms to hunting? Common sense is what's lacking these days..

I've been trying to post an update since yesterday morning but my goofy 'puter won't let me so here goes one more time.
Everything worked out ok, no charges were filed. I wasn't arrested for having the pistol on the seat on private land but rather on the suspicion it was there while I was on a public road. The GW claims he'd followed me at a distance for a couple miles from one tract to the next but lost sight of me around a curve when I turn off the state road onto my land, and since I was away from the jeep when he arrived he automatically assumed the pistol was in the seat the whole time. What the GW didn't see was me take the pistol out of the glove box when I got where I was going with the intention of carrying it with me to check a feeder but realized it was getting close to the end of legal shooting time so I thought it wise to leave it behind and left it on the seat till I got back. I tried to explain this several times but was told to shut up or I'd also be charged with disorderly conduct. All's well that ends well I guess.

I suppose but your story confirms my concerns that you/we are guilty until proven innocent even though as you said you left it in the truck to avoid the apperance of evil. Very glad it worked out for you.
I hope someone has a talk with the zelot.

Here in Canada we are also noticing people who carry a badge having a "we know everything and you know nothing attitude", the problem is it can cost a person a bucket of money to prove they are innocent.

Gone are the days of hiring people with common sense as todays hirees have been nurtured in a enviroment of left wing politics and the belief they are always right and never do anything wrong.

Your story is so typical and I am glad to hear all ended well...problem is the "game warden" won't get his butt bored and he should.

I'm glad it worked out for you. That is just plain bizarre. Why is it illegal to have the pistol beside you? And what jurisdiction would he have on that? That sounds like a police matter, not a conservation matter.

George Orwell, the new Nostradomis.

Good, at least now your time and money won't be wasted. It's still a disgrace...

Aragorn, on private land it isn't. Public land is a different story, even with a CWP it has to be concealed. I myself don't really understand how this thing got out of control the way it did. I was 100% legal. The pistol was in the glove box until I got to where I was going on my land. The gw tried to make a case on his assumption it was out while I was on public road. Don't know about other places but here law enforcement is well known for charging people with serious offences that would more than likely get thrown out of court if it went to trial but before that happens the arresting officer will appear to ''cut a deal'' with the guilty party if that party will agree to ''rat'' on others to smart of the LEO's to catch on their own so they use coercion and trickery to get the job done. I figure that's what this guy was up to. Wild hog hunting has gotten immensely popular in the last decade and there are people smuggling them in under the radar to boost the population in areas that have small or no native herds. This is highly illegal. Another thing is selling wild game. When a processor takes in a deer the only person who can legally pay for their services and take possession of the meat is the one who brought it in. If that person fails to pick up his deer and the processor then takes money from someone else then in the eyes of the DNR that's selling wild game and the fine is enormous.

Quote:

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Originally Posted by vintage hunter

I wasn't arrested for having the pistol on the seat on private land but rather on the suspicion it was there while I was on a public road.

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It would have been illegal for you to have a pistol on the passenger seat while driving down a public road?

Yessir It surely would be. In S.C. it has to be concealed in a glove box or console on public property if you don't have a CWP. If you hold a CWP you can conceal it on your person, but it has to be concealed in such a way as to be completely unnoticeable. That means no bulges, profiles or silhouettes through thin clothing. IMO, it's kinda hard for a man to legally carry anything but the smallest handgun concealed here in hot weather. There are a few ways to carry concealed in S.C. without a permit, one is if you are going to or coming from hunting or fishing, another is if you are carrying a considerable amount of money. this one sounds a bit tricky to me, nobody has ever been able to tell me exactly what the dollar figure is on a considerable amount. Right now a hundred dollars is a considerable amount to me.

I do not have a link handy to a good article about the recent battle in Mississippi but one should not be hard to find one. We have just ovecome the printing,partially concieled,inadvertant exposure nonsence that had been used to water down the right spelled out in the state constitution concerning 2nd ammendiment. Again Vintage I am truly glad you came out on top.

I'll have to check to see what it legal in a vehicle in PA. I never really looked into it much. We do have open carry and there was a huge stink about a woman that insisted on carrying a huge revolver on her hip while attending little league baseball games. The local authorities took the gun away from her and barred her from doing it again but it was overturned in court. I never could figure out why she insisted on keeping the firearm during a little league game but she was legal. If I remember correctly she was later shot with the very same handgun by her husband. Not positive on that but can't find any news links to it anymore.

What ever his probable cause was he'll have to articulate it in his report. It is likely he has a rather vague idea of what probable cause is, and this may be an opportunity to educate him on the provisions of the Constitution and state law. It is clear from what you reported here that he had already determined that he was going to make an arrest, and your explanation didn't persuade him otherwise.

The local police here are very poorly trained and they frequently "flip the script" and treat the person that called for police service as if they committed some offense, apparently to punish the caller for bothering the officer with their petty problems. Their methodology of conducting "investigations" is to try to instill fear and intimidate the people involved, with threatening questions like "have you ever been to jail?" As to the provisions of the Constitution and state law, violating civil rights and the penal code is justified as a means to an end. It's to the point the citizens in the community are better off if the police don't show up.

It is a general trend that the police prefer to make an arrest and let the court sort it out, rather than conduct an investigation and write a report, which they are incompetent to do. The City persecutor's offices prefer that reports have a minimum of information so that they can more easily get a filing on the case in the court, and they are always bragging in the press how high their percentage of won cases.

I would make it profitable. then the gw gets his due. attorney would jump on it.

Quote:

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Originally Posted by vintage hunter

In S.C. it has to be concealed in a glove box or console on public property if you don't have a CWP. If you hold a CWP you can conceal it on your person, but it has to be concealed in such a way as to be completely unnoticeable. That means no bulges, profiles or silhouettes through thin clothing.

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WOW! I have read that some state versions of CWP Law are "grudging", at best, but that is ridiculous. I hope that y'all can get your CWP Law cleaned up soon.

Thanks for the explanation & I am happy that the GW eventually backed-off.

"I do not consent to searches. Am I being detained? Am I free to go?"

"I do not consent to searches. Am I being detained? Am I free to go?"
+1 and an Audio recording device with you at all times....

Arado, I'd be interested in hearing how you'd make this profitable cause it's been my experience that you can't fight the law and win. Lawyers won't touch a case like this for love nor money. There were two of them and one of me and their word is gospel. The best one can do to defend themselves is be double damn sure you're 110% legal at all times, but even this is not bullet proof.
Clashes with the rabbit sheriff are nothing new to me, they been going on from time to time since I was 13 or so when one came to the house on a Sunday morning and told dad he had to charge me with trespassing to hunt. Well ole dad wasn't no dummy and asked the GW to show him where the property was I had trespassed on. That poor fool GW didn't know whether to s%@t or go blind when he learned it was dad's land I was on.

I think I'll just stay hid in the foothills:

https://www.milsurps.com/images/impo...2a2c8eb9-1.jpg


And keep an eye out for the revenuers...

VINTAGE HUNTER
My Brother in law who was a LEO had a run in with a GW. Took the ticket to court. Judge told the GW " if you can teach the turkeys where the property line is they will be completely safe."

I thought if the guns were the issue and would be used as evidence you would not get them back so why did they give them back ? They usually make it very hard to get your property back .