Desperately Seeking Guidance

[GoNuts]

What is the name of your state (only U.S. law)? - PA

So, earlier today I woke up as I always do, went work as I always do, and returned home as I always do. On my way home I was really dazed from work and was cruising at 50 or so, rather slow for the area which is a known speedsters spot. A few cars weaved past me but I paid no attention to it.

A few hours after I had arrived home I was visited by a state police officer, who asked me if I knew anything about a traffic incident. I told him I didn't. He continued to question me, I kept telling him I had no idea what he was saying, and finally he says that three teenagers stated to him that I pointed a gun at them while I was driving.

I'm 29, I have no prior history with the law ever, I work a good job, am about to buy a house, and consider myself a generally normal person. The idea that I would do this is insanity.

I have watched various videos online about dealing with police as I have a few friends that have in the past. I quickly told him I didn't want to answer anymore questions and denied him the right to search my vehicle. He immediately spun me around, handcuffed me, and put me in the car.

We go to the station, I sit for a while, being told by other policemen, "We have no idea why he even brought you in here..." and other than the tight restraints, being treated rather well.

After about twenty minutes, they finger print me, and tell me i'll get a letter with the criminal report, and let me go.

I do own a gun, as almost everyone in my area does. Southwestern PA is well known as a popular spot for gun enthusiasts. It was in my car, and it was loaded. But it was in my backseat under the seat. I do not have a concealed weapons permit, something I was not even aware was required until today, to transport a loaded gun. I bought the gun and got no information on any restricting laws whatsoever.

So I beg you, many wise sages of this forum. What do I do from here?

They had mentioned something about only misdemeanors but maybe a felony because the gun was loaded. Then he trailed off and walked away.

They thanked me many times for my cooperation and shook my hand as they let me out the front door.

I'm so confused, please dear God save me.

 

[OHRoadwarrior]

You continue exercising your right to remain silent. Consulting a lawyer might be a good idea.

 

[Eekamouse]

Really dazed from work? What? Were you intoxicated? Stoned? A few cars weaved past you? They must have been wasted, too, huh? Your story does not seem very legit.

 

[GoNuts]

Really dazed from work? What? Were you intoxicated? Stoned? A few cars weaved past you? They must have been wasted, too, huh? Your story does not seem very legit.

I suppose dazed may not have been the most eloquent word choice. I was tired from having only a few hours sleep and then working all day. I made no statements about the other drivers on the road, one of which whom has accused me.

While I appreciate any advice, I would greatly appreciate it if you didn't jump to any conclusions. A large portion of your reply is mostly conjecture, and then a conclusion based on your own conjecture.

 

[Ohiogal]

I suppose dazed may not have been the most eloquent word choice. I was tired from having only a few hours sleep and then working all day. I made no statements about the other drivers on the road, one of which whom has accused me.

While I appreciate any advice, I would greatly appreciate it if you didn't jump to any conclusions. A large portion of your reply is mostly conjecture, and then a conclusion based on your own conjecture.

Quite frankly, you committed at least one crime. You had a loaded gun in your video that was hidden. How would strangers on the road know to choose you as someone who would be carrying a gun and accuse you of pointing a gun at them? Not everyone in SW PA owns a gun nor does everyone carry a loaded gun in their car. The fact that you are an irresponsible gun owner is not the fault of the police, the seller or anyone else. That is squarely on your shoulders. Being that irresponsible makes you dangerous.

 

[swalsh411]

If you're going to own a gun then you are responsible for knowing the laws regarding transport. It is not the gun store's job to educate you.

P.S. Open carry (on your person but not concealed) is legal in PA with no permit. So if the gun had been in a holster on your hip but not hidden, you wouldn't be facing a gun related felony.

 

[dave33]

Please dear god save me ? C'mon now, you are not yet in trouble. You have been questioned and released, not charged. You have handled the situation exactly as you should have. It seems the police need you to admit to the crime. At least so far the investigating officer did not think enough evidence exists to charge you. If questioned again, remain silent and request an attorney.

 

[Eekamouse]

You're the one with the poor choice of words. The other drivers did not just pick you at random. If they did, they should really consider playing the lottery since they accused the one guy on the road who just happened to have a loaded gun stashed in his car. Did the cops take your gun?

 

[OHRoadwarrior]

You need to provide more information. We often get people fishing to get information without presenting the truth. On the basis of the info you provided, exercising your right to remain silent and consulting a lawyer if charged are about all you can do. No one is going to suggest you knock off the witnesses for the prosecution if it comes up. Soooo is there more to it? Did the car get searched? Was the gun found? What other relevant info is there?

I suppose dazed may not have been the most eloquent word choice. I was tired from having only a few hours sleep and then working all day. I made no statements about the other drivers on the road, one of which whom has accused me.

While I appreciate any advice, I would greatly appreciate it if you didn't jump to any conclusions. A large portion of your reply is mostly conjecture, and then a conclusion based on your own conjecture.

 

[tranquility]

The police had witnesses who were willing to be identified (aka "reliable" witnesses) who gave enough information to the police to track down the OP to his home. The police came to the house with probable cause to believe the driver of the vehicle committed a felony. Could they arrest the OP inside his house? No. They would need a warrant, consent or exigent circumstance to enter the house. However, the OP, either willingly opened his front door (in some circuits) or asked the police officer in or stepped out on the front porch to talk with the officer. Most likely the OP stepped outside to talk as officer are trained to do that. Once in a public place, the officer had a right to arrest the OP if he had probable cause.

The probable cause would be built on the OP matching the description of the driver of the vehicle, the admission he was recently driving and the fact of the identification of the vehicle by the reliable witnesses. I think that is easy probable cause.

As to the search of the vehicle, a vehicle is inherently moveable and all the police would need is reasonable suspicion to search it. Having the person driving a vehicle alleged to point a firearm at another vehicle would certainly be enough if the police caught up with the vehicle contemporaneously. That the search happened hours after the alleged incident would attenuate the reasonable suspicion somewhat and I am uncertain as to if there could be a valid search of the vehicle absent a warrant, consent, or the officer developing additional information during the interview. Since the OP did not supply any information about the search so we can't really guess if the search is good.

I agree with the others. Shut up and talk only to your attorney. It is almost assuredly what you have said that finds you in this situation. (Along with the accusations against you, of course.)

 

[GoNuts]

I can't begin to thank all of you enough for your information and perspectives. They did take my car to search but have told me it will be days until they complete the search, which I didn't understand.

To the lot of people who seem to troll these forums waiting for nothing more than to spout negativity, I'd suggest finding a more positive outlet for your frustrations. To compare the odds of finding someone on the road who owns a handgun to the odds of winning the lottery is childish and exemplary of either poor understanding or poor mathematical skills.

I admit it I am guilty of not knowing I needed to have a concealed weapons permit to have the gun in my car. How it is entirely my fault is somewhat reaching however. I was able to purchase the firearm from a reputable dealer after passing a background check. If you buy a compressed gas or dangerous pet you the seller gives the buyer a clear understanding of how they need to proceed to comply with all legal regulations. In the case of a weapon, which is far more dangerous, anyone can walk into a store and purchase one without being given any guidelines on its legal ownership. I brought up this point at the police station and various officers informed me that they have been pushing the ATF to include some sort of documentation with each firearm sale.

And to the statement that my "irresponsibility" makes me dangerous, I can only say that your statement reflects perspective from your personal standing and not a universal one. Not knowing something makes a circumstance dangerous, not a person. I work in IT and often find users of our systems that are unaware of proper practices and procedures when dealing with certain system components. Their lack of knowledge can be dangerous to the system and they can harm it irreparably. This does not mean that the actual user is dangerous of malicious in anyway. They simply don't know the rules and regulations. They are not common knowledge and they were not forced to learn them to use the system. I can't blame the users for not knowing information I never gave them nor consider them a danger when only if they are at the right place with the right circumstance could they ever possibly do any damage.

Is anyone aware of the standard time frame to actually receive the charges in writing or know exactly the state of affairs? I was given no paperwork and no information. I called today and was told they basically had no information to give me. How can this be possible?

Again, thank you all for your information and advice, I truly appreciate it. I will seek an attorney's advice before the day is out.

I wish you all the very best in your lives and endeavors.

 

[Ohiogal]

Funny since I grew up with guns and was taught to shoot a .45 and .357 when I was seven years old. Oh yeah, and I grew up in Southwestern PA. My opinion holds. YOUR stupidity and irresponsibility is DANGEROUS.A computer does not normally KILL someone if misused. Misuse of a gun does. It leads to the stupid handler killing someone. Someone stupidly handling a computer doesn't lead to death in more cases.

 

[tranquility]

In addition to the attorney, you should probably stop posting more admissions as well. The only problem I see with events is the search of the vehicle. If they have your admission you had an unpermitted firearm in the vehicle, I don't see the search as being that big of an issue any longer. No one knows how long it takes to notify you of charges. If just for the firearm, probably a few weeks. But, the police are also showing the victims a "six-pack" of pictures with yours included. (Spot 5, just saying.) If any of them identify you, it may take a bit longer to complete the investigation.

 

[tranquility]

Funny since I grew up with guns and was taught to shoot a .45 and .357 when I was seven years old. Oh yeah, and I grew up in Southwestern PA. My opinion holds. YOUR stupidity and irresponsibility is DANGEROUS.A computer does not normally KILL someone if misused. Misuse of a gun does. It leads to the stupid handler killing someone. Someone stupidly handling a computer doesn't lead to death in more cases.

A .357 as a 7 year old? Yikes, I hated shooting those as an adult. They hurt. A .45 can be so smooth that as long as the arms remain locked, no problem. But the magnums always hurt. You must have been a tough little girl.

 

[Ohiogal]

A .357 as a 7 year old? Yikes, I hated shooting those as an adult. They hurt. A .45 can be so smooth that as long as the arms remain locked, no problem. But the magnums always hurt. You must have been a tough little girl.

My father helped me shoot them by steadying my arms and standing behind me. I was never allowed to handle a gun at that age without proper supervision. I was taught real early that guns were NOT toys and were to be treated with respect and I didn't respect the gun, I had no right to own one or be around one. Guns should always be stored properly and unloaded. The safety should be on when loaded and NOT being fired. They shouldn't kept under the back seat of a car when a bad jarring could cause them to go off.