Lawfully possessed firearms confiscated in Tennessee

[Underground]

Unless there is something this gentleman is just not revealing, this appears to be a disturbing violation of state and federal law.




Naming names: 2nd update on the gun confiscation incident in TN
September 24, 2010 by alarmrideratl

As promised, here is an update on the situation I posted about a few months ago in which an RTC’er was harassed and had two of his guns confiscated by the TN highway patrol as he travelled from the 4-19 rally in Virginia back to his home state of Colorado. Below is from the victim himself (hyperlink added by me):

My name is Dan Howley and as you have requested, here is a summary of what happenned to me in Tennessee on my way home from the Restore The Constitution Rally at Gravelly Point Virginia.

As we (my Wife and I) were travelling through Tennessee, we were stopped by a Tennessee State Trooper (Officer Michael Loftis, Badge #331), because the tinting of the windows on our vehicle was too dark. After checking my license, registration and insurance and verifying that they were up to date, Officer Loftis then asked with no probable cause, if I had any drugs or weapons in the car. I told Him no drugs, but that I did have a pistol in a locked box, locked in the trunk of the car. Officer Loftis asked me if I had a permit for the pistol, and I said No, that permits were not necessary in Colorado except for the CCW. His response was that we weren’t in Colorado, we were in Tennessee and that in Tennessee, permits for handguns were required. (Permits to “CARRY” handguns are required in Tennessee-but there are NO permits required to POSSESS handguns, rifles or shotguns in Tennessee).

Officer Loftis then told me to exit the vehicle and open the trunk. After I complied and opened the trunk, Officer Loftis could plainly see that it was EXACTLY as I had said. Officer Loftis then told me to unlock the guncase and then told me to step away from the vehicle. I informed Him that the reciept for the pistopl was in the guncase and I reminded Him that no permits are required in Colorado exept for the CCW.


Officer Loftis asked me where I was coming from, and I told Him Washington DC. Officer Loftis asked me, “What the heck would you want to go there for?” So, I explained to Him that I work for a radio station (Freedomizer Radio), and that we were covering the Tea Party Rally in Washington DC on April 15th, and the 2nd Amendment Rally at Gravelly Point, Virginia on April 19th. Officer Loftis then asked, “Oh, you mean that park that’s right across the Potomac from Washington?” And I answered with “Yes.” Officer Loftis then asked me “Why would you take a handgun to an event like that?” And I answered ” the 2nd Amendment Rally at Gravelly Point was an ‘open-carry’ rally, and since I believe in the 2nd amendment, even though I was with the press, covering the rally, I wanted to show my support to the participants, by wearing my firearm as well, but that the handgun NEVER entered Washington DC, It stayed in Virginia which is an ‘open-carry’ State”

Officer Loftis then took the guncase and it’s contents back to his car to check it out. When He returned, He told me that He was going to have His dog check out my car and if His dog indicated that there were drugs present, Officer Loftis was going to search my car.

At that point I informed Officer Loftis that there was also an un-loaded rifle in it’s case in the trunk. He wanted to see it as well. I pointed to where He could locate the case, and when He removed the un-loaded rifle from it’s case (AK-47 semi-automatic rifle), Officer Loftis said “You can’t even have one of these!”. I reminded Him that, yes you can, and that I bought it from the same store that I bought the pistol at, and that the reciept for the rifle was in the pistols’ case as well.

Officer Loftis then brought His dog, and the dog hopped up with his forepaws on the rear bumper, sniffed the trunk briefly, and lost interest, the dog then walked over to the passenger window, hopped up with his forepaws on the door, sniffed at my Wife, and lost interest, then the dog walked around to the driver-side window, hopped up with his forepaws on the door, sniffed andlost interest, and then the dog returned to Officer Loftis’ vehicle and got back in. In spite of His dog’s apparent lack of interest, Officer Loftis claimed that His dog indicated that there were drugs in the car and that He was going to search the vehicle.

With no mention of my being under arrest, or that I was being detained, Officer Loftis then searched me, and found nothing, then Officer Loftis told my Wife to exit the vehicle, and He searched my Wife (can He do that?) and He found nothing, then Officer Loftis searched my Wife’s purse and found nothing. About that time, Officer Loftis’ partner showed up (His partner was down the interstate about 1/2 mile involved with another motorist), and Officer Loftis had his partner search the trunk and our luggage, etc. Officer Loftis searched the passenger portion of the vehicle and found nothing except for the “Restore The Constitution” plackard that I had obtained at the rally, and spent quite awhile perusing over that plackard. The Younger Officer, Michael Robertson, found the ammunition for the rifle, (approx 1100 rounds) which was still wrapped in plastic and in a box and separated from the rifle which had been in it’s case, and the search was over. Officer Loftis asked me why would I be carrying that much ammunition in my car and I told Him that there were rumors afloat that, at the 2nd Amendment rally, some really bad people were likely to show up and cause problems of Dangerous or even Life-Threatening Proportions, and that IF that were to happen, and IF the Law Enforcement Officers in attendance were “Overwhealmed” by an attack of that magnitude, I felt it was my “Civic Duty” to stand with and assist the Law Enforcement Officers in any way that I could. But no trouble presented itself, so the rifle and the ammunition STAYED IN THE TRUNK, and was on it’s way back home to Colorado, PEACEFULLY. Officer Loftis was at that point, going to take my property and write me a citation, but He didn’t even know what to charge me with. So He called His Sergeant out to where we were, and His Sergeant told Him to charge me with Un-Lawful Possession of Firearms (2). So, that’s what they did. I was charged with Un-Lawful Possession of Firearms (a handgun and a rifle) and my property was consfiscated.

I was given a citation for Unlawful Possesion of a Firearm, a Reciept for the Property that was confiscated, the Store Reciepts for my firearms, My Rifle Case, and a warning for the tinted windows, and then I and my Wife were allowed to leave and resume our travel back to Colorado.

This is the chronological order of what happenned and what was said to the best of my reccollection. I hope this was helpful and useful information, and by all means, if you have any questions, please feel free to call me at any time. Thank You for Your Time and Thank You for Your Interest.


Sincerely,


Daniel (Dan) Howley




More to follow. All I have to say right now is that Loftis’ middle initial appears to be “G”

[fl0at]

Hm, maybe when McWherter was rambling on about police officers being allowed to carry because of their "training" and their "profession," maybe someone should have asked him if ignorance of the law was also apart of it.

Could be a good followup for Haslam.

Of course, I support a school for our law enforcement officers where they can become up to date with current law (I mean 39-17-1308 is from what, the 90s?).

Maybe we can call it: The Tennessee School For Law Enforcement Who Can't Read Good And Wanna Learn To Do Other Stuff Good Too.

Ahhh, humor. It is all I have left after reading the above.

[mcgyver210]

WOW that is a real case of abuse under the color of authority. I would definitely file a complaint & make Officer Loftis & his Sergeants abuse of his rights as public as it could. I would also demand proof of the dogs supposed hit which obviously was a LIE & the officer was abusing the law to perform an illegal search.

If this story is true the officers involved don't deserve to wear a BADGE.

[RobertNashville]

[fl0at]