A really bad day (long)

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Flatland2D
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A really bad day (long)

#1

Post by Flatland2D »

Here's an example of how a couple bad mistakes can all combine into one bad day. I think it's a pretty funny story now that it's over, but I wasn't laughing at the time.

I am a member of the AK-47.net forums. They were having a "shoot" for all the members to come out to somewhere near College Station and blast away at junkyard cars, explosive targets, and anything else worth a bullet. Lot's of people ended up going, but I never made it as you'll see.

I started the morning early, probably around 6am or so (considering I was 19 at the time, that was really early). I loaded up my Toyota Corolla with my SAR-1 (a Semi-Automatic Rifle that "looks" like an AK-47 ;-) ) plenty of ammo, food, and drinks. Off to the gas station I went to fill up for the drive. I was departing from Kyle, just north of San Marcos.

While at the gas station I bought some ice for my drinks. I set my keys down while I emptied out the ice into my cooler in the trunk. Closed the trunk and was ready to go, except... "where are my keys?"

After checking all the doors and finding they were all locked, I called up AAA which I was fortunate enough to have a policy with. About an hour later the locksmith shows up and gets my driver's side door open. He said he wanted to stay until I had my keys out of my trunk. I started to get worried because I was familiar with Texas law that it was not ok for me to have my rifle in my trunk at the gas station (I have since learned that there could be exceptions, such as in my case, where one would be traveling). I had to lie to the locksmith that the trunk release was broken (because I did not want to expose my gun) and crawled into the trunk from the fold down rear seats. After about a minute of feeling around (it was too dark to see anything) I found my keys. The locksmith was now satisfied and drove off. I thankfully got in my car and was finally on the road.

I was heading up I-35 just a little behind schedule but happy to be on my way. No more that 5 minutes after leaving the gas station my car started shaking and died. I was able to make it over to the right hand shoulder so I wasn't blocking traffic. I couldn't get the car to start up. Once again I called AAA and requested a tow truck.

I was sitting in my car for a few minutes when a Hays County cop pulls up behind me. He asked if everything was ok and I explained the situation. Knowing I had everything under control, he drove off.

Maybe 10 minutes after he left another Hays County cop pulls up and asks the same question. Although this time he asks if I had any firearms in the car. I think I had left the paper that said "Directions to the shoot" exposed on the passenger seat, so maybe that tipped him off. I didn't know any better and wasn't about to lie to a LEO, so I told him I did. I was very discrete about my rifle, calling it a "SAR-1" and that it was a semi-automatic rifle, really avoiding the name for it's "evil" fully automatic version.

He asked me to step out of my car and asked if he could take a look. Before I knew it, I was standing on the side of I-35 with three cop cars behind me, all with their lights on. One cop stood with me and tried making some small talk and such. The other two opened my trunk up and inspected my gun. They held it up in the air and were looking at it like they've never seen such a thing before. I can only imagine what the traffic passing by just a few feet away were thinking. I was actually able to crack a smile about this while I watched them. They called in the serial numbers to make sure it wasn't stolen I guess.

One of the cops noticed the Miller Lite styrofoam beer cooler I had my drinks in. He asked if they could look inside. Being that I was 19 I think they were hoping to find all sorts of alcohol in there. They opened it up and found... Country Time lemonade (I don't drink alcohol, and yes, I like lemonade). I obliged to that search just to see their reaction. :grin: They eventually took off and gave me a warning as proof to show any other LEO's that my civil liberties had already been trampled on.

About another hour after I called the tow truck finally arrives. I didn't know where to have it towed to so I had him take it to the closest mechanic. My girlfriend's dad (now father-in-law) showed up to help me with my car and see if there was any way to revive it. Turns out it was completely dry of oil. And I do mean completely dry, four quarts went it and it barely showed up on the stick. Thinking back I'm amazed the car ran for as long as it did. It was a nice little car.

By now it was only about 10am and it felt like I had already been through an entire day. I went back to my girlfriend's house and took a nap, then spent the rest of the day looking at eBay and AutoTrader for a new car. I didn't end up buying one until seven months later. I was living in a dorm and didn't need transportation until summer and I started working again.

My father-in-law will never let me hear the end of this one. I now check my oil religiously, usually several times a week.

Now that I've gotten it all out, I guess there are two things I learned. Always check and change your oil. Cars are expensive. Second, never consent to any kind of search by a LEO. I now know that I could have declined to answer the cop's question about having guns in the car, make him wait around to get a warrant, only to find nothing illegal. I'm sure he would have made it a pretty long day for me, too. Small town cops have nothing to keep them busy.

Anyway, just thought I'd share one of my stories here. I hope everyone can find some humor in reading it.
Last edited by Flatland2D on Wed Apr 19, 2006 7:58 am, edited 1 time in total.
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stevie_d_64
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#2

Post by stevie_d_64 »

When it rains...It Pours!

I think you handled yourself very well considering all that you had going on that day...

We've all been there...I remember 19...Interesting year...

Do you have a rifle case??? Or some other way to wrap that puppy up when traveling like that???

I also think you did good to have information on the "shoot" that you were attending...
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John
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#3

Post by John »

Educate me. What was the issue with you having a long gun in your trunk? Is it that you have to be 21 (I thought long guns were ok at 18)? What was the warning ticket for? Oh, and check your oil :razz:

It does sound like a bad day, we all have them from time to time. If it's any consolation, I wasn't very good about oil changes when i was your age, and had to learn how to rebuild an engine as a result. I could blame it on the early 80's GM V6 engines, but it was my fault too for not doing oil changes often enough.
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Flatland2D
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#4

Post by Flatland2D »

stevie_d_64 wrote: Do you have a rifle case??? Or some other way to wrap that puppy up when traveling like that???

I also think you did good to have information on the "shoot" that you were attending...
I think I had just wrapped it up in a towel, my ghetto soft case at the time.

If I got into trouble for anything (like a rifle at the gas station) I was hoping the directions and information about the shoot, as well as a cooler full of food and drinks, would establish that I was traveling. I didn't realize this beforehand (never even imagined anything like this would happen) but now I think it would have been a pretty good defense.
John wrote:Educate me. What was the issue with you having a long gun in your trunk? Is it that you have to be 21 (I thought long guns were ok at 18)? What was the warning ticket for?
There wasn't anything wrong with the long gun in the trunk except for the hour I was at the gas station. "Traveling" is so iffy I didn't want to take a chance explaining the situation to a LEO.

The warning ticket wasn't for anything I was told. Just a signed piece of paper from a cop to show that I had already been visitied.

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#5

Post by John »

Flatland2D wrote:
There wasn't anything wrong with the long gun in the trunk except for the hour I was at the gas station. "Traveling" is so iffy I didn't want to take a chance explaining the situation to a LEO.
hmmm... I didn't think a long gun the trunk would fall under the category of having a concealed weapon in your vehicle. How would anyone go to the range or hunting if that is the case. I am assuming that it wasn't loaded and that your trunk is not within your reach while driving. Actually, I thought it was OK to have a loaded long gun in your vehicle and in plain sight (unless you are hunting). I'm kind of tired of hearing about weapons being checked and verified that they are not stolen when your only action is to be stopped for speeding, or in your case, stalled on the side of the road. Maybe I'm still to upset/sensitive over the "New Orleans' confiscation" thread. It reeks of warrantless search and seizure to me. Am i way off base here?

One more question... What does being at a gas station have to do with anything? Am i missing something here? Flatland... I'm not picking on you or anything, just trying to understand the issue.
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Charles L. Cotton
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#6

Post by Charles L. Cotton »

"Traveling" isn't an issue with long guns. There is no general prohibition against "carrying" a long gun as there is with handguns (SeeTPC 46.02.)

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#7

Post by Flatland2D »

John wrote:One more question... What does being at a gas station have to do with anything? Am i missing something here? Flatland... I'm not picking on you or anything, just trying to understand the issue.
A gas station sells alcohol and the unlicensed possesion of a handgun on premises is illegal. Until Mr. Cotton cleared this up I thought for some reason it applied to all guns. Guess I just never thought about it.

After the fact, I was a little upset that the cops thought they could get their dirty little hands all over my gun. I didn't think much of it at the time and the general intimidation factor of a LEO prevented me from saying "no" to a search. I've since researched this stuff a lot more and consider myself much more educated on the subject than I was at the time, though I still have more learning to do. They didn't have any probable cause to think my rifle was stolen and I had a perfectly good story about what I was doing and where I was going. No reason for suspicion IMO.

I knew at the time the cops came by I was 100% within the law and wasn't worried about a search, so I was confident in letting them do so. I've since heard stories where the previous owner of a car was a drug addict and left stuff behind, then the new owner of the car gets the blame for it. No reason to take that chance by consenting to a search.
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#8

Post by stevie_d_64 »

Flatland2D wrote:
John wrote:One more question... What does being at a gas station have to do with anything? Am i missing something here? Flatland... I'm not picking on you or anything, just trying to understand the issue.
A gas station sells alcohol and the unlicensed possesion of a handgun on premises is illegal. Until Mr. Cotton cleared this up I thought for some reason it applied to all guns. Guess I just never thought about it.

After the fact, I was a little upset that the cops thought they could get their dirty little hands all over my gun. I didn't think much of it at the time and the general intimidation factor of a LEO prevented me from saying "no" to a search. I've since researched this stuff a lot more and consider myself much more educated on the subject than I was at the time, though I still have more learning to do. They didn't have any probable cause to think my rifle was stolen and I had a perfectly good story about what I was doing and where I was going. No reason for suspicion IMO.

I knew at the time the cops came by I was 100% within the law and wasn't worried about a search, so I was confident in letting them do so. I've since heard stories where the previous owner of a car was a drug addict and left stuff behind, then the new owner of the car gets the blame for it. No reason to take that chance by consenting to a search.
I think you had the correct concerns considering where you were at the time...

As far as I know, business establishments have been robbed with all sorts of "weapons"...

Everything from pistols, to rifles, including hypodermic needles and bad breath...

So I think for all intensive purposes, you now know that you need to keep up the maintenence on your vehicle...check...Got that covered... :lol:

Get in the habit of clipping your keys to a belt loop (if not anything more than just a temporary thing to clear the hands for any fumbling you have to do)...Those nifty spring loaded caribeners work pretty good...That covers that deal...

You'll find that most of this helps you in the future, because most things that become an automatic function in your life, really help you keep hands and your head clearer when you factor in carrying a firearm on your person for lawful purposes...

"Preparation and Perseverance always win over Procrastination and Paranoia."

Thats a Stevie-D original quote...
"Perseverance and Preparedness triumph over Procrastination and Paranoia every time.” -- Steve
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#9

Post by Paladin »

stevie_d_64 wrote: "Preparation and Perseverance always win over Procrastination and Paranoia."

Thats a Stevie-D original quote...
And a good one! :cool:
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#10

Post by stevie_d_64 »

Paladin wrote:
stevie_d_64 wrote: "Preparation and Perseverance always win over Procrastination and Paranoia."

Thats a Stevie-D original quote...
And a good one! :cool:
Pretty soon my posts are going to be nothing but a bunch of "signature" lines... :lol:
"Perseverance and Preparedness triumph over Procrastination and Paranoia every time.” -- Steve
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