"They said they had no criminal intent and were just looking at the BB gun," DeSpain said.
The three backseat passengers, one 17-year-old and two 18-year-olds, were cited for unlawful use of a facsimile firearm. The 16-year-old driver was cited for a red signal violation and operating without a valid driver's license. The 17-year-old front seat passenger was not ticketed.
I guess why wouldn't the have RAS? It seems like a good stop to me. 167.31 only allows unloaded, encased firearm in a vehicle. Since it looks like a firearm and isn't in a case, reason to do a stop.
Firearms need to be unloaded and encased while in a vehicle. A firearm is defined as using gunpowder to propel the projectile. A BB gun is not a facsimile, unless it would be used to impersonate a gun when committing a crime. Was a crime committed?
I guess why wouldn't the have RAS? It seems like a good stop to me. 167.31 only allows unloaded, encased firearm in a vehicle. Since it looks like a firearm and isn't in a case, reason to do a stop.
Sure it seems like a good stop but what ever happened to "Hey kids you can't have that in view in the car, you're likely to spook some people, put it in the trunk until you get home." ?
Rediculous.
A good stop? What grounds did they have for holding the occupants at gun point? What possible violations of the law did the police have reason to suspect? 1) Running a red light. (Which I dare say hardly merits being held a gunpoint. or 2) A possible violation of improper transport of a weapon-- a civil forfeiture with a maximum of a 100 dollar fine, and not an arrestable offense.
The devil's advocate might suggest a third suspicion: carrying a concealed weapon. However nobody reported observing a weapon being concealed, they reported a visible "weapon."
A legitimate traffic stop + a credible report of weapons in the car. I won't comment on the validity of the charges but criticism of the MPD for the conduct of the stop is unwarranted and stupid. If you kneejerk complain about any action of the police just because a (perceived) firearm is involved, nobody is going to take you seriously. There are enough instances of truly bad LEO conduct. Don't water those down by whining every time you feel motivated. If think the incident was wrongly handled please provide the stepwise scenario that you would have followed. Sometimes I think that some prominent posters must be WAVE moles. It is loyal and supportive of the "cause" to correct, chide or call out posters when the situation warrants. Groupthink and the party line are the stuff of anti-RKBA types, not us.
The madison PD and UW PD did the right thing on this one. THANK YOU for keeping us and yourselves safer!
Lets save the "armchair quarterbacking" for the superbowl!!