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Suppressors US Army Property

TXCOWDOC

Sergeant
Full Member
Minuteman
Jan 18, 2010
147
0
50
Aggieland (College Station, TX)
A relative of mine (we'll refer to him as douche bag or DB) was borrowing his father's truck and was pulled over by a deputy sheriff. Truck was searched (becasue DB has every appearance of an offender. Even talks like one). Deputy finds the US Army issue 1911A1 45ACP that DB's father has carried every since Korea. Deputy indicates that the pistol is US Army property and threatens to confiscate it. Fortunately, DB somehow got out of it and the pistol remains in the family. We all know that many USA issued weapons never made it back to the armories. Should I consider it a lucky break that the pistol was not confiscated? If it was what would the sheriff dept do with it?
 
Re: US Army Property

You need a lawyer, but your friend needs one even more if a cop actually searched his vehicle because he "looked" like an offender.
 
Re: US Army Property

Just because it says US Army Property on it does not mean that it is stolen or that it is not legal to own. If the cop had taken the pistol, it likely would have been returned. If you haven't noticed the army doesn't use 1911s anymore so, the ones they had were either sold through outlets like the CMP or cut up and destroyed. In any case, if the pistol is in decent shape, it should probably taken better care of than riding around in a truck. That's what Glocks are for.
wink.gif
 
Re: US Army Property

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RADcustom</div><div class="ubbcode-body"> In any case, if the pistol is in decent shape, it should probably taken better care of than riding around in a truck. That's what Glocks are for.
wink.gif
</div></div>

Agreed. That's why it's in a safe now
smile.gif
 
Re: US Army Property

I am not sure how that works, but I'd be pissed if one of my DB relatives was riding around with my grampas US Property marked 1911. Glad it worked out, as I have lost several firearms over the years to worthless people.
 
Re: US Army Property

The cops a dick for trying to play the "property of the us army" card.
 
Re: US Army Property

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TX COWDOC</div><div class="ubbcode-body">A relative of mine (we'll refer to him as douche bag or DB) was borrowing his father's truck and was pulled over by a deputy sheriff. Truck was searched (becasue DB has every appearance of an offender. Even talks like one). Deputy finds the US Army issue 1911A1 45ACP that DB's father has carried every since Korea. Deputy indicates that the pistol is US Army property and threatens to confiscate it. Fortunately, DB somehow got out of it and the pistol remains in the family. We all know that many USA issued weapons never made it back to the armories. Should I consider it a lucky break that the pistol was not confiscated? If it was what would the sheriff dept do with it?
</div></div>

Where did he get pulled over?
 
Re: US Army Property

Most vets ground it off of the slides.... The batch of 40x 22 trainers the CMP put out were USMC and other branch marked. Sheriff doesnt know what hes talkin bout.
 
Re: US Army Property

Sounds like that Cop needs to further his education, the old disease of 'Often wrong, never in Doubt" comes to mind. It's douches like that that give other Officers a bad rep. My all time favorite is a cop trying to play the "I'm a retired CSM" role. After telling me that Enlisted personell couldn't carry a concealed weapon. Then I asked politely what Unit he was in and when. Deer in the headlights after that and an apology from his Superior. Glad the 1911 wasn't taken though.
 
Re: US Army Property

just about every magazine i have say something to that effect as well as my scope mount that i bought directly from smith enterprises. should i be concerned? id say the db was the cop, maybe im a bit jaded.
 
Re: US Army Property

First, we are assuming that we are getting the story as it happened, not biased in favor of the DB relative. If so we have a couple of points here.

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TX COWDOC</div><div class="ubbcode-body">Truck was searched (becasue DB has every appearance of an offender. Even talks like one).</div></div>

A vehicle cannot be searched based solely on the apperance of the diver. However very frequently the appearance, demeanor, smell and actions of the driver add up to what we lovingly call "Reasonable Suspicion". Now the OP doesn't mention if the truck was searched based on consent or probable cause. I would bet a chunk of change that it was consent.

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TX COWDOC</div><div class="ubbcode-body">Deputy finds the US Army issue 1911A1 45ACP that DB's father has carried every since Korea.</div></div>

Apparently there was a break down in common sense here. I frequently keep weapons in vehicles. I make sure I remove them when the vehicle removes my control. This includes loaning it out or leaving it for service.

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TX COWDOC</div><div class="ubbcode-body">Deputy indicates that the pistol is US Army property and threatens to confiscate it.</div></div>

This is most likely one of two things. Either the Deputy is a moron (possibly). Or more likely it's a bluff. Bluffs are used quite frequently to either achieve the attitude adjustment that was desired or to prevent future activity (i.e. a dumbass with a pistol).

I have at least one rifle marked "US Property" and many other items marked US or Government Property. All are legally owned and were properly transferred from the Gov to me through DRMO, CMP, etc. For the Deputy to confiscate the weapon for anything more than a "safety hold" the owner would have to be charged with a crime. For the forfeiture to be permanent he would have to be found guilty. To be found guilty there would need to be some record that the property in question was not properly released from government control. In the case of a Korean war era 1911, this would probably take some detective work. Not something a county prosecutor is likely to want to pursue unless someone was a dumbass and got nipped for another charge as well (like transporting narcotics, etc.).

None of the above should be construed as legal advice and all is given from the viewpoint of a sworn officer in the great state of Indiana. Texas law may be more restrictive on what officers can and can't do. (State's Rights).

Lastly, NEVER, EVER assume you know more about your rights that the officer unless you ACTUALLY DO and can state in a court of law. Almost 99.99% of the time when I hear "I know my rights" it's usually followed by some of the stupidest shit I have ever heard and in no way, shape or form reflects the intent or words of the Bill Of Rights, US Supreme Court or State and Local Case Law.

Exercise your Rights. Just make sure you know what they are first.
 
Re: US Army Property

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body">First, we are assuming that we are getting the story as it happened, not biased in favor of the DB relative. If so we have a couple of points here.

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TX COWDOC</div><div class="ubbcode-body">Truck was searched (becasue DB has every appearance of an offender. Even talks like one).</div></div>

A vehicle cannot be searched based solely on the apperance of the diver. However very frequently the appearance, demeanor, smell and actions of the driver add up to what we lovingly call "Reasonable Suspicion". Now the OP doesn't mention if the truck was searched based on consent or probable cause. I would bet a chunk of change that it was consent.

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TX COWDOC</div><div class="ubbcode-body">Deputy finds the US Army issue 1911A1 45ACP that DB's father has carried every since Korea.</div></div>

Apparently there was a break down in common sense here. I frequently keep weapons in vehicles. I make sure I remove them when the vehicle removes my control. This includes loaning it out or leaving it for service.

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TX COWDOC</div><div class="ubbcode-body">Deputy indicates that the pistol is US Army property and threatens to confiscate it.</div></div>

This is most likely one of two things. Either the Deputy is a moron (possibly). Or more likely it's a bluff. Bluffs are used quite frequently to either achieve the attitude adjustment that was desired or to prevent future activity (i.e. a dumbass with a pistol).

I have at least one rifle marked "US Property" and many other items marked US or Government Property. All are legally owned and were properly transferred from the Gov to me through DRMO, CMP, etc. For the Deputy to confiscate the weapon for anything more than a "safety hold" the owner would have to be charged with a crime. For the forfeiture to be permanent he would have to be found guilty. To be found guilty there would need to be some record that the property in question was not properly released from government control. In the case of a Korean war era 1911, this would probably take some detective work. Not something a county prosecutor is likely to want to pursue unless someone was a dumbass and got nipped for another charge as well (like transporting narcotics, etc.).

None of the above should be construed as legal advice and all is given from the viewpoint of a sworn officer in the great state of Indiana. Texas law may be more restrictive on what officers can and can't do. (State's Rights).

Lastly, NEVER, EVER assume you know more about your rights that the officer unless you ACTUALLY DO and can state in a court of law. Almost 99.99% of the time when I hear "I know my rights" it's usually followed by some of the stupidest shit I have ever heard and in no way, shape or form reflects the intent or words of the Bill Of Rights, US Supreme Court or State and Local Case Law.

Exercise your Rights. Just make sure you know what they are first. </div></div>

To add to this, I would say when someone knows it well enough to quote the code by number and cite the code verbatim.
 
Re: US Army Property

The army actually does still use 1911's if you go to any ODA house you will find most SF team members running them. Most are old 1911A1 slides and frames that have been jazzed up with parts from brownells.


There are ways of legally registering bring backs prior to 1965.