I was under the impression, they saw the bat AFTER opening the car without asking. That's my main point. I don't disagree at all with the suspision, but you need more than that to arrest somebody.

 

uh yeah, it does say he opened the door before seeing it. good catch.

 

you gotta be anal when dealing with the law.....

 

now if he saw the bat and opened the door, that is another case altogether...... I still don't see what they were arrested on. The only thing I saw was a weapons charge and that boils down to how MN treats BB guns in the cabin of a car. I don't see this case going very far unless they were intending to do something or had already done something and this is shown to be the case....... in my proffesional armchair lawyer opinion....

 

We had not done anything, and had no plans to. Yes, he tapped on the passenger side window while shining the flashlight in, and as I went to roll down the window, he just opened up the door.

 

don't I know it. but now I'm just post whoring for no good reason!

 

Some laws that may apply in MN:

- Minn Stat 609.713 : A person commits the crime of terroristic threats if a person displays, exhibits, brandishes, or otherwise employs a replica firearm or BB gun in a threatening manner and causes or attempts to cause terror in another person or acts in reckless disregard of the risk of causing such terror. Max penalty: 1 year imprisonment and/or $3000 fine. (Gross Misdemeanor)

- Minn Stat 624.7181 : A person who carries a BB gun....in a public place is guilty of a gross misdemeanor, unless the act is included in one of several statutory exceptions.

These are not the complete text and there may be extenuating conditions if you are under 21, on school property, etc. I also offer no advice as to how these apply to your situation. Definitely contact a lawyer.

UL

 

Oh, and under MN law, the knife and bat could both be considered weapons. But I couldn't find any issues with possessing them or having access to them in a car. Maybe if the police could show an intent to use them. Penalties, btw, are higher in a park than in a residential area.

Again, get a lawyer.

UL

 

A BB gun in NJ is the same as a 9mm, you would need a permit and follow the same laws for transporting one. A nail file or a baseball bat may be considered a deadly weapon by the TSA. It sounds like the police were just following the law. Even though you had no intentions of breaking the law, you did and it will take a lawyer and some money to get out of this one. Good luck.

 

[QUOTE]Originally posted by gldneyes6
[B]
don't I know it.