Are we required to disclose a firearm at a suspicionless DHS internal checkpoint?

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pak-40

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We know where this is starting......"harmless" checkpoints to check ID's.

Where will it end? ID's required to travel at all? Scheduling cross-state-border trips in advance with the Govt? TSA type pat downs at the state line??

It is a scary road we are on right now. We will continue to be "pushed" to "accept" more and more infringements under the guise of "safety"
 

flybeech

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We know where this is starting......"harmless" checkpoints to check ID's.

Where will it end? ID's required to travel at all? Scheduling cross-state-border trips in advance with the Govt? TSA type pat downs at the state line??

It is a scary road we are on right now. We will continue to be "pushed" to "accept" more and more infringements under the guise of "safety"

Thanks for checkin' my 6. We're in the minority, since even my own State of Oklahoma, we have all accepted increasing control, in the interest of 'safety'.
 

dutchwrangler

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When I was still driving OTR I had to deal with these checkpoints constantly along the southern border and I simply say I live in Oklahoma. I don't answer the citizenship question. :)
 

HMFIC

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When I was still driving OTR I had to deal with these checkpoints constantly along the southern border and I simply say I live in Oklahoma. I don't answer the citizenship question. :)

dutch, your answering a citizenship question would mean that the Officer would be listening for at least 2 hours and probably just give up before you were finished (and get an education on the Constitution to boot)

:)
 

Fyrtwuck

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I'm sorry, I didn't realize my post count diminished my 1st Amendment rights. I never mentioned Ron Paul. Do complaints of serious loss of freedom and liberty and a love of our Constitution make me a Paulie?

I still want to know if I am required to waive my 5th amendment rights in a random border patrol checkpoint? What law says I need to inform a border patrol agent far from any border, who has detained me without any suspicion, if I am carrying a firearm, whether or not I have a permission slip.

I think Rod Snell already answered that question with post #3 on this thread.
 

dutchwrangler

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dutch, your answering a citizenship question would mean that the Officer would be listening for at least 2 hours and probably just give up before you were finished (and get an education on the Constitution to boot)

:)

LOL! :)

You should see my encounters with Canadian Customs. I'll tell them I'm a Quebecois (I'm not even though I was born in Montreal) while I'm wearing my ballcap with Oklahoma emblazened across the front and speaking with an Okie drawl. I did get into a conversation with one older Canadian Customs agent one time. We talked about guns, freedom and life for about twenty minutes. Pleasant conversation.
 

flybeech

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I think Rod Snell already answered that question with post #3 on this thread.

When did a border patrol agent working far from the border, become a magistrate or a peace officer? We are not yet required to present our papers to a border patrol agent when they detain us for questioning in an unconstitutional suspicionless highway check point and the hundreds of people who answer their questioning with "am I being detained? Am I free to go on my way?" always get out of there without answering where they came from, where they are going and what country are they a citizen of.

Hey, if you're cool with surrendering your 5th Amendment rights and have no problem with being detained for no reason out of fear of terrorists, that's fine with me, but not everybody believes we should be detained, when we only want to freely be on our way. Those who support roving checkpoints by DHS detaining everyone who passes, for the purpose of questioning, having dogs sniff-out your vehicle, being questioned and voluntarily allowing a search of your vehicle, might consider other times in history that these things happened and what the result was.


Sec. 411.205. Requirement to Display License.
If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.
Note: When an Officer ask you for ID you must then give them your Permit/License to Carry, if you are carrying at that time when you give them your ID. If not you are breaking the law.
 

Fatboy Joe

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Yeah, the top is a good place to start, but I ain't invited to the establishment elitists offices and they don't particularly care to hear from the unwashed masses.

Sounds like it is easier to gripe on a message board than take the time to contact the people who make the difference. I understand.

I'm sorry, I didn't realize my post count diminished my 1st Amendment rights. I never mentioned Ron Paul. Do complaints of serious loss of freedom and liberty and a love of our Constitution make me a Paulie?

You post count shows that you aren't familiar with this message board and the education of those on the board. Telling someone to go read the Bill of Rights for the first time shows this. Also, spouting out the same Ron Paul rhetoric that everyone else does makes you a Paulie.

I still want to know if I am required to waive my 5th amendment rights in a random border patrol checkpoint? What law says I need to inform a border patrol agent far from any border, who has detained me without any suspicion, if I am carrying a firearm, whether or not I have a permission slip.

What part of a border patrol agent asking what your country of origin violates your 5th amendment? You can choose not to answer, but state that. Then ask the question "am I being detained?"
When did a border patrol agent working far from the border, become a magistrate or a peace officer?

The Border Patrol agent is a law enforement officer. Look up the definition for peace officer and you will find law enforcement officer.
 

Fyrtwuck

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A Border Patrol Agent is a Federal Peace Officer. Their jurisdiction does not stop at a certain distance from the border. Some of their activities may. This discussion has gotten far far away from the original topic. My point was that the person making the video is trying to make his point to the wrong person and should not be treating them that way. The officer working on the street follows orders and the law he/she knows to the best of their ability. If change is to be made, it's going to have to come from someone from higher authority.

You cite the Bill of Rights and their lack of knowledge. They are not lawyers. They deal mainly with criminal law where the 4th and 5th amendments apply and the DA's and courts deal with the rest. From reading your posts and it's content, you knew this before you said anything. If you have never worked in Law Enforcement, you need to in order to know what they have to deal with on an everyday basis. It's a damned if you do and damned if you don't job. I've said many years that an Attorney needs to work the street as an officer at least two years before they get their degree so that they would really know what the law is all about.
 
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