posted on Jul, 5 2012 @ 10:24 PM
Originally posted by grimreaper797
reply to post by nenothtu
No, but reports of firearms sales in combination with what looks like firearms from a distance at a yard SALE is most certain probable cause that a
crime has been or will be committed in the near future. That gives them the authority to search that area. Not search willy nilly, but that
I see you are in NJ. That's probably so there, and in CA as well (and I'm guessing probably MD, NY, MA, and IL), but not in most of the country.
Here, for example, in NC, selling live firearms isn't illegal. Selling them in quantity may be, but that is under federal jurisdiction, not local. In
any event, under plain view doctrine, if you can see it from where you are legally standing, it's fair game for inspection. That, however, isn't
under probable cause.
Officer safety would be another avenue of approach, especially considering the belligerent attitude of the woman running the sale. If someone is
acting like that, I'm certainly going to want to know if she has a live one within reach.
edit: and just in case you haven't read any of my posts up to this point, selling a firearm privately in California is most definitely illegal. It
must be sold through a licensed dealer.
edit on 5-7-2012 by grimreaper797 because: (no reason given)
I hadn't, but will now consider myself educated in that matter. They should expect challenges to State or local enforcement of that now, since SCOTUS
decided (in the AZ immigration matter) that local jurisdictions can't enforce federal law. Licensing falls under Federal jurisdiction, and is a
matter for BATFE. So CA can make a law requiring sales to go through licensed dealers, but it's up to the feds to deal with licensing matters. Sort
of the way AZ can investigate for immigration violations and detain, but can't do much else without federal involvement.
Keep in mind that my initial LE training was just under 30 years ago, though, and this is a whole different country now. Thing we'd have never gotten
away with back then seem to be routine now. I'm working mostly off of common law and current NCGS, and the Code of Virginia from back then. Local
laws will vary from jurisdiction to jurisdiction, and it's anyone's guess what effect DHS Fusion Centers and the current SCOTUS rulings will have in
the final outcome regarding the division of enforcement between Federal and State and local..