Know Your Rights! A Student Backs Down Cop After Being Unlawfully Stopped for Carrying a Gun in Portland, Maine

Student’s comment from the YouTube description:

“I was detained by Portland PD officer J McDonald on 26 May 2012. He detains me without suspicion of any criminal activity in violation of Delaware v Prouse. He admits his sole reason for stopping me is my legally carried firearm in violation of US v DeBerry. He seizes my weapon with no reasonable suspicion that I’ve committed a crime in violation of Terry v Ohio. He demands my ID without reasonable suspicion in violation of Hiibel v Nevada”


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  • Tim

    Umm, stop calling it a “firearm” which it IS NOT! Firearms are defined under USC Title 26, yes, the U.S. Tax Code! Do you know
    why? It all has to do with the Alcohol, Tobacco, and Firearms (ATF
    ring a bell?) prohibition acts of the 1920’s, which is now known as
    the National Firearms Act. It has often been said that a
    Sales Tax on a gun is illegal, because if the gov. could tax a gun,
    they could tax it out of reach of the common man. Well, guess what
    they “tried” to do…

    Anyway, first off, I’d like to explain that if you are ever charged
    with “failure to register a firearm” or “possession of an
    unregistered firearm”, here’s a little food for thought…

    U.S. Supreme Court’s 1968 Haynes v. U.S. decision:

    Haynes, a convicted felon, was convicted of unlawful
    possession of an unregistered short-barreled shotgun. He
    argued that for a convicted felon to register a gun was
    effectively an announcement to the government that he was breaking
    the law and that registration violated his Fifth Amendment
    protection against self-incrimination.

    The court, by an 8 to 1 margin, agreed, concluding: “We hold that
    a proper claim of the constitutional privilege against
    self-incrimination provides a full defense to
    prosecutions either for failure to register a firearm, or for
    possession of an unregistered firearm.”

    Now, that was a case against a true “firearm”. Let’s explain that a
    “firearm” is NOT just any gun. Remember, this was enacted during
    the times of Al Capone and other gangsters, and the government
    couldn’t have gangsters running around with guns better than theirs.

    26 USC 5845 – Definitions

    Go read through the definitions of a “firearm”, and what you’ll find
    is this. A firearm is:

    * A short-barreled or sawed-off shot gun LESS than 18in
    [5845(a)(1) and (a)(2)].
    – So if you have a shot gun of 18in or
    more, and you haven’t sawed-off the handle, you’re good, it’s
    not a firearm.
    – A short-barreled rifle LESS than 16in [5845(a)(3)]. So, 16in
    or more and you’re fine.
    [5845(c)] A “rifle” means a weapon… that fires only a
    single projectile through a rifled bore for each pull of the
    trigger. “In a smooth bore, there is no rifling” (see here).
    A shotgun has a smooth bore.

    – An AR-15 COULD be considered a “rifle”, however, since
    5845(a)(3) specified that the rifle had to be 16in or less,
    the AR-15 is still NOT legally considered a “rifle”.

    – And
    since the AR-15 is not usually modified in any way, it does not fall
    under the definition of 5845(a)(4).

    * A machine gun [5845(a)(6)]
    – An AR-15 is NOT a machine gun (read 5845(b)).

    – Any silencer (as defined in section 921 of title 18)
    – 921(a)(24) – The terms “firearm silencer” and “firearm
    muffler” mean…
    I need not go any further, because unless your gun matches
    any description of those that are “firearms”, then no matter
    what silencer you buy for it, IT IS NOT LEGALLY A SILENCER!

    * Any other weapon from subsection (e)
    – [5845(e)] – The term “any other weapon” means any weapon or
    device capable of being concealed
    on the person from which a shot can be discharged through the
    energy of an explosive (are you carrying a ‘concealed’ grenade launcher?), a pistol or revolver having a barrel
    with a smooth bore (revolvers and pistols have a rifled bore, unless you’re the Joker from Batman) designed or redesigned to fire a fixed
    shotgun shell (do any of you own a modified pistol or revolver
    which shoots a shotgun shell?), weapons with combination
    shotgun and rifle barrels 12 inches or more, less than 18
    inches in length, from which only a single discharge can be
    made from either barrel without manual reloading, and shall
    include any such weapon which may be readily restored to fire
    (meaning, any weapon taken apart that can be put together and
    matches the above mentioned descriptions). Such term shall
    not include a pistol or revolver having a rifled bore, or
    rifled bores, or weapons designed, made, or intended to be
    fired from the shoulder and not capable of firing fixed
    ammunition (so I guess you’re safe walking around with a rifle
    or shotgun or hanging them in your car).
    So there you have it folks. Bet you never knew that you were NOT
    carrying a “concealed weapon” nor that you never even owned a
    “fire arm”. So stop all this 2nd Amendment crap, it’s not even relevant. They’re NOT taking away your guns, they’re taking away licenses to have “firearms”. Bring up one of the above
    arguments (I do not nor have I ever owned a “firearm” as that term
    is defined in 26 USC 5845) and… you’re good!