PDA

View Full Version : OLL Rifle Cases Out in Open in Garage?


U2BassAce
03-27-2009, 10:12 AM
I got to thinking the other day.

I have purchased a couple complete OLL rifles (delivered with BB). Brand name ones that came with hard carrying cases. On the case there are stickers with model number and serial number etc and in general I leave the owners manual in the case too. I have not removed stickers in case I was to sell them one day. Thought it would be more like NIB.

These LEGAL configured rifles are locked in a safe.

Now lets say for some reason LE shows up. Take it further I am working in garage when LE shows up and they approach garage and see gun cases. Would they now be PC to get into my safe? Or to get a warrant to get into my safe?

Just based of some gun cases that are out in the open and show model information that if not configured right, could be an AWB? (I might add there might be some Saiga boxes laying on top of the OLL boxes)

Use whatever sceanario you wish to use that gets LE in the vicinity of the boxes in your house but outside your gun safe.

They are in a sense getting a look in your safe without getting into it. Of course I am sure an attourney could spin the fact they could not know if I had not bought carrying cases used with stickers on them etc etc.

Just something that makes me go hmmmmmm everytime I see those boxes in my garage.

Untamed1972
03-27-2009, 10:24 AM
Should merely having a rifle case be PC to search? No.

Could it be used for that? Yes.

Easiest solution........don't leave the cases in plain sight!

Perhaps you just bought the empty case from someone on craigslist or at the swapmeet to use for some other perfectly legal rifle. That's kinda like saying because I came home from Costco with some stuff in a Schmirnoff vodka box, that means I must have Vodka in the house. But again.....from some of the flimsy stuff used to get warrants that I've read about here.....I don't put anything past anyone. So again.....just don't keep them in plain sight, and don't do stuff to get the COPs called to your house.

AaronHorrocks
03-27-2009, 10:29 AM
Take it further I am working in garage when LE shows up and they approach garage and see gun cases.

"Get the @#$% out of my garage" would be the first words out of my mouth.
Of course here in Livermore, I've already had an LEO perform an illegal search in which she damaged my property and I was fined. Then just this Jan'09 my truck was SHOT! and the officer that arrived refused to file a report. So we're not exactly on good terms.

wash
03-27-2009, 10:51 AM
If I had a locked safe and a bogus search, I sure as hell wouldn't give them the combo.

They will have to arrest me and then I'll use my 5'th ammendment right.

I think they would need another warrant to crack your safe but I'm not sure on that.

Vtec44
03-27-2009, 10:56 AM
Well, the garage is your property and they need your permissions, or a warrant, to search your property. Then again, I'm no lawyer.

U2BassAce
03-27-2009, 11:21 AM
Well, the garage is your property and they need your permissions, or a warrant, to search your property. Then again, I'm no lawyer.

Ok just to get around the getting in the garage part.

Your wife is doing laundry in garage and the lint screen catches on fire. She runs in and dials 911. Fire Department shows up and LE responds with them. They are now legally in your garage. LEO spots boxes/cases.......

Today in OC Register....

http://www.ocregister.com/articles/santa-fire-unit-2347441-gonzales-marijuana

Firefighters find indoor pot farm while battling blaze

Now can they use the marked boxes/cases to get a warrant to get in your safe?

Untamed1972
03-27-2009, 11:26 AM
Ok just to get around the getting in the garage part.

Your wife is doing laundry in garage and the lint screen catches on fire. She runs in and dials 911. Fire Department shows up and LE responds with them. They are now legally in your garage. LEO spots boxes/cases.......

Now can they use the marked boxes/cases to get a warrant to get in your safe?


I sure hope the LEOs in my neighborhood got something better to be doing then poking around in my garage because my lint trap caught on fire. And seriously doubt the FF's are gonna call the COPs and say "Hey this guy has rifle cases in his garage you might wanna check these out." A little different than finding a burning pot farm in someone's house. Pot is illegal, dryer lint is not.

bwiese
03-27-2009, 11:28 AM
Again, please strive pass the Big IQ Test:

- if it looks controversial, why put it on public display? Either work with the friggin' garage door closed or put those cases up in the rafters.

It doesn't matter if you're right or wrong, it's drama you don't need.

U2BassAce
03-27-2009, 11:36 AM
Again, please strive pass the Big IQ Test:

- if it looks controversial, why put it on public display? Either work with the friggin' garage door closed or put those cases up in the rafters.

It doesn't matter if you're right or wrong, it's drama you don't need.

Yeah that is the answer I was leaning towards. I have been reckless I guess.....in that the boxes/cases sit on top of the safe that has magnets placed on it that I do not consent to a search with my probably attorneys phone number on it. Again....just made me think hmmmmm.....

vantage
03-27-2009, 11:41 AM
Lame attempt at humor: while it may not save the economy, TARP may save your peace of mind.

Just throw a tarp over them, keeps both dust and prying eyes off the cases.

Not to make you paranoid, but there are plenty of situations where an officer may end up seeing into your open garage. Anything s/he saw that was questionable might properly make her/him suspicious and could be used as probable cause for a search warrant. Rather than deal with showing the rifles in question or the more remote possibility of being forced to open up your safe, don't draw attention to them.

It's a valid question and a valid concern though, but seems easily remedied from my perspective.

Dr Rockso
03-27-2009, 11:48 AM
I kind of doubt your run of the mill cop is going to say "STAG-15?! Why those can be configured as an illegal assault weapon!" I don't think you have much to worry about.

old-trapper
03-27-2009, 12:03 PM
if they are in legal configuration ,,,they are just a rifle like any other. I would worry a lot more about ignorance when it is out of the safe, at a range, hunting , competition, etc, then when it is in the safe..thats my 2 cents

RomanDad
03-27-2009, 1:33 PM
You didnt come straight to me with this???

You broke my heart fredo.... :D

Vtec44
03-27-2009, 2:19 PM
if they are in legal configuration ,,,they are just a rifle like any other. I would worry a lot more about ignorance when it is out of the safe, at a range, hunting , competition, etc, then when it is in the safe..thats my 2 cents

I agree.

U2BassAce
03-27-2009, 5:47 PM
if they are in legal configuration ,,,they are just a rifle like any other. I would worry a lot more about ignorance when it is out of the safe, at a range, hunting , competition, etc, then when it is in the safe..thats my 2 cents

The important point is they are not, in their normal configuration, California legal. In the case of say a S&W M&P15. Too new to be a registered AW. Sold in 49(?) states in a California AWB configuration. I am LEO. I walk up. I see locked gun safe. I see gun case with sticker labeling S&W M&P15 and a serial number on it laying on top of safe. Can that get me in that safe with a warrant?

So should I put the packing for a BB in the OLL case with the owners manual?