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Three Things to Know If You’re Pulled Over by the Police

The recent news concerning Sandra Bland, who died while in police custody in Texas, and other police altercations has led many Americans to wonder what legal rights they possess when being stopped by an officer.

Was Ms. Bland obeying the law or breaking the law? Were the officer’s actions legal or was he using unnecessary force?

As we await the final outcome of this case, it’s critical that Americans are properly informed about their rights when being stopped by an officer.

You’re protected by the Fifth Amendment: Legally, you can’t be punished for refusing to answer a question.

While most of us understand the general meaning of the Fifth Amendment (the right to remain silent), this still remains a question on many civilians’ minds. Typically, the appropriate and safest thing to do is to respond politely to an officer’s questions without excessive description.

However, if you feel uncomfortable revealing specific information, know that you’re legally protected by the Constitution.

After given your ticket or warning, you’re free to leave.

After you’re given your ticket or warning and if the situation has not resulted in a more severe consequence, you are technically and constitutionally allowed to leave. If the conversation or investigation (which is lawful on the officer’s part) begins afterward, the situation has now progressed into a separate occurrence.

You can video record police (sometimes)

Depending upon the state and situation, this is completely legal. Some states have laws that prevent people from recording others without their consent and if your video is obstructing an investigation, you can be arrested. Otherwise, the ability to record police officers has led to some of the most widespread cases across the country including video of a North Charleston, S.C. shooting and police officers responding to a pool party in Texas.

FBI: Charleston Church Shooter Shouldn’t Have Passed Background Check

The FBI reports that Charleston church shooter Dylann Roof should not have been allowed to purchase the gun he used during the attack.

FBI Director James Comey said Roof was arrested for weeks before the shooting, but he was still able to purchase a gun because the paperwork for the offense was incomplete and inaccurate at the time, according to the Associated Press.

Those who wish to purchase a gun in South Carolina must undergo an FBI background check, however, if state and federal records are not up to date at the time of the background check, anyone who shouldn’t normally be able to buy a gun, like Roof, can slip through the cracks.

The FBI examiner who conducted Roof’s background check didn’t see that he had previously been arrested for admitting to possessing drugs due to issues on the rap sheet.

This arrest should have disqualified him from purchasing a gun, according to FBI rules, but he was able to get the gun within three days because the examiner didn’t have sufficient information to deny him.

An error like this reveals huge issues in state gun laws and the background check process, but is South Carolina the only state where this mistake could happen? What are the gun laws in Arizona?

Similar to South Carolina, those who wish to purchase a gun in Arizona must also undergo an FBI background check since neither state is a point of contact for the National Instant Criminal Background Check System (“NICS”) database, which would allow the state to conduct its own background check using state and federal records and databases.

If the person already has an Arizona state permit to purchase or possess a firearm, they may be exempt from a background check. Even if they have committed crimes what would make them ineligible to possess a gun, they may be protected by their old permit if the state doesn’t update its records before they can make a purchase.

This means that yes, someone like Roof who is considered a prohibited possessor and shouldn’t be allowed to possess or purchase any type of firearm could still be able to get a gun in Arizona.

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