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The job of your average beat cop has never been an easy one. They need to keep their eyes open, looking for signs of trouble, protecting the citizens they serve. The bad guys don’t exactly advertise that they’re, well, bad guys. They naturally try to conceal what they’re doing, trying to keep from getting pinched. But Florida seems to be growing a more honest crop of crook which, if the trend takes hold, should make the job of policing easier…

Walter Upshaw was recently pulled over for rolling a stop sign. As recounts it, he wasn’t too comfy in his driver’s seat. Maybe he had some trouble getting to his wallet:

“I’m sorry officer, my gun is digging in my hip,” Upshaw told Officer Shane Overfield as a strong odor of marijuana flowed out of Upshaw’s car windows, records state. Upshaw, who is serving three years’ probation for felony drug offenses, is prohibited by state and federal laws from possessing a firearm.

It’s hard not to picture a plume of smoke a la Jeff Spicoli for some reason.

The pistol on his hip was loaded with one cartridge in the chamber and six more in the magazine, records state. He was charged with possession of a firearm and possession of ammunition by a convicted felon. He was released from the Orange County Jail after posting $5,150 bail.

Upshaw likely would have found himself proned out due to the weed cloud alone, so the cop probably would have found the heater anyway. But it was nice of him to come clean so readily. A better breed of bad guys making the beat patrolman’s job easier should keep the cops – and citizens – that much safer in the Sunshine State.


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  1. Moral of the story? Follow all traffic laws at all times especially if you are a pot smoking felon packing heat.

  2. So, as far as we know from the article, this man has never done anything violent against another person. “Felony drug offenses” likely means possession with intent to sell… a plant. How is that wrong? Carrying a firearm. How is that wrong? How are any of those things evil in and of themselves? If we “armed intelligensia” are for firearms freedom, we should be for total freedom. As long as one don’t hurt others, infringe on others freedom, or destroy other’s property, we should be free to do as we please.

    • Its probably a felony because he was armed at the time, he likely didnt even have an intent to sell.

      You need to think about the more conservative members of the armed intelligensia, who else would they be able to look down upon, if it wernt for drugs? How else will they silence those who don’t agree with them if it wernt for frivolous charges? Try thinking of the police for once, who else would all those cops arrest? If theres no one to arrest, how would hundreds of thousands of members of law enforcement justify their jobs? It could even kill the stock market! What would happen to our 401Ks if companies like GEO Group or G4S went out of business?

      You sir are just an inconsiderate bastard. You need to support their freedom to oppress, instead of getting all worried about the civil liberties of reprobate.

        • So what you are saying is that by day this guy works in an insurance office selling home owner policies to friends and family, but because he is not the owner of the agency and his sales are down this year, his bills are getting tight. So at night as many great Americans do, he starts an Amway type enterprise out of his house selling organic dietary supplements. But the guy selling Shackley type organic dietary supplements four blocks down starts to get a little aggressive, which makes our guy a little fearful, after all he is uncomfortable with violence. Being a very ethical person he struggles with an appropriate response and decides he is well within his rights to buy a gun for self defense. He would never use the gun to expand his Amway type dietary supplement business. After all his sales are already so good that he got a gold chain for hitting his sales volume goals. The one area of his territory that he is most worried about the encroachment of the Shackleyish guy is near the local school, where sales have been booming, in part because the purchases the kids make are financed by the parents and grandparents, so the cash flow is good. So as this great American is driving to his job at the Insurance agency, he does a little rolling stop, to keep from getting to work late, and boom the “man” is all up in his business, persecuting him for trying to get ahead. Cops after all are just hired gunmen for Corporate fat cats who don’t want sales of their over the counter dietary supplements undercut.

          • On the other hand he might be the guy that would shoot you for a $5 dollar bill. It’s hard to tell from where I am sitting. You know call me a “conservative looking down my nose”, but I am going to go with the opinion of the cop, judge and jury that were there and met the guy over a couple of libertarian idealist who think life would be so much better if only we legalized pot.

            • If your going to quote people, at least bother to do so properly.

              “I am going to go with the opinion of the cop, judge and jury that were there…”

              The Judge and Jury were there? How did that happen, last time I checked cops dont drive around with a court room in their trunk.

              But i’m glad that your ok with selling out your fellow countrymen. Personally, I agree with you, do you know how much economic activity we could coerce from the american public? We should start with expanding the laws to prohibit driving under the influence of a sugar or caffeine high, think of all the violence caused by road rage. Please just please wont you think of the children? Or at the very least think of all the revenue which could be generated to fill the holes in the police pension fund.

              • I used quotation marks for you benefit, “Upshaw, who is serving three years’ probation”, that is once before a judge.
                “was released from the Orange County Jail after posting $5,150 bail.” that was twice before a judge. The jury was a leap on my part. I will stand by the rest of my comments because people who willing violate laws are seldom involved in the process of getting laws changed. Why should they? They have found it much more profitable to work outside of the law. I have had things stolen that I later found in a pawn shop. The person who stole them, was stupid enough to use their own name. That same person was later arrest for possession. I don’t think that making the crap legal would have change any part of that story. Making martyrs out of criminals does not help your cause. Prohibition wasn’t overturned because Al Capone was such a great poster child/spokesman. Prohibition was overturn because Congress was move to amend the constitution. In the same way gun laws will not get changed because people that used them to commit crimes are going to somehow appeal to the courts regarding the violation of the 2nd amendment rights.

              • It doesnt matter how many times he was before a judge, neither the judge or jury were there when you said they were.

                “…people who willing violate laws are seldom involved in the process of getting laws changed”
                LOL! Apparently you’ve never met a politician then.

                “They have found it much more profitable to work outside of the law.”
                Or there arent any profitable opportunities available to them within the confines of the law. Damn those poor people for being poor!

                “I have had things stolen that I later found in a pawn shop.”
                So you regularly visit pawn shops, but are more than willing to thumb your nose at the lower classes?

                “I don’t think that making the crap legal would have change any part of that story.”
                Yes it would. What else did he do wrong which would have been illegal?

                Who cares about changing laws, they are entirely arbitrary. Once upon a time it was legal to own people as property, just because its legal, is it right? But who cares about right and wrong, you’ve demonstrated you’ll be more than willing to sell out your fellow countrymen, so long as a politician says its legal and adequately vilifies them.

                I would comment on your last few sentences, but I have no clue what you tried to say. Run a grammar check next time before you post.

            • You must be right since Prohibition worked so well. I mean, there was never any violence associated with the import and manufacure of alcohol when it was illegal. And, now that you can buy it at any corner store, Budweiser and Miller executives are gunning eachother down in the streets for a slice of the market!

      • I agree with both of you for the most part but unfortunately there are stupid laws on the books we have to follow. I think I should be able to conceal carry in Illinois but unfortunately I can’t. I’m not about to test my constitutional rights with years of legal fees and/or prison time. You can argue and I’ll probably agree with what he did shouldn’t be illegal (maybe minus the driving high) but he obviously knows it’s illegal because he’s been busted for it before.

        • Agreed. I just want people to think about the differences between something being illegal and something being immoral. Apparently GunZ4fun believes that whatever the government decrees must be legitimate and we should rarely question their motives or methods (except where it applies to guns).

  3. This article should provide enhanced appreciation for this grounding truth, that a gun well-carried interferes with no routine physical action. The comments whose focus fixed upon the marijuana angle simply reflect the reality that most serious US problems flow from legislative carve-outs which entrench a particular industry or guild, custom or prejudice. Thus we have the world’s most expensive physicians, dentists, the largest major-country share of GDP going to the financial industry, and so forth. Weed is just another of these: Every cop knows drinking causes the fights in town, not marijuana. They freely admit as much (google Charlottesville marijuana task-force). Yet marijuana is kept illegal thereby making the dealers (criminalized) into purveyors of ever-stronger more-addictive drugs to boost their margins. It won’t change. Voters don’t get it. The guilds and cartels do. Distillers will lobby effectively. Pot-heads won’t. I’m not pro-pot but I’m strongly anti alcohol-fueled violence.

  4. I think that Walter was stopped for “Driving While Black,” but he was arrested for “Felony Stupid.”

  5. I’m just astonished to read a news report that uses “cartridge” and “magazine” rather than “bullet” and “clip”.

  6. I think the government and the legal system making a felon out of Walter is going to cost the tax payers a lot of money to put him in jail and provide him with possible economic handouts once he is out.
    Apply this on a grand scale and the cost soars.

  7. This guy may be an idiot, but how many upstanding citizens can’t say “There but for the Grace of God…” about a stupid thing they did.

    Maybe most of you, but I doubt all of you. Probably not me. I’ve done some stupid stuff.

    As for pot versus alcohol, it’s a no-brainer. Alcohol is trouble, pot might make you mildly stupid and lazy. Ask any cop. I say this as a person with a preference for beer over weed, if I’m going to alter my state.

    The States targets poor, mostly non-white people for prosecution. I don’t think this is a conspiracy, but it’s certainly a habit. The stats back me up.

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