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Author: Grumpy
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She seems to be one of ours!
by Lee Williams
Travis E. Smith and a friend spent Sunday, July 5th shooting at his grandma’s rural property in Southwest Florida, about an hour north of his home in Pinellas Park.
It was a good day, he thought. The pair set up their own targets and shot Smith’s two Glocks, a 12-gauge shotgun, a SAR USA 9mm pistol, a Ruger .22 pistol, an AR-10 Smith had built himself, and what he believed was a Springfield AR pistol.
After dropping his friend off, Smith said he was nearing his home around midnight when he was stopped by a Pinellas Park police officer. Smith pulled into a restaurant’s parking lot.
The officer told Smith he stopped him because he had a “dim tag light.” Smith didn’t say anything to the officer at the time, but he strongly disagrees. His station wagon is nearly 40 years old and uses a bulb as its tag light instead of a modern LED, which are much brighter.
Smith’s buddy, who has a valid Florida medical marijuana card, had left an empty marijuana container on the back seat, which the officer saw. He told Smith the container was his “probable cause,” and that he was going to search the vehicle with or without Smith’s consent.
Smith, 28, was ordered out of the vehicle and told to take a seat on the curb.
“He began to search and I was sitting there for nearly three hours,” Smith said. “I wasn’t worried. I had nothing to hide.”
The officer called for backup. Over the next several hours, nearly a dozen more officers arrived. Most wore uniforms except for one who wore civilian clothes, a face mask and a ballcap.
They ran the serial number of every weapon through their dispatcher to make sure none were stolen. None were.
Things changed when the officers found Smith’s AR pistol. They measured the weapon and the barrel with a tape measure. They opened it up, which Smith believes was to make sure it had not been converted to full-auto. It hadn’t.
After the officers had talked for hours, one walked over, handcuffed Smith and placed him in the back of a squad car.
“They read me Miranda and asked me a bunch of questions about the AR pistol,” Smith said. “I answered some. I didn’t know what the problem was.”
Smith had owned the AR pistol for nearly seven years. He found it on a website and had it shipped to his local gun dealer. He had mounted a red-dot sight and what he thought was an aftermarket brace.
“I was under the impression it was totally compliant,” Smith said. “The brace was actually smaller than the one it came with. I thought it was a brace, not a buttstock.”
An officer then told Smith he was under arrest for possessing an unlicensed short-barreled rifle, or SBR, as the other officers loaded up all of Smith’s remaining weapons.
“They took them all,” he said. “And all the ammo too.”
Before he was hauled away to jail, Smith said one of the officers told him: “Man, these are nice guns.”
At the county jail, Smith was stripped, searched, given a towel, a thin sleeping mat and sent to a cell.
While in jail, Smith said he heard from four other inmates who said they too were stopped for either a “dim tag light” or window tint that officers claimed was too dark.
The next day, he was represented by a public defender at his first court hearing.
Smith was charged with misdemeanor possession of marijuana for his friend’s empty container, and possession of an unlicensed SBR—a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. He also received two traffic tickets, one for not wearing a seatbelt and the other for “no tag light.”
All of the charges are for violating Florida state law. None were federal charges.
Before the hearing, Smith had no criminal history only a traffic ticket.
“I have never been in trouble with the law,” he said. “I’m a Christian. I believe in Jesus. I wasn’t rude to the officers. I was ‘yessir,’ ‘yessir’ the whole time.”
Pinellas Park Police Chief Adam Geissenberger was not willing to be interviewed for this story.
Chief Geisenberger tried to pass multiple interview requests to his Public Information Officer, Lt. John Shea, but a lieutenant is not responsible for the overall conduct of the department’s officers, which ultimately, is the responsibility of the chief-of-police.
“I have passed this along to Chief Geissenberger, and he has no statement on the incident,” Lt. Shea said in an email.
Brace or stock?
Chris Brooks is a longtime gunsmith and firearm expert who has held nearly every job in the retail firearm industry.
Smith works for one of Brooks’ friends, who texted him soon after Smith’s arrest.
“They reached out to me because they thought the cop was mistaken, that this was just a brace. They believed that Smith was in compliance. I may have burst their bubble, unfortunately,” Brooks said. “I can understand why they thought it was a brace, but it has some things that make it a stock. However, it’s a very grey area.”
Brooks classifies firearms and firearm parts for a major online retailer, but even he isn’t 100% sure that Smith had an SBR and not a pistol with a legal brace.
“I am not convinced that stock is a stock. It has an angle that makes it unique, brace-like. The portion that makes contact with your shoulder isn’t any larger than other braces. I am not convinced it could function like a stock. It’s more like a pistol brace,” Brooks said. “This arrest was not fair. It’s unusual. It seems like something that an officer would resort to if his intention was to make an arrest. I have never even heard of this. This gun was not altered in any way. It just has a different piece of plastic on back that can be removed without tools. I’ve probably sold more than 30,000 braced pistols over the years and this has never even come up.”
Brooks also took issue with the state charges.
“I wasn’t even aware of the Florida SBR statute until after all of this happened. The intent of the Florida law was likely to canonize the federal statute into state law, but they are a good three or four iterations behind federal law,” he said.
Reaction
Sarasota County (Florida) Sheriff Kurt Hoffman is also an attorney who served as general counsel for the department from 2005 until he became sheriff in 2021.
Hoffman believes that regardless of whether Smith had a legal AR pistol or an unlicensed SBR, the issue is whether his encounter with Pinellas Park police should have ended in arrest.
“When you have a citizen with no criminal history, who is not using firearms in an unlawful manner and you find what could be perhaps a technical violation, and it takes you three hours to determine whether you have a crime or not, perhaps the best thing to do is to take the offensive firearm part off the gun and then send the non-criminal on his way,” Sheriff Hoffman said. “I would like to think that law enforcement, when encountering someone who is not acting in a nefarious capacity, that we should not be going to the extreme. Certainly, the other firearms there were not illegal, so I don’t know what the intent was to seize them. Sometimes we’re our own worst enemy.”
Alan M. Gottlieb founded the Second Amendment Foundation more than 50 years ago and serves as its executive vice president.
Said Gottlieb: “This young man’s life as he knows it may be over. Even if he doesn’t serve a full 15 years in prison, he will become a convicted felon and unable to legally possess firearms, which he very clearly enjoys shooting. I was extremely surprised when I learned that this happened in Florida and not California, New York or New Jersey. Law enforcement needs to understand the harm that can come when they act so overzealously. By charging this young man with a second-degree felony they have ruined his life. That is the real crime here. I certainly hope there is a judge in Florida who sees it this way.”
Travis’ brother just created a Go Fund Me account, which he will need. Here’s a link: https://tinyurl.com/3yjenrsf
The Second Amendment Foundation’s Investigative Journalism Project wouldn’t be possible without you. Click here to make a tax-deductible donation to support pro-gun stories like this.
Born into poverty in the woods of West Virginia, Charles E. “Chuck” Yeager was a World War II aircraft mechanic, fighter pilot, double ace, military commander, and a test pilot who broke the sound barrier. His journey from Army private to USAF Brigadier General is an inspiration to all.
Yeager began his Air Force career in September 1941 as a private in the U.S. Army Air Corps, serving as an aircraft mechanic. While he wanted to be a pilot, that career path was initially closed to him due to his age and lack of education, as the Air Corps required two years of college and a minimum age of 20.
After Pearl Harbor, however, the standards were revised due to the urgent need for pilots, and Yeager was accepted into the flight officer program. While Yeager had excellent eyesight and other attributes for flight training, his first few flights were memorable for another reason: Yeager vomiting in the cockpit.
With time, the queasiness went away, and Yeager excelled at flying. He graduated from pilot training at Luke A.F.B. in March 1943. He then transferred to the 363rd Fighter Squadron at Tonopah, NV, and was trained with the Bell P-39 Airacobra. Once while he was showboating, he clipped a farmer’s tree during a training mission and was grounded for a week.
In November 1943, the unit shipped out to RAF Leiston and began training with the P-51 Mustang.
Shot Down
On his eighth mission, Yeager, who had one aerial victory so far when he took out a Me-109 on the way to Berlin, was shot down over occupied France. He bailed out and hit the ground running for the tree line, evading the Nazis.
Initially, he trained the French Resistance (Maquis) in the use of explosives and timers, which he learned from his father, who worked in the gas fields. He escaped to Spain with the help of the resistance while helping another wounded aviator over the Pyrenees. He then spent time in Malta before returning to England.
A Talk With Eisenhower
After his downing, Yeager’s days of combat were over. Or were they? At that time, there was a regulation that prohibited downed pilots (evaders) from flying over enemy territory again. This was to prevent the resistance groups from being compromised if the pilot was captured and interrogated.
Yeager’s desire to fly again was so intense that he spoke with Supreme Allied Commander General Dwight D. Eisenhower to request a return to combat status. Actually, Yeager wrote in his memoir that “I raised so much hell that General Eisenhower finally let me go back to my squadron.”
When they met, “Eisenhower said, ‘I’ve got guys shooting themselves in the foot to go home. What is the matter with you?” Yeager replied, “General, I haven’t done my job. I don’t want to leave my buddies after only eight missions. It just isn’t right. I’ve got a lot of fightin’ left to do.”
Eisenhower told him that it was the War Department’s policy, but he would ask for permission to send Yeager back. While waiting, Yeager was limited to short-range missions, but managed to bag a Junkers Ju-88 bomber flying over the English Channel for his second kill.
In August 1944, Yeager returned to combat status and was issued a P-51C Mustang with a Malcom Hood canopy and, almost immediately, a P-51D, which he christened Glamorous Glen III, after his future wife, Glennis Dickhouse. On Oct 12, 1944, Yeager made squadron history when he became their first “Ace in a Day” with five kills of Luftwaffe Me-109’s.
On November 27, 1944, Yeager continued his hot streak, downing four Fw-190 fighters. He would also score one of the first victories of a Me 262 jet fighter and end the war with 13 kills. On January 15, 1945, he flew his last mission and returned to the U.S., having completed 61 missions in total.
Due to his status as an Evader, Yeager was given his choice of assignments and chose to be a functional test pilot of repaired aircraft at Wright Field.
Test Pilot
With the war now over, Yeager graduated from the Flight Performance School and landed a dream job as a test pilot at Muroc Army Airfield (Edwards A.F.B.)
After a Bell Aircraft Test pilot demanded $150,000 to break the sound barrier with their new rocket-powered X-1, Col. Albert Boyd, the chief of the Flight Test Division, successfully lobbied to get the X-1 project under his command. Boyd had already assembled a team of the best test pilots around. Now, Yeager was selected to be the first to break the sound barrier.
Two days before the record-breaking flight attempt of the X-1, Yeager was out horseback riding with Glennis and broke two ribs. Yeager, certain the injury would get him scrubbed from the mission, found a civilian doctor in nearby Rosamond to patch him up.
Now comes the hard part. In order to close the hatch on the X-1, Yeager had to hold it down and slam down a lever to seal it. This was not going to happen with two broken ribs. He asked his pilot/flight engineer friend, Jack Ridley, to help him come up with a solution.
Ridley chopped off a section of broom handle, and the pair tested it on the ground. The next day, the broomstick hatch tool worked perfectly, and Yeager was on his way to the history books. Yeager broke the sound barrier with a speed of Mach 1.05 at an altitude of 45,000 feet.
The 50’s
Yeager was the first American pilot to fly a MIG-15 due to the defection of a North Korean Pilot. In 1953, Yeager was a part of the X-1A team in search of breaking the Mach 2 barrier. Yeager set a new speed record in December 1953 when he flew the X-1A to Mach 2.44, breaking a recent Navy record and spoiling their planned celebration of the event.
The new flight record, however, almost killed Yeager. Just before reaching Mach 2.44, the X-1A became uncontrollable when it experienced “inertia coupling,” a condition that caused the aircraft to pitch, roll and yaw simultaneously. The X-1A dropped from 51,000 feet to 29,000 feet in less than a minute before Yeager regained control of the plane.
The 60’s
In 1962, Yeager, now a full colonel, became the first commandant of the USAF Aerospace Research Pilot School. The school was the first stop for pilots wishing to become astronauts. While Yeager was arguably the best pilot at the time, his lack of a college degree kept him from serving as an astronaut.
In December 1963, Yeager began test flights of the M2F1 “Lifting body, also known as the “Bathtub”. You may recognize this aircraft from the opening crash scene of the “Six Million Dollar Man” television series. It was here that Yeager suffered his most serious injury.
Another program in the works at the time was the NF-104, which was a rocket-assisted Lockheed F-104 Starfighter. It was one of the first programs created to train pilots for astronaut duties.
Yeager took off and reached nearly 100,000 feet when the aircraft became unresponsive and entered a flat spin. The Starfighter lost approximately 95,000 feet of altitude with Yeager attempting to gain control all the way down. At one point, Yeager deployed the Starfighter’s drag chute in hopes of straightening the aircraft and restarting the engine.
With only a few seconds left, Yeager ejected from the Starfighter. During the ejection sequence, the ejection seat base struck him in the head, and the hot rocket motor broke his faceplate, which caused the oxygen supply to catch fire and severely burn his face. Yeager suffered through numerous operations for his facial burns. This was the end of his test flight career.
Vietnam, Retirement and Beyond
In 1966, Yeager assumed command of the 405th Fighter Wing at Clark Air Base, Philippines, which rotated throughout Southeast Asia and South Vietnam, flying 127 missions.
In the early 1970’s, Yeager was assigned as the air attaché to the Pakistani Air Force, assisting them with integrating the AIM-9 Sidewinder missile onto their fighter aircraft.
In March 1975, Yeager finally retired with 34 years of service. Not one to sit around, Yeager kept busy with a variety of projects. He made a cameo appearance as Fred the bartender in the movie “The Right Stuff,” which, in part, told his story of breaking the sound barrier. He drove a Corvette pace car at the Indianapolis 500. He flew an F-15D Eagle in celebration of the 50th anniversary of his record-breaking flight. He was a spokesman for AC Delco auto parts and a consultant to Northrop Grumman for the F-20 Tigershark.
Yeager passed away on Pearl Harbor Day, 2020, at the age of 97.
Legacy
His military decorations and awards include the Distinguished Service Medal, Silver Star with oak leaf cluster, Legion of Merit with oak leaf cluster, Distinguished Flying Cross with two oak leaf clusters, Bronze Star Medal with “V” device, Air Medal with 10 oak leaf clusters, Air Force Commendation Medal, Purple Heart, Distinguished Unit Citation Emblem with oak leaf cluster, Air Force Outstanding Unit Award Ribbon, and the Congressional Medal of Freedom.
Yeager was a command pilot and had flown more than 12,000 hours in 361 different makes and models of military aircraft in service to his country.