Arrested for Carrying Without a Permit

Discussion in 'Firearms' started by GBond1234, May 29, 2005.

  1. GBond1234

    GBond1234 New Member

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    I am in sort of a situation and was curious to know the possible outcome. I was arrested for carrying a concealed weapon without my permit. I didn't have my permit with me but it was expired anyways. It was in my car out of site, which is my fault for not knowing that was illegal.

    I went through a road block and he asked if I had any drugs or firearms. I told him yes, because I belived I wasn't doing anything illegal. My fault for not understanding the law...I do now however! can anyone comment on the outcome of this? I know the maximum is 6 months jail and $1000 fine, but I am not a criminal.

    Thanks,
    JT
     
  2. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    Thanks for sharing your experience.

    If you don't mind me asking, how long were you in jail before you made bail and how much was your bail?

    The only thing I can tell you based on my experiences is that the judge has alot of leeway in the sentencing if your convicted. You can be punished to the maximum or the judge at his/her discretion can probate the sentence.

    You should be looking for a lawyer that practices in criminal law and maybe see if you can strike up a deal with the prosecutor if you decide to plead guilty.

    On the other hand, and I don't want to get your hopes up, but if the prosecutor has too many cases pending and not enough time to deal "petty" offenses and takes into account that you previously had a GFL, he *might* decide to drop the charge all together if that is the only charge pending aganist you. I have heard of this happening one time or another, but like I said don't take my word for it or get your hopes up. I would definately however bring up the fact that you previously had a GFL as it might gain you some leniency(sp) in the sentencing.

    Lastly, what county did this happen in? and who arrested you? GSP? SO? Local PD?

    as always, THIS IS NOT LEGAL ADVICE and I AM NOT AN ATTORNEY.

    Keep us posted. Good Luck
     

  3. legacy38

    legacy38 Active Member

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    Where was the firearm stored in your automobile? Even without a license you can carry in plain view and in the glove compartment.
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I second that question: Where was it?

    Also, I second the advice given above: Get a lawyer! This is serious. Don't play around. Go see a lawyer today and bring him a retainer check. This is more important than just whether you pay the lawyer more than the fine. You don't want a "weapons charge" on your record.

    Additional piece of advice that won't help you any now: Don't speak to the police. He is not asking you questions or engaging you in conversation to be friendly. He is collecting evidence. This advice applies at roadblocks as well as traffic stops. Just hand over your drivers license, nothing else, and maintain your silence. I don't even say hello or exchange other pleasantries, especially at roadblocks.

    Roadblocks make me feel like I am living in some third world country being forced to show my "important papers."

    [/i]
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Sir, I hope you are not in jail, but if you visit here again, please let us know what happened.
     
  6. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Follow-Up

    Does anybody know how this case turned out? Or is it still ongoing?

    For what it's worth, the poster said that his expired license was in HIS CAR, which was out of sight, which means that he must have been carrying this weapon in a car other than his own. The law doesn't provide for an "open carry without a license" in any private passenger vehicle, but rather it only has such an exception for one's own car, one's own home, or one's own place of business.

    I don't think you can carry a loaded gun on or about your person without a permit on someone else's property or in someone else's car, even with their permission or approval, or unless you are lawfully engaged in hunting or target shooting activities.

    This may only be a misdemeanor the first time around, but a second conviction for this offense is a felony. It's worth fighting or negotiating-away with some resolution that does not end in a conviction. (And make sure to ask your attorney to explain about "nolo" pleas and how they can sometimes be used against you later, even though the text of the nolo contendre statute says that they shall not. This is another example of the law as printed in the statute books not being a full and accurate statement of what the law is on a particular issue.)

    None of the above is legal advice, and I'm not anybody's lawyer and nobody reading this is a client. I am just tossing these ideas out here for us to debate and for other readers to consider as they try to assess what changes we may need to make in this state's gun control laws.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I have tried to contact this poster via email and received no reply.

    For what it is worth, however, the original post indicated it was in his own car. When he says "It was in my car out of sight" I believe the "it" to which he refers is the firearm, in spite of the preceding sentence discussing his expired firearms license. The very next phrase says, "which is my fault for not knowing it was illegal." Since it is not illegal to have one's firearms license out of sight, one can safely assume he is discussing the firearm.

    My guess is it was not in the glovebox or center console.

    Does the web admin have a better way to contact him?
     
  8. Gunstar1

    Gunstar1 Administrator

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    The only email listed is a gmail account. However since registration to the forum is not required I cannot say if it is a valid address.

    The username on here is the same as his email if you want to send him an email not created by the forum, which might be getting blocked or labeled as spam.
     
  9. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    There are two distinct possibilites: He is unable to respond, or he is unwilling to respond. My gut feeling is telling me it is the fromer rather than the latter. Tis a shame if all this time he has been incarcerated for a "malum prohibitum" (no pun intended) offense.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, the name is a pun, of sorts. It reflects my beliefs regarding all gun control laws - even the ones that 99.8% of the public would support.

    I hope you are not correct.
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Sent another email, just in case . . . :jail:
     
  12. glocked_n_loaded

    glocked_n_loaded New Member

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    i would get a lawyer and apply for license renewal asap!!! if you can get teh lawyer to get a continuance long enough for you to get your license renewed, you may be able to get the judge to withhold adjudication on this matter. like driving on a suspended driver's license... get your lisence back before court and the judge may make it go away.
    this is what i would try. .... good luck
     
  13. Black Ice

    Black Ice Member

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    You probably didnt see how old his post is.
     
  14. atlctyslkr

    atlctyslkr New Member

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    Should be out of jail now! I've never heard anyone getting busted for a gun in the car. On your person on the street yes but not in a car. There must be more to this. Maybe the gun was modified in some way.