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Discussion Starter · #1 ·
:| Sigh.

So, this place looks like a diner, and I eat (I will not disclose the location so as to not allow any overzealous prosecutors to establish venue and slam me in jail). On the way out, I check out a neat side room that might be suitable for a GCO meeting in the near future, and I notice it has a bar!

:shock:

No indication that this place served alcohol for consumption on the premises until I saw it.

:jail:

Had I needed to use my weapon, I would have been denied immunity. Possibly jailed.

:?

There is something wrong with criminal laws that one can violate with no intention of doing so.
 

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That has been my feeling for a long time. I don't want to think this hard. We all know it's a against the law to run a red light. Simple, straightforward. That's how our carry laws should be.
 

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With the amount of laws that we have on both a federal and state level, I am sure we each break at least one law per day.
 

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Rammstein said:
With the amount of laws that we have on both a federal and state level, I am sure we each break at least one law per day.
"There's no way to rule innocent men. The only power government has is the power to crack down on criminals. When there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws." - Ayn Rand
 

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I broke the law accidently tonight too. I was carrying my PPK/S instead of my Glock tonight. When we decided to get a slice of pizza, and I forgot that I had the PPK on me. With the size of the Glock I always know it's there. My wifes Saab has heavily bolstered seats that always press it against my side, reminding me that it's there. With the smaller size of the PPK/S I didn't have that reminder. I'll have to be more careful in the future.
 

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Lawyer and Gun Activist
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overzealous prosecutors

Overzealous prosecutors? (looks around) Where? Are we safe here? I don't think any followed me in.
 

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Statute of Limitations

MP, the funny thing about our Statute of Limitations in criminal cases is that the time doesn't start to run until the crime is known and the suspect is identified. So if, let's say 25 years from now, you're telling somebody this story and THEN you include some information about venue and date, some overzealous prosecutor (or will they ALL be overzealous as to gun violations by then?) could theoretically charge you! And you would not be able to argue that the Statute of Limitations has run out.

Of course our criminal venue statute really isn't much of an obstacle to prosecution in most cases today. If there is no evidence of where the crime actually did take place, venue is proper in any county where it could have taken place! I'm not sure that statute's broad reach is permissible under the state constitution, but you can't say the legislature isn't doing everything in their power to remove any obstacles to prosecution of crimes.
 

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Mistake of Fact

Does the doctrine of mistake of fact apply to your situation here, MP? You weren't mistaken as to the law---and we all know ignorance of the law is no excuse. You were mistaken as to the nature of the place you visited. You thought that they didn't have a pouring license, and they in fact did. But if the facts were as you reasonably believed them to be, it would not have been any crime at all.

It's not like carrying a gun is already a crime, and there's just enhanced punishment for carrying in certain areas (like possessing cocaine is always illegal, but MORE illegal in school zones and near public housing).
 

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Oh, our laws go beyond stupid here. You can't live without breaking SOME law.

For instance: When I moved into my current home 2 years ago, I owned a 1980 Caddy hearse (just sold it a month ago). On occassion I'd park it at the top of my driveway/yard with about 4/5 of the car in my yard, and the last 1/5 of it on the street. I would park it that way to ensure road traffic had plenty of space and it wasn't in danger of being hit.

Well, apparently some neighbors didn't like me owning a hearse...so they called the cops. Cop showed up, gave me a warning, and said I had X amount of days to move it to a "hard surface". Seems that in Cobb County (dunno about others) there's a law that says any vehicle must have all wheels touching a "hard surface" (pavement, concrete, gravel, etc.). No part of the tires may be resting on grass, etc.

After reading this warning, I looked at the cop and asked "So, you're telling me that having my vehicle off the side of the road to allow two-way traffic is illegal...but I can move it entirely onto the road (still parking where it is now), and block one entire lane...and that's perfecty legal?" "Yup" said the cop.

*rolls eyes*

So, just to piss off the neighbors who called the cops, I did just that. Left it there a month. Every now and then, a cop would come by (I'm assuming they got more complaints), take a look, see that I was legally parked on the side of the street (and blocking one entire lane), and then leave. Bet that pissed off a few folks... 8)

Point being...we have no real idea just how many stupid, silly laws are out there just waiting to bite us in the arse...
 

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Oh...and to clarify the above story... Not one time did any neighbor come by and politely *ask* me to move the hearse. Hell...not one neighbor even came by to introduce themselves when I moved in. :roll:
 

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thats the metro

I lived in Lawrenceville for 8 years never talked to a neighbor. I lived in Doraville for 6 months and met all my neighbors. The outer burbs are more closed.
 

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asbrand said:
Oh...and to clarify the above story... Not one time did any neighbor come by and politely *ask* me to move the hearse. Hell...not one neighbor even came by to introduce themselves when I moved in. :roll:
They saw you carrying a gun day in & day out & were scared that speaking to yu might result in a blood bath.... :wink:
 

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Re: Mistake of Fact

gunsmoker said:
Does the doctrine of mistake of fact apply to your situation here, MP? You weren't mistaken as to the law---and we all know ignorance of the law is no excuse. You were mistaken as to the nature of the place you visited. You thought that they didn't have a pouring license, and they in fact did. But if the facts were as you reasonably believed them to be, it would not have been any crime at all.

It's not like carrying a gun is already a crime, and there's just enhanced punishment for carrying in certain areas (like possessing cocaine is always illegal, but MORE illegal in school zones and near public housing).
Gunsmoker I do believe you are correct, we went through that mental exercise several months ago when MP broke the law for the first time.
 

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Discussion Starter · #15 ·
Re: Statute of Limitations

gunsmoker said:
MP, the funny thing about our Statute of Limitations in criminal cases is that the time doesn't start to run until the crime is known and the suspect is identified. So if, let's say 25 years from now, you're telling somebody this story and THEN you include some information about venue and date, some overzealous prosecutor (or will they ALL be overzealous as to gun violations by then?) could theoretically charge you! And you would not be able to argue that the Statute of Limitations has run out.

Of course our criminal venue statute really isn't much of an obstacle to prosecution in most cases today. If there is no evidence of where the crime actually did take place, venue is proper in any county where it could have taken place! I'm not sure that statute's broad reach is permissible under the state constitution, but you can't say the legislature isn't doing everything in their power to remove any obstacles to prosecution of crimes.
:-s

Hmmm . . . :-k

In that case, I did not post the above. [-( Somebody must have hacked into my account. :whistle:

:cantsay:
 

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Re: Statute of Limitations

Malum Prohibitum said:
In that case, I did not post the above. [-( Somebody must have hacked into my account. :whistle:

:cantsay:
Must have been your wife ..... who you threw under the bus when you testified at the Capital.
 

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Or picked it out... I smell conspiracy
 

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Discussion Starter · #20 ·
She buys almost all of my clothes. She has good taste! :D
 
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