Thank God for Texas

POSTED BY: Wulfenstar
UPDATED: Monday, January 12, 2009 13:45
VIEWED: 2363
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KIRKULES

Thursday, January 8, 2009 10:05 PM

Quote:
Originally posted by Hero:
Quote:
Originally posted by Kirkules:
If you are pulled over by a policeman and you have a concealed weapon under you car seat, and the officer asks if you have any concealed weapons, you better say yes. If you say no, and they find the weapon you could be looking at 5 years in prison because you have demonstrated the intent to conceal.

In Ohio its a felony to fail to disclose the weapon when asked, permit or not (its a condition of the permit that you agreed to when you applied for it).

Have a nice fella charged that way right now. I plan to give him a misdemeanor if he gives up the gun. Real expensive Glock...hoping we can send it to the PD rather then the steel mill.

H

A Florida concealed weapons permit is honored by something like 35 other States, but you need to know the law in each individual State. Some States require that you hand your Permit to a Police Officer with your drivers license whenever you are pulled over. Other States restrict the type of weapon you can carry. In Florida you can carry a Switchblade, Blackjack, Handgun or other non lethal weapons, other States might only allow a Handgun.

Those from States that don't allow concealed carry might not be aware that you don't need to be a Florida resident to get a Florida concealed weapons permit. You still wouldn't be able to carry a concealed weapon in your own State, but you could in other States that honor Florida permits, except those that require your permit be from your home State.

FREMDFIRMA

Friday, January 9, 2009 2:55 AM

True that - my first CCW was actually a blade.

Strangely, due to various quirks of law, I can carry, but not "conceal" my old Kabar Widowmaker, which would kind of defeat the purpose of carrying the cursed thing in the first place, if it weren't so useful for tool purposes more than anything else.

-F

HERO

Monday, January 12, 2009 1:45 PM

Quote:
Originally posted by Wulfenstar:
Hero?

Really? Why?

Give him back the tool he uses to defend himself and slap him with a fine.

Thats justice. Thats fair.

Is it really? The legislature in its infinite wisdom says that a person with a permit failing to disclose a firearm to the officer is a felony. Its in the permit paperwork and its specifically taught as part of the class they have to take (and its common sense).

Now I got a guy here who I believe committed the offense...he must plead guilty or go to trial. The mitigating factor is his complete lack of record and that his omission was unintentional (also the cops vouched for him). I weigh all these factors and keep in mind the most important consideration must always be Officer safety. We recently lost an officer who was killed by someone with a CCW permit and a licensed weapon.

Weighing all the factors I decide to give him a break and reduce his charge from a felony to a misdemeanor. The new charge is an M-1 (up to 6 months in jail and $1,000 fine). I ask for suspended jail time and a $250 fine AND he gives up the gun. I consider the offense that serious. But he keeps his permit, this offense will not bar him from getting it renewed, and he can buy another firearm. Cops get the gun for department use. Lesson learned, no real harm done.

Defendant is happy (no jail, can keep permit), cops happy (guy learned lesson, hey...nice gun), Def atty happy (my client didn't have to eat felony or go to jail), and I'm happy (Battlestar Galactica comes back Friday).

It all worked out.

H

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