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Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Thu Sep 03, 2009 9:38 am
by Dave01
mr.72 wrote:
Anyway, point is that, while it may have been adequately concealed for most purposes, this all goes out the window once you get stopped and the cops start looking into the vehicle to find things. It's going to be a tough argument to make, that the gun was concealed, when all that it took to reveal it was a flashlight.
Technically, he had to bend down and look directly in the compartment, after he was told where it was. If the OP was carrying the gun under the seat (as you mentioned in a previous post), how would this have been different? The officer would have taken his flashlight, bent down and looked directly under the seat. Exactly the same thing he did to look in the compartment. This would suggest that under the seat carry is not properly concealed by this officers definition either.
I'm not that familiar with 15 passenger vans, but they tend to sit pretty high. If the compartment faced the front window (center console), there is no way you could see a gun tucked into a compartment under the cup holder unless you were standing on the hood. If the compartment was in the dash facing the seats, maybe you could see it from a side or rear window but that would still be iffy. Besides, in a lot of vans those windows have heavy tint.
Dave
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Thu Sep 03, 2009 9:54 am
by dicion
mymojo wrote:never discuss the details of a legal issue on the internet prior to your day in court.
the three rules(as I understand them):
1) SHUT UP.
2) Get a lawyer
3) SHUT UP.
not trying to be a jerk, but I'd hate for this post to comeback and bite ya int he you know what later.
You forgot one, its actually more of a subtext of #1 though.
1)a) Tell your friends/Family members who think they're 'helping' to also
SHUT UP.
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Thu Sep 03, 2009 11:19 am
by austin-tatious
Posting so I can watch this. Is there a way to mark a thread to get notified when someone posts to it without posting?
And,
Get the lawyer! And quit talking about it until it's done with. Then we all want to the OP to tell us how it was resolved!
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Thu Sep 03, 2009 12:23 pm
by DoubleJ
ya, sure, you betcha.
hit the "subscribe topic" button. it's spoda notify you of new posts.
I'm rather curious to hear what Charles would think of this. course, it's not like he could post his thoughts on the subject here
good luck, sir.
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Thu Sep 03, 2009 12:24 pm
by joe817
austin-tatious wrote:Posting so I can watch this. Is there a way to mark a thread to get notified when someone posts to it without posting?
And,
Get the lawyer! And quit talking about it until it's done with. Then we all want to the OP to tell us how it was resolved!
Edit: DoubleJ gave correct information above.
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Thu Sep 03, 2009 12:26 pm
by karder
mymojo is right. Lawyers can play pretty dirty and twist a simple comment to make it imply a hundred different things. Say as little as possible and get yourself a good attorney. Unfortunately, our legal system is less about right and wrong and more about how much you are willing to spend on your defense. I am sorry for your troubles here. There are a lot of really good cops out there, a few really bad ones, but hundreds of officers who don't adequately understand the gun laws. They see a gun, they take you in. It is then your problem to bail out, find a good lawyer, and go through the process all while trying to do damage control with your employer, family and friends. Good luck to you.
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Thu Sep 03, 2009 4:49 pm
by bdickens
You've already said too much. I'd go back and heavily edit your original post. Then get a lawyer.
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Thu Sep 03, 2009 5:11 pm
by austin-tatious
joe817 wrote:austin-tatious wrote:Posting so I can watch this. Is there a way to mark a thread to get notified when someone posts to it without posting?
And,
Get the lawyer! And quit talking about it until it's done with. Then we all want to the OP to tell us how it was resolved!
Edit: DoubleJ gave correct information above.
Thanks to both of you. It's so easy an engineer can do it.
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Thu Sep 03, 2009 10:57 pm
by LostInAustin
bdickens wrote:You've already said too much. I'd go back and heavily edit your original post. Then get a lawyer.
Excellent advice "bdickens"!
Get a gun friendly lawyer also.
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Thu Sep 03, 2009 11:24 pm
by ELB
+1 on the lawyer.
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Fri Sep 04, 2009 10:12 am
by DoubleJ
joe817 wrote:
Edit: DoubleJ gave correct information above.
QFT
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Fri Sep 04, 2009 10:58 am
by shootthesheet
Thank you for your post. I was trying to warn against a lawyer that had no experience in "gun law" and that they could do more damage than good if the lawyer didn't properly convey what happened to the court or who ever.
ScottDLS wrote:shootthesheet wrote:Get a lawyer. Contact the NRA and they can give you contact info for a good lawyer in your area. Also ask them if you are eligible for help to pay for this all. I hope you are a NRA member and if your not you will join now. If this happened as described your civil rights have been violated and you need to defend yourself or you risk never being able to own a gun again. This is a very bid deal and you do not want to let it pass without getting a good lawyer and defending yourself. Do not allow your lawyer to strike a "deal" unless you’re not telling the full truth on this. From what I have heard a lawyer that does not know gun laws, or care to, will push you to accept a deal that will destroy your ability to own a gun and possibly get a license from the state or get another job in your chosen career.
http://www.nradefensefund.org/" onclick="window.open(this.href);return false;
While I agree with "shootthesheet" that an aggressive defense lawyer is required in this matter, I see nothing that indicates a risk of not being able to own a gun again. UCW in Texas is a Class A Misdemeanor and not a bar to firearm ownership, federally or otherwise. It is however serious, and upon conviction could result in jail time and significant fines. UCW, as any class A or B misdemeanor, is a bar to obtaining a CHL for 5 years from conviction. So recently applied for license will be in limbo until disposition. Not aware that a misdemeanor conviction is an issue for a TACL, although it could be an issue for OP's employer. My best advice is similar to "shootthesheet". Don't "plead" to a crime you didn't commit. Even upon conviction by a jury this is a Class A misdemeanor, assuming no priors jail time seems unlikely. Based on original post seems like the State or County has a very weak case. Indicate your willingness to fight by hiring a good lawyer and there's a good likelihood this could go away.
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Fri Sep 04, 2009 11:59 am
by stevie_d_64
Man, I go away for a day or so because I told the dentist, "Sure, sedate me so you can pull that tooth!!!"...
Then Princess Vicodin keeps me in slumber mode for most of the next day...
And I miss the original post!!! Good show!!! Thats what I like to see!!!
I'm glad we learned from the old "Pharmacy hold-up" story a while back...
This will sure be interesting to see what happens with this one though when the final gavel drops...
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Fri Sep 04, 2009 12:33 pm
by cdc101
Wishing all the best to the OP!
Re: Arrested for Unlawful Carry of a Weapon in a vehicle
Posted: Mon Sep 07, 2009 10:12 am
by roberts
dmac wrote:We all know that the 15 passenger van is the new favorite of the gangsta set!
There are exceptions to every sterotype.
http://www.chron.com/disp/story.mpl/met ... 01933.html" onclick="window.open(this.href);return false;