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Thread: arested for ccf when open carring

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    arested for ccf when open carring

    i need help... i was arested for ccf when i was acctualy open carring. i have retained a lawyer but i am trying to do anything i can find any information i can to help my deffense. i would appreciate any help thank you. *wiggle, wiggle, wiggle YEAH!* ok sorry have to keep my spirits up.

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    Way too little details. -#1.
    What were you doing OC in Florida, if on other than private property? -#2.
    In either event, did you have a CCW, to begin with -#3?

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    Regular Member ADulay's Avatar
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    Quote Originally Posted by Joseph Dufresne View Post
    i need help... i was arested for ccf when i was acctualy open carring.
    OK, I'm thinking we'll be needing a bit more information than what you've posted.

    As with most things, the details make all the difference.

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    Quote Originally Posted by j4l View Post
    Way too little details. -#1.
    What were you doing OC in Florida, if on other than private property? -#2.
    In either event, did you have a CCW, to begin with -#3?
    1, what other details do you need im not sure what to put. 2, because i thought it was legal wich in the past it was, 3, no i dont have a ccw in nv its not requiared to open carry.

  5. #5
    Herr Heckler Koch
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    Joseph Dufresne Location florida Posts 2
    Quote Originally Posted by Joseph Dufresne View Post
    1, what other details do you need im not sure what to put. 2, because i thought it was legal wich in the past it was, 3, no i dont have a ccw in nv its not requiared to open carry.
    When in Rome, do as the Romans do. When in Florida, do as the Floridians do, not as Nevadans.

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    Quote Originally Posted by Herr Heckler Koch View Post
    Joseph Dufresne Location florida Posts 2 When in Rome, do as the Romans do. When in Florida, do as the Floridians do, not as Nevadans.
    it should not be a matter of state to state that is the point. the second amendment dose not alow for states to do as they want in theses casses but people do not stand up for there rights.

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    Quote Originally Posted by Joseph Dufresne View Post
    it should not be a matter of state to state that is the point. the second amendment dose not alow for states to do as they want in theses casses but people do not stand up for there rights.
    I'm guessing he wasn't fishing at the time... or maybe he was!

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    Quote Originally Posted by Herr Heckler Koch View Post
    Joseph Dufresne Location florida Posts 2 When in Rome, do as the Romans do. When in Florida, do as the Floridians do, not as Nevadans.
    Wow.

    So you were either carrying concealed (Illegal in Florida without CWP) or you were carrying openly (Illegal in Florida unless engaged in 'specific' activities--fishing, camping, competition--listed in state code. Either way you broke the law.

    'It once was legal' carries little weight as a defense, especially since open carry has been against the law for a good three decades.

    Your reluctance to post ANY details leads me to suspect a troll post.

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    Quote Originally Posted by Joseph Dufresne View Post
    it should not be a matter of state to state that is the point. the second amendment dose not alow for states to do as they want in theses casses but people do not stand up for there rights.
    Have fun in jail. You deserve it for the crime of aggravated ignorance.

    Just in case this isn't serious, you should also know we burn trolls at the stake.
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    Quote Originally Posted by Joseph Dufresne View Post
    i need help... i was arested for ccf when i was acctualy open carring. i have retained a lawyer but i am trying to do anything i can find any information i can to help my deffense. i would appreciate any help thank you. *wiggle, wiggle, wiggle YEAH!* ok sorry have to keep my spirits up.
    I'm sorry that the laws are what they are. They sometimes are convoluted and unjust. I was kinda in that situation decades ago as a very young, newly married boy who drove through 8 states in a U-haul with a loaded Beretta stuck between the seats. I was so naive. I was only thinking of my new bride's safety as we traveled across the country. I just assumed that gun laws would be just and biased TOWARD the law abiding potential victim and not there to protect the bad guys. I don't know how many state's laws I broke. Anyway the laws may suck but it is your responsibility to know them. You are probably screwed. Hope for mercy.

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    Quote Originally Posted by twoskinsonemanns View Post
    I'm sorry that the laws are what they are. They sometimes are convoluted and unjust. I was kinda in that situation decades ago as a very young, newly married boy who drove through 8 states in a U-haul with a loaded Beretta stuck between the seats. I was so naive. I was only thinking of my new bride's safety as we traveled across the country. I just assumed that gun laws would be just and biased TOWARD the law abiding potential victim and not there to protect the bad guys. I don't know how many state's laws I broke. Anyway the laws may suck but it is your responsibility to know them. You are probably screwed. Hope for mercy.
    +1 couldn't be said any better.

    Joseph Dufresne you need to know the laws of the state you are in, and abide by them. If you don't like them, then move or just don't go there. Better yet, lobby the elected officials to make the required changes. 2A, yes we all understand, but just doing as you please just because 'it should' that way isn't the way to do it. You will do more harm than good. Sorry to inform you but just as everybody is saying, you are most likely up poop creek with out a paddle. Your only chance of savior is if you were fishing, or camping at the time. If you ask me though, you should do you time just for sheer ignorance, and lack of responsibility.
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  12. #12
    Herr Heckler Koch
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    I had to check; the protagonist in The Shawshank Redemption was named Andrew, Andy Dufresne and it was filmed in Ohio's Mansfield Reformatory stand-in for fictional Shawshank, Maine -not Florida and not Raiford (FSP) at Starke.
    Last edited by Herr Heckler Koch; 05-30-2012 at 04:41 PM.

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    First of all, you shouldn't have been charged with CC (a 3rd degree felony) if you were open carrying (a 2nd degree misdemeanor).

    As far as the 2a argument, well, SCOTUS has not ruled on keep/bear outside of the home as yet.
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    I hope that you can 'prove' the pistol was unconcealed, then demand dismissal of the felony charge.

    "Maximum penalty on a 2nd degree misdemeanor is 60 days in the county jail.

    If you've never been in trouble before your more than likely not going to get any jail time. Pretrial Intervention (PTI) may be available, ask your attorney or ask when you go to court on your case. This will result in the State dismissing charges against you upon successful completion of a program or class. If you want to just resolve it you more than likely can pay a fine and get a Withhold of Adjudication." - grabbed off the internet....so confirm all this.

    On the extremely unlikely chance that you were carrying an antique firearm (i.e. cap n' ball revolver), a good attorney might get you completely off (or not) as antiques appear to be exempt from the prohibition against concealed carry and possibly from open carry as well.

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    Quote Originally Posted by Joseph Dufresne View Post
    1, what other details do you need im not sure what to put. 2, because i thought it was legal wich in the past it was, 3, no i dont have a ccw in nv its not requiared to open carry.
    From what your saying, you were open carrying in a state other than your home state, without a permit, and without knowledge of the laws.....Sound about right?

    It is YOUR responsibility to know the laws are every where you go. If what you are saying is true, you may be S.O.L!! You should call a lawyer, and stop posting on a public website.
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    FOIA.

    I suspect troll. Troll, or idjit.

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    There is a federal law that exists that prevents government from infringing on the people's rights to keep and bear arms. It is the 2nd Amendment to the United States Constitution. Based on the (few) details provided, the OP was bearing arms and had his right infringed upon.

    OP is not an idiot, ignorant, or stupid. The legislators, judges, and law enforcement officers that have upheld these unconstitutional tyrannical gun laws are. Why should anyone have to read any further into gun laws after starting at the top and reading "SHALL NOT BE INFRINGED." A reasonable person can read that and come to the conclusion that they have the right to keep and bear arms, and not only do they have that right, but the government shall not infringe upon it IAW the SUPREME law of the land.

    The Bill Of Rights isn't written in hieroglyphics. It says what it says.


    inb4 WELCOME TO THE REAL WORLD

    It is what it is. The OP just experienced TYRANNY in the LAND OF THE FREE. He did nothing wrong, illegal, or stupid. The only mistake he made was thinking he lived in a society where elected officials and law enforcement upheld the law.
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
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    Quote Originally Posted by Schlitz View Post
    There is a federal law that exists that prevents government from infringing on the people's rights to keep and bear arms. It is the 2nd Amendment to the United States Constitution. Based on the (few) details provided, the OP was bearing arms and had his right infringed upon.

    OP is not an idiot, ignorant, or stupid. The legislators, judges, and law enforcement officers that have upheld these unconstitutional tyrannical gun laws are. Why should anyone have to read any further into gun laws after starting at the top and reading "SHALL NOT BE INFRINGED." A reasonable person can read that and come to the conclusion that they have the right to keep and bear arms, and not only do they have that right, but the government shall not infringe upon it IAW the SUPREME law of the land.

    The Bill Of Rights isn't written in hieroglyphics. It says what it says.


    inb4 WELCOME TO THE REAL WORLD

    It is what it is. The OP just experienced TYRANNY in the LAND OF THE FREE. He did nothing wrong, illegal, or stupid. The only mistake he made was thinking he lived in a society where elected officials and law enforcement upheld the law.
    I agree, but the law of the land as we know it today only allows us to be FREE TO COMPLY.

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    There are a few ways to get this kicked out of court and beat the rap. But you can't even make a convincing argument or post in a gun friendly environment so you best learn not to drop the soap big boy. We will read about you in the funny papers PB.
    Last edited by ickthus; 06-01-2012 at 12:11 AM.

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    Quote Originally Posted by ickthus View Post
    There is a few ways to get this kicked out of court and beat the rap. But you can't even make a convincing argument or post in a gun friendly environment so you best learn not to drop the soap big boy. We will read about you in the funny papers PB.
    That was going to be my suggestion...Don't let anybody put a banana up your tailpipe...

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    Quote Originally Posted by Joseph Dufresne View Post
    1, what other details do you need im not sure what to put. 2, because i thought it was legal wich in the past it was, 3, no i dont have a ccw in nv its not requiared to open carry.
    ... You REALLY REALLY REALLY need to read this entire forum from page 1- to page 20304050607607078080809890 , and then re-consider the above answer.

    IF- OC were even remotely legal EVERYWHERE, or, even carrying at all, WHY would there even be a forum dedicated to attempting to get it so, in places where it is not? Why would it even be an issue worthy of discussing? Do you see forums like this for Driver's Licensing, for example?


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    Last edited by j4l; 05-30-2012 at 08:58 PM.

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    Thumbs down

    Quote Originally Posted by Schlitz View Post
    He did nothing wrong, illegal, or stupid. The only mistake he made was thinking he lived in a society where elected officials and law enforcement upheld the law.
    Honestly, that's pretty stupid. One would have to live under a rock to believe that.

    If his intent was to make a political statement in defiance of an unconstitutional law, more power to him. However, it more sounds like he was just completely ignorant and willfully uninformed, and is now whining that his ignorance should now excuse him from the consequences of his decision.
    Total ignorance: an Obama supporter's stock in trade
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    All the talk about Overthrowing Big Government, Revolution, etc., it's just another one of those nostalgic ideas that individuals have idealized.
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    Quote Originally Posted by pistolpackingmomma View Post
    foia.

    I suspect troll.
    big time!
    Last edited by jbone; 05-31-2012 at 12:36 PM.

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    Quote Originally Posted by jbone View Post
    big time!
    Yeah. Im gonna agree. Profile fits....
    The only terrorists I see nowadays are at the Capital.


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    The fact that there was no response for more information fosters suspicion.
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