I would recommend that you check on the status of UOC in CA before you call Mike and John out. You will save yourself some embarrassment.
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My False Arrest
- Thread starter tCan
- Start date
I would recommend that you check on the status of UOC in CA before you call Mike and John out. You will save yourself some embarrassment.
Sent from my Nexus 7 using Tapatalk 2
NC-Heel
Regular Member
My bad, I did not know they changed that the first of the year. I do not keep up with certain states laws as I refuse to voluntarily visit any state that does not share reciprocity with North Carolina and the state of Arizona.
I recommend everyone in California carry a unloaded rifle around.
ncwabbit
Regular Member
my reading comprehension? REALLY??
Quote: NC-Heel: Whoa, don't attack me. You don't want to go there. unquote.
And pray tell why not mate...tis bad when you mouth off and spew material off the cuff and even the out of staters slap you down for spouting incorrect information...
quote: NC-Heel: I am behind the guy if he did nothing wrong. unquote. oh wait...maybe you should think about changing your name to something like say...THOMAS!!
wabbit
PS: thanks to our friend from TN for pointing that rule tidbit out...us un-ed-u-ma-cated folk down here in the south have bad reading comprehension as pointed out by the lad in KY
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carolina guy
Regular Member
1. I called police who broke the law pigs. I see nothing wrong in that.
2. We chose my lawyer based on recommendations.
3. I am not a lawer. It is not my duty to supply the members of this forum with up to the minute accurate information on whatever law we may be happening to be discussing. The poster asked for a general synapses of gun laws in NC. I obliged. All the statutes in that article are referenced and can be researched if the OP should desire. Given the recent trend of relaxing gun laws, I think worst case scenario she'd be erring on the side of caution assuming something had changed.
You all may believe this did not happen, or that I did in fact break some law. If the former, there's nothing I can do that can convince you otherwise. If the latter, you'd think I'd have been charged with those violations instead of these vague, stack-on charges...
If you don't mind my asking...what was their reasoning for the GATTOP and resisting charges?
Were you carrying the rifle slung "properly"?
Ultimately, you had to go with what you were comfortable with based on the advice you were given. Next time (if there is)...take a recorder.
NC-Heel
Regular Member
I will ask again.
Lastly ncwabbit, how is pointing him towards GRNC insulting? Is this not what they stand for? Protection of our 2A rights with no compromising.
and who is Thomas.
Lastly ncwabbit, how is pointing him towards GRNC insulting? Is this not what they stand for? Protection of our 2A rights with no compromising.
and who is Thomas.
bc.cruiser
Regular Member
This Thomas would have a first name of Doubting..........
Seigi
Regular Member
Did you sign any agreement not to sue the officers for deprivation of rights under 42 USC 1983? It awards attorney's fees to prevailing plaintiffs; you might be able to get a lawyer to take it on contingency.
NC-Heel
Regular Member
I'm behind the guy if his story holds water. Too many people tell a story and leave out the important stuff. A sheathed, shouldered rifle is not GATTTOTP. Was it actually shouldered? Asking why you are being physically detained is not resisting, trying to pull away from an officer is.
I know a girl who got a DWI the other night but blew a 0.00. Her story to me was she pulled into a gas station due to exhaustion to take a nap. Officer came up to check on her and asked if she had anything to drink and she replied a couple of beers earlier in the day. She told him she was sleeping because she was tired. I told her something did not sound right and she had to have done something to warrant a charge. She said she did nothing. Well the truth came out and she had actually pulled into the station to get gas and fell asleep at the pump with the car running and headlights on. The station called the cops. That warrants the charge.
twoskinsonemanns
Regular Member
EMNofSeattle
Regular Member
Maybe fatigued driving is grouped with impaired driving in the vehicle code is the only explanation I can think of. Otherwise there is no way that warrants a DUI, although it might warrant fatigued driving citation..
davidmcbeth
Banned
A blonde? Nappy nappy time .. zzzzzzzzzzz
ncwabbit
Regular Member
nice hijack...
wabbit
wabbit
tCan
Regular Member
Precisely my thinking. Doesn't mean I'm happy about it though. If he knew he had no case, let me keep my gun and dismiss it outright.
Of course not. Contingency is something I will look into once this case is completely concluded.
Don't worry. It will take more than a knee jerk rebuke from random people on the internet to squash my love of liberty.
PS: I don't know much about GRNC, but have no major issues with them. I'm sure they're not perfect, just as the NRA is not perfect. Currently, I'm only an NRA member, but I'm looking at Gun Owners of America also.
If you don't mind my asking...what was their reasoning for the GATTOP and resisting charges?
Were you carrying the rifle slung "properly"?
Ultimately, you had to go with what you were comfortable with based on the advice you were given. Next time (if there is)...take a recorder.
Thank you for your interest in the matter at hand. The case never went to court. It never will. It will be dismissed, meaning there will be no resolution. Several posters have made clear their feeling that this somehow sends the message to police that it is okay to continue to arrest individuals under similar situations as mine. It probably costs the state more than my (not insignificant) lawyer fees to arrest, charge, jail, release, arraign, and then dismiss a case. The state will have to return my bail bond, meaning they get not a dollar from me in this whole deal - so there is at least some motivation for this not to continue.
To answer your original questions, the effect is that we know little about how they would have presented their case. My gut tells me (based on certain pieces of information not shared here) that they made the arrest, and then went through the book looking for things to justify it with. So if I spoke with the officers, I'd expect their version of probable cause to be fairly weak.
The rifle was in a scabbard. Essentially a soft bodied case with an open end. A great way to transport a rifle securely without totally sacrificing access to it.
Mostly this discussion -here and elsewhere- teaches me that regardless of what kind of game the gun community talks, their opinion (as a whole) and reaction to the sight of a gun is no different than your average uninformed, big media indoctrinated citizen. The disconnect between what I see at the legislative level -that is, the increasing protections for our gun rights- and in talking with the voting people sensitive to the issue kind of has me scratching my head. But I guess I can't complain.
I wish you all the best in OpenCarry forum, but I think I'll be satisfying my firearm interests elsewhere.
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razor_baghdad
Regular Member
soooooo.......Let me get this straight, you post a 2007 NCHandGunLaw .pdf for someone looking for information on carrying a gun in NC, you get arrested, paid 40K for a $100 gun - went to court with weak legal defense, but we're the uninformed, media indoctrinated citizens?
No, you can't complain. A lot has changed concerning OC/CC in NC in 5 years.
Your goolgefu is weak, obi wan
If you post your story or otherwise out-dated information on other firearm forums, be prepared for a similar response/reception.
Study up and Stay safe tCan. Best of luck with the case.
carolina guy
Regular Member
soooooo.......Let me get this straight, you post a 2007 NCHandGunLaw .pdf for someone looking for information on carrying a gun in NC, you get arrested, paid 40K for a $100 gun - went to court with weak legal defense, but we're the uninformed, media indoctrinated citizens?
No, you can't complain. A lot has changed concerning OC/CC in NC in 5 years.
Your goolgefu is weak, obi wan
If you post your story or otherwise out-dated information on other firearm forums, be prepared for a similar response/reception.
Study up and Stay safe tCan. Best of luck with the case.
Razor...
The OP posted the link for the .pdf on the NC Sheriff's Assoc site...and it shows they have been too lazy to update the link to indicate the newer version. If you open the link, it is the Cooper December 2011 version -- still out of date given recent court cases, but a tad more up-to-date.
Also, he didn't want to spend $40k to defend a $100 rifle. While, IMO, I think his attorney was quoting a rather high amount to defend this in court, it is what it is.
His attorney did get the charges dismissed without needing to go to court, but he had to surrender the rifle.
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carolina guy
Regular Member
Precisely my thinking. Doesn't mean I'm happy about it though. If he knew he had no case, let me keep my gun and dismiss it outright.
Of course not. Contingency is something I will look into once this case is completely concluded.
Don't worry. It will take more than a knee jerk rebuke from random people on the internet to squash my love of liberty.
PS: I don't know much about GRNC, but have no major issues with them. I'm sure they're not perfect, just as the NRA is not perfect. Currently, I'm only an NRA member, but I'm looking at Gun Owners of America also.
Thank you for your interest in the matter at hand. The case never went to court. It never will. It will be dismissed, meaning there will be no resolution. Several posters have made clear their feeling that this somehow sends the message to police that it is okay to continue to arrest individuals under similar situations as mine. It probably costs the state more than my (not insignificant) lawyer fees to arrest, charge, jail, release, arraign, and then dismiss a case. The state will have to return my bail bond, meaning they get not a dollar from me in this whole deal - so there is at least some motivation for this not to continue.
To answer your original questions, the effect is that we know little about how they would have presented their case. My gut tells me (based on certain pieces of information not shared here) that they made the arrest, and then went through the book looking for things to justify it with. So if I spoke with the officers, I'd expect their version of probable cause to be fairly weak.
The rifle was in a scabbard. Essentially a soft bodied case with an open end. A great way to transport a rifle securely without totally sacrificing access to it.
Mostly this discussion -here and elsewhere- teaches me that regardless of what kind of game the gun community talks, their opinion (as a whole) and reaction to the sight of a gun is no different than your average uninformed, big media indoctrinated citizen. The disconnect between what I see at the legislative level -that is, the increasing protections for our gun rights- and in talking with the voting people sensitive to the issue kind of has me scratching my head. But I guess I can't complain.
I wish you all the best in OpenCarry forum, but I think I'll be satisfying my firearm interests elsewhere.
Glad you took the time to reply...and hope you OC again in the near future. CMPD needs to get their priorities straight and learn the law. Hope to see you again around here, and good luck on the successful final resolution to your case coming soon!
tCan
Regular Member
I'm not sure where this $40K figure came from, the cost to me has been several fold less than that....
I also never said my lawyer was crappy. He's pretty experienced. His "style" just makes it hard to get information. This is more or less my only complaint... Kind of gets offset by the fact he got me off I think.
I also never said my lawyer was crappy. He's pretty experienced. His "style" just makes it hard to get information. This is more or less my only complaint... Kind of gets offset by the fact he got me off I think.
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