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Thread: Few questions

  1. #1
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    First off, me and my friend have been thinking about OCing for some time now, he has done it once so far with no problems. I am a little nervous about it myself because I don't have the cleanest record, so I guess my main question is what are the exact requirements?

    From the news cast it stated you just can’t have a round in the chamber and you’re fine.

    I currently have a pending felony that has been pending for about 3 years now, which prohibits me from purchasing a new firearm, but does this also prohibit me from being able to OC?

    Also I would just like to add that the felony charges are from a “burglary”. My wife at the time locked herself inside her dads house with another man, and I broke in to catch her (I know stupid move on my part) but the cops were called and I was arrested for it just the same.


    Any info would help.

    Thanks, Dave



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    Hey, welcome to OCDO. I am not a lawyer and thus anything I saw it not legal advise.

    With that said, I would say with the pending felony that you probably won't want to carry until that is cleaned up and what not. I personally wouldn't chance it. And since you can't get a firearm I'm pretty sure you can't OC.

    Might want to try to get it cleared up ASAP and get it off your record so you can carry.
    Charles A. Hall, self-proclaimed Lone Eagle || Carry: Kahr CW40
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    Ya thats what i was figuring. My lawyer that i had gave me back my retainter because it had been so long without any charges filed, he also informed me that once its been 5 yrs i cannot be charged. I guess i'll just have to wait another 2 years before i'll feel safe to OC.



    Thanks

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    Or you might be able to goto the judge and be like, "Hey, what is going on? Can I get this off my record since I'm not getting charged?" Then again it might back fire. Might be able to get information that your wife was cheating and use that as part of a defense to get it off the record as well. But remember, I Am Not A Lawyer (IANAL).
    Charles A. Hall, self-proclaimed Lone Eagle || Carry: Kahr CW40
    Lone Eagle Observer (http://www.charlesahall.us)
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  5. #5
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    Adultery is not illegal in the state of utah, so that doesn't help me

    Looks like i just get to wait another 2 years

  6. #6
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    Tweak wrote:
    Adultery is not illegal in the state of utah, so that doesn't help me

    Looks like i just get to wait another 2 years
    Welcome Tweak (),

    We hope to have you here on the forume so that you, when the time comes, can WITHOUT worries OC with the power of ALL the knowledge that you have gatheredfrom all these "gun-nut".

    Good to have you, stay safe and hope to see plenty of you around.



    TJ

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    Tweak wrote:
    I currently have a pending felony that has been pending for about 3 years now, which prohibits me from purchasing a new firearm, but does this also prohibit me from being able to OC?
    You really need to ask a lawyer about that, but here's my opinion: If it's legal for you to own a gun, it's legal for you to carry it. I wasn't aware there was a limbo area in which you were allowed to own weapons you already had, but couldn't purchase new ones.

    On the other hand, if an overzealous cop did stop you while OC'ing, your "burglary" might well make things tougher for you, and it would probably make it much harder to fight any disorderly conduct charge.

  8. #8
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    My advice is don't try to get into any house at night without keys. Even your own!

    People are 911 happy.

  9. #9
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    Clarification please....

    Pending Felony... as in arrested for Burglary but you have not formally been charged? or you have been charged, but not been convicted?

    First, I am NOT a lawyer so this is NOT legal advice....

    I think the statute is convicted of a felony....



    Another 2bit suggestion....

    Don't do it ever again.... it just ain't worth it!

    JoeSparky
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

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    Here is the law for who can/can't own guns


    76-10-503. Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons.
    (1) For purposes of this section:
    (a) A Category I restricted person is a person who:
    (i) has been convicted of any violent felony as defined in Section 76-3-203.5;
    (ii) is on probation or parole for any felony;
    (iii) is on parole from a secure facility as defined in Section 62A-7-101; or
    (iv) within the last ten years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony as defined in Section 76-3-203.5.
    (b) A Category II restricted person is a person who:
    (i) has been convicted of or is under indictment for any felony;
    (ii) within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony;
    (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
    (iv) is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;
    (v) has been found not guilty by reason of insanity for a felony offense;
    (vi) has been found mentally incompetent to stand trial for a felony offense;
    (vii) has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed to a mental institution;
    (viii) is an alien who is illegally or unlawfully in the United States;
    (ix) has been dishonorably discharged from the armed forces; or
    (x) has renounced his citizenship after having been a citizen of the United States.
    (2) A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under his custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under his custody or control:
    (a) any firearm is guilty of a second degree felony; or
    (b) any dangerous weapon other than a firearm is guilty of a third degree felony.
    (3) A Category II restricted person who purchases, transfers, possesses, uses, or has under his custody or control:
    (a) any firearm is guilty of a third degree felony; or
    (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
    (4) A person may be subject to the restrictions of both categories at the same time.
    (5) If a higher penalty than is prescribed in this section is provided in another section for one who purchases, transfers, possesses, uses, or has under this custody or control any dangerous weapon, the penalties of that section control.
    (6) It is an affirmative defense to a charge based on the definition in Subsection (1)(b)(iv) that the person was:
    (a) in possession of a controlled substance pursuant to a lawful order of a practitioner for use of a member of the person's household or for administration to an animal owned by the person or a member of the person's household; or
    (b) otherwise authorized by law to possess the substance.



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    xmirage2kx wrote:
    Here is the law for who can/can't own guns


    76-10-503. Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons....
    .......................
    (b) A Category II restricted person is a person who:
    (i) has been convicted of or is under indictment for any felony;
    ........................
    (3) A Category II restricted person who purchases, transfers, possesses, uses, or has under his custody or control:
    (a) any firearm is guilty of a third degree felony; or
    (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
    ....................
    If you are under indictment, I would suggest you find someone who can store your firearms then clear your name ASAP.

  12. #12
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    UTAH STATE LEGISLATURE
    Home | Site Map | Calendar | Code/Constitution | House | Senate | Search
    76-7-103. Adultery.
    (1) A married person commits adultery when he voluntarily has sexual intercourse with a person other than his spouse.
    (2) Adultery is a class B misdemeanor.

    Amended by Chapter 241, 1991 General Session
    Download Code Section Zipped WordPerfect 76_07_010300.ZIP 1,543 Bytes




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    Last revised: Thursday, May 01, 2008


    Actually, it is. Thought this might help you out.

    If it isn't broke, then don't fix it, or you'll fix it until it's broke.

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