imported post
CV67PAT wrote
I've seen the 1st AG opinion which answers the question of a holster on the outside of clothing. What was the second one you refer to?
Insofar as the flap holster, it is a holster that, if worn on the outside of your clothing would meet the criteria of the 1st AG opinion.
What was the "technicality" that got you to plead guilty? What crime were you originally charged with and what did you ultimately plead guilty to? Was there a reason that your lawyer didn't want to take it to trial? Did he not feel that your case was "winnable"? And if so, why not? What were the circumstances of your being charged?
This information, based on your first hand experience, can serve to greatly educate those without a CPL that wish to OC.
It can further help to enlighten those of us that have a CPL and wish to OC in PEZs lawfully.
The second AG opinion would require me to go threw a 2 inch stack of my court transcripts. The AG opinion that I am referring to was explained by my 35th district court judge in trying to understand why I was being charged.
What were the circumstances of your being charged?
That is easy. I felt that because the firearm was in plain view while being carried in an IWB holster, that I was within the law and good to go. All though common sense tells us that if the firearm is in the open, and any passer by can readily see it and tell it is in fact a firearm then it is in the open. However, as we have seen, read and heard in Wayne County, you will be charged and you will be tried by the County Prosecutors Office, who has made it apparent that they have political anti gunner views.
What crime were you originally charged with and what did you ultimately plead guilty to?
I was originally charged with open carry of a firearm. That charge was dropped then I was charged with concealed carry without a permit. I ultimately plead guilty to a misdemeanor charge of disturbing the peace.
Was there a reason that your lawyer didn't want to take it to trial?
Yes. Myself and my attorney both wanted to take it to trial, but decided that the Wayne County Prosecutors office would drag the case out and that the end expense would have been far to expensive for me.
Did he not feel that your case was "winnable"?
I felt that in Wayne County, we had a 50/50 chance due to the jury pool that we would have had. My attorney felt that we had a strong chance at winning, but again, the end cost on me was to great.
What was the "technicality" that got you to plead guilty?
I never plead guilty to the original felony charge. I did however, plead guilty to disturbing the peace. The reason for doing so, was because at the time, the prosecutors office were having there current and past case files being audited by another government agency, because there were accusations of corruption, and in adequate handling of case files and charges.
Further more, to my surprise, 1 week after sentencing to the misdemeanor charge of disturbing the peace, which was at the time a 3 year restriction on CPLs, was removed from the CPL restriction list because it was to vague of a charge or conviction.
