-
We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
-
If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
-
Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Open Carry Case
- Thread starter r00tz
- Start date
SlackwareRobert
Regular Member
imported post
WTF you have to pay for your own fingerprinting.
What sort of nickle and dime BS is that?
He should demand they return the prints, he paid for them they are his.
But he knew the law about being encased yet sat in the car waiting for a
cop to show, sit on the hood and wait if you are to lazy to re-case it.
I do agree with the car not moving it isn't transporting, but you need
those things brought up at trial so you can appeal, why he let them change the
charge after the fact like that as you go to trial is beyond me, but at the very least
he was never fingerprinted for the crime he was convicted of so how could he be
charged for something that didn't happen?
WTF you have to pay for your own fingerprinting.
What sort of nickle and dime BS is that?
He should demand they return the prints, he paid for them they are his.
But he knew the law about being encased yet sat in the car waiting for a
cop to show, sit on the hood and wait if you are to lazy to re-case it.
I do agree with the car not moving it isn't transporting, but you need
those things brought up at trial so you can appeal, why he let them change the
charge after the fact like that as you go to trial is beyond me, but at the very least
he was never fingerprinted for the crime he was convicted of so how could he be
charged for something that didn't happen?
r00tz
New member
imported post
Didn't happen like that, I didn't have but a few secs to box the gun and in that time the cop would of saw me boxing it as he was approaching me.
"why he let them change the
charge after the fact like that as you go to trial is beyond me"
Why you think I can control what a judge does is beyond me
Didn't happen like that, I didn't have but a few secs to box the gun and in that time the cop would of saw me boxing it as he was approaching me.
"why he let them change the
charge after the fact like that as you go to trial is beyond me"
Why you think I can control what a judge does is beyond me
ccwinstructor
Centurion
imported post
r00t109 wrote:
If you can tell your side of the story, I would love to hear it. So often what we get in the media is biased and or misinformed.
r00t109 wrote:
Thank you for contributing to this forum. So many things were not stated in the article that I hope you will be able to clarify them for us. The first impression is that you were victimized by the legal system and had to pay a considerable penalty for exercising your rights.Didn't happen like that, I didn't have but a few secs to box the gun and in that time the cop would of saw me boxing it as he was approaching me.
"why he let them change the
charge after the fact like that as you go to trial is beyond me"
Why you think I can control what a judge does is beyond me
If you can tell your side of the story, I would love to hear it. So often what we get in the media is biased and or misinformed.
r00tz
New member
imported post
The judge didn't care that I only was in my truck for a few sec while the cop was approaching. He robotically enforced guidelines he personally made up about the Gun Transporting Law.
This is comparable to getting a ticket for not wearing a seat-belt just after you sit down in your vehicle. The Judge makes you pay for the ticket because you didn't put it on fast enough. Regardless of what the law actually says.
The judge didn't care that I only was in my truck for a few sec while the cop was approaching. He robotically enforced guidelines he personally made up about the Gun Transporting Law.
This is comparable to getting a ticket for not wearing a seat-belt just after you sit down in your vehicle. The Judge makes you pay for the ticket because you didn't put it on fast enough. Regardless of what the law actually says.
ccwinstructor
Centurion
imported post
Did you have any option to appeal? Or was it simply way too costly to consider it? I appreciate that you exercised your rights. Can you tell us how you picked your attorney, and if he was worth the cost?
Did you have any option to appeal? Or was it simply way too costly to consider it? I appreciate that you exercised your rights. Can you tell us how you picked your attorney, and if he was worth the cost?
r00tz
New member
imported post
Yes, I am appealing. Jury Trial
Yes, I am appealing. Jury Trial
ccwinstructor
Centurion
imported post
r00t109 wrote:
Thanks for all your time. I know trials like this can be difficult, but at least it is only over a fine, so you do not have to worry about going to jail.
r00t109 wrote:
Wow. Great to hear. Do you need any help? There could be significant costs. Is your attorney a committed pro-rights person?Yes, I am appealing. Jury Trial
Thanks for all your time. I know trials like this can be difficult, but at least it is only over a fine, so you do not have to worry about going to jail.
r00tz
New member
imported post
Help regarding the cost? Is that what you mean?
Help regarding the cost? Is that what you mean?
ccwinstructor
Centurion
imported post
I do not know your circumstances, but people are often willing to help if there are significant costs. All that I know about you is that you are 20 years old. Do you have an idea of what the costs may be?
I do not know your circumstances, but people are often willing to help if there are significant costs. All that I know about you is that you are 20 years old. Do you have an idea of what the costs may be?
K
KansasScout
Guest
imported post
That is tough news. I had hoped for a different outcome. It just goes to show that you MUST know the laws extremely well and avoid such situations. You gave the coppers an opening to charge you that you could have easily avoided.
How? Step out of your vehicle when you realize they are coming to see you.
Or, quickly disarm and case the gun which I can do rather quickly. In any case, it is your responsibility to observe the law prudently under such circumstances given the hostility of SOME cops to open carry. This is not a time for timidity. You are acting to follow the law and who cares if it makes a cop nervous?
Fortunately, this is a misdemeanor and it's not the end of the world like a felony would be.
They are counting on you not appealing and you taking your lumps. It would cost you a lot less too. You might consider it.
That is tough news. I had hoped for a different outcome. It just goes to show that you MUST know the laws extremely well and avoid such situations. You gave the coppers an opening to charge you that you could have easily avoided.
How? Step out of your vehicle when you realize they are coming to see you.
Or, quickly disarm and case the gun which I can do rather quickly. In any case, it is your responsibility to observe the law prudently under such circumstances given the hostility of SOME cops to open carry. This is not a time for timidity. You are acting to follow the law and who cares if it makes a cop nervous?
Fortunately, this is a misdemeanor and it's not the end of the world like a felony would be.
They are counting on you not appealing and you taking your lumps. It would cost you a lot less too. You might consider it.
Mike
Site Co-Founder
imported post
OK, what "transport law" are they talking about? Must be a local ordiance - what is the code section and link if possible?
OK, what "transport law" are they talking about? Must be a local ordiance - what is the code section and link if possible?
r00tz
New member
imported post
@KansasScout
Wow... -_-
@KansasScout
Wow... -_-
r00tz
New member
imported post
I can't find the Topeka "Gun Transport" Ordinance anywhere.
I can't find the Topeka "Gun Transport" Ordinance anywhere.
marine0300
Regular Member
imported post
r00t109
Please quote the exact ordinance or law you broke? Give the reference number or post a copy of it on this thread. If you don't know please call your lawyer and get the information.
If I were in your shoes I would want a copy of the law the court said you broke.
I can't find what law/ordinance you're talking about?
Any help you can give would be appreciated.
Marine0300
r00t109
Please quote the exact ordinance or law you broke? Give the reference number or post a copy of it on this thread. If you don't know please call your lawyer and get the information.
If I were in your shoes I would want a copy of the law the court said you broke.
I can't find what law/ordinance you're talking about?
Any help you can give would be appreciated.
Marine0300
ccwinstructor
Centurion
imported post
marine0300 wrote:
marine0300 wrote:
I did some google searches, and could not find any ordinance for Topeka. People have been convicted of non-existant ordinances before....r00t109
Please quote the exact ordinance or law you broke? Give the reference number or post a copy of it on this thread. If you don't know please call your lawyer and get the information.
If I were in your shoes I would want a copy of the law the court said you broke.
I can't find what law/ordinance you're talking about?
Any help you can give would be appreciated.
Marine0300
r00tz
New member
Mike
Site Co-Founder
imported post
r00t109 wrote:
r00t109 wrote:
Yup - city says no transport in vehicles unless cased up - you all need to get betrter preemption statute!
r00tz
New member
imported post
Especially when the judge ignores what the local law actually says.
Especially when the judge ignores what the local law actually says.
imported post
The fact is, he didn't transport it uncased and there was no evidence that he did. In fact, if there is video from the mall of the parking area he was in, I would think he could use that as evidence to in fact show that he didn't move his vehicle at all after he left the building.
I am glad to know you are appealing and it pisses me off that it has to even go that far. Courts aren't supposed to be a place to inflict one's personalpolitical agenda against law abiding citizens.
The fact is, he didn't transport it uncased and there was no evidence that he did. In fact, if there is video from the mall of the parking area he was in, I would think he could use that as evidence to in fact show that he didn't move his vehicle at all after he left the building.
I am glad to know you are appealing and it pisses me off that it has to even go that far. Courts aren't supposed to be a place to inflict one's personalpolitical agenda against law abiding citizens.