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I don't know what to do

ArgentineBallista42

Regular Member
Joined
Mar 1, 2010
Messages
41
Location
Albuquerque, New Mexico, USA
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So, about 2 months ago my girl friend was working at a restaurant and gets popped for serving liquor to a minor, it was a sting operation.

Today she went to court and they basically tell her that she's off the hook, but then I get a text message right after that says, "We can't have guns at the house anymore though."

I joined the military and earned my right to bear arms and I love my girl friend, but I don't think I get just get rid of my guns. The first thing she says to me is, "well can't you just put them in a safety deposit box at a bank? I'm like NO I CAN'T JUST WALK INTO A BANK WITH GUNS.

There's 2 things that I love in the world that's my guns and my girl friend, but I'm a law abiding citizen and I refuse to get rid of my guns.


Any suggestions?

A little more info :

We're not married.

She sleeps at my house, but her name isn't on the lease and she doesn't pay bills here.

I'm a law abiding citizen and have a clean record.

Why am I being punished for a crime I didn't commit?
 

ManInBlack

Regular Member
Joined
Jul 2, 2006
Messages
1,551
Location
SW Idaho
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Let me preface this by saying that I don't know JACK about New Mexico laws specifically; this is just basic knowledge of what happens in other states.

I can't imagine that a first offense of underage serving would result in a felony record, so the only thing I can think of is that she got a deferred prosecution. Basically, if she doesn't get in any more trouble for a period of time she won't have a record. Not being in possession of firearms may be a a standard boilerplate condition of the deferred prosecution, although I don't know how constitutional that would be.

You really need to find out where she got that idea, review any and all paperwork she was given and/or signed, and probably speak to a lawyer to make sure that you are clear.

Bottom line, I sincerely doubt that you would be prohibited from possessing firearms in your own home due to her, almost certainly, misdemeanor offense. Worst case scenario, lock the guns up in a safe that she does not have access to when they are not on your person.
 

Kriegsammler

Regular Member
Joined
Apr 6, 2010
Messages
95
Location
Louisville, Kentucky, USA
imported post

Assuming her ID doesn't list your address as hers.. That's the kicker.. Have her get a P.O Box and have her address officially changed to receive mail there.

Her name is not on the lease.. she doesn't pay bills there.. problem solved.

IANAL.. ;)
 

ArgentineBallista42

Regular Member
Joined
Mar 1, 2010
Messages
41
Location
Albuquerque, New Mexico, USA
imported post

I got the text message from her..

But anyway it basically says that she cannot have possession of a weapon for at least a year, she was put on unsupervised probation because she has no previous record and was slapped on the wrist with a misdemeanor.

And according to the lawyer I just need to makes sure they're in my gun cabinet which isn't a problem.
 

MK

Regular Member
Joined
Mar 29, 2010
Messages
396
Location
USA
imported post

It doesn't sound like she "was off the hook". She got a punishment and a sentence. It might not be jail time but its still punishment and in my opinion, a stiff one at that.

I have a couple questions about something like this. Can she ride in your car if you are in possession of a weapon while operating it? Can you ride in her car while shes driving it and you have possession of a weapon in her vehicle?

I wonder if she would get in trouble for either of those things.

I have a friend I fish with once and awhile and he's a felon out on parole and I don't carry when we go out just so he doesn't get any extra hassles over it though I don't know my own laws in regards to it.
 

ixtow

Founder's Club Member
Joined
Nov 25, 2006
Messages
5,038
Location
Suwannee County, FL
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MrGlock wrote:
As long as she didn't receive a felony, you can still own and possess firearms. Anyone who tells you otherwise is full of it.
This.

Let me say it again, just for fun tho...

If she didn't get convicted of a disqualifying crime (mostly felonies), then nothing new applies to you or her that didn't apply before this incident.
 

lockman

State Researcher
Joined
Aug 19, 2006
Messages
1,193
Location
Elgin, Illinois, USA
imported post

ixtow wrote:
MrGlock wrote:
As long as she didn't receive a felony, you can still own and possess firearms. Anyone who tells you otherwise is full of it.
This.

Let me say it again, just for fun tho...

If she didn't get convicted of a disqualifying crime (mostly felonies), then nothing new applies to you or her that didn't apply before this incident.
Unless she agreed to some type of pretrial diversion where she agrees to some conditions and after a period of time the original charges go away. If the agreed conditions are not adhered to the prosecution may refile the original charge.
 

SlackwareRobert

Regular Member
Joined
Jun 10, 2008
Messages
1,338
Location
Alabama, ,
imported post

I used to love listening to G Gordon Liddy talk about how he isn't allowed to
have firearms, but his wife has her guns laying all around the house. :lol:

I would thoroughly clean all of them to make sure there are no fingerprints
of hers on anything. Going to be hard to say she has access if there are no prints.
Remind her to not touch the gun cabinet either, as for on your hip, it is in your
control, she wouldn't have access unless she is undercover leo and doing
a terry stop. Make her get a full transcript, and copies of any orders so you can
see exactly what was said and agreed to. We all know how the leo interpret what
isn't there when it has gun in the sentence.
Unless you are an ex felon who she is barred from being around, then there is a
whole new set of problems. :cry:
 

ixtow

Founder's Club Member
Joined
Nov 25, 2006
Messages
5,038
Location
Suwannee County, FL
The things people will do to themselves to get laid... :p

Really, all locked up due to petticoat Government, after all this discussion about the real Government?

What's next man?
 
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