No Problem, Good luck.
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Anyone (else) been charged with Carrying a Concealed Weapon while OCing?
- Thread starter calynn
- Start date
No Problem, Good luck.
chiefjason
Regular Member
Purchase permit? Are the lunatics running the asylum? What if you were from out of state, or out of county? That's really stretching it to try and find something. After that, I'm surprised they did not pursue GATTTOTP. I also have reservations about most law suits. But once I have been illegally detained, charged, and my private property seized I think I would loose those reservations. Your call though. Good luck.
calynn
Regular Member
Yeah, after they realized that I COULD (and did) buy the gun legally, they were trying to say that the only reason the sheriff issued the permit was because I was buying from my step-dad, but I was buying from him after he and my mother split... they said I'd falsified records since I'd said on my application that I was buying from my step-dad? Haha, right. They were just fishing. The Sheriff said not to worry, I was legit and won't be hearing anything from the SD, and that he'd tell the arresting PD the same thing.
They are lost. I tried to help them out, but since I didn't have a badge, I don't know the laws?! Wouldn't be as pissed if they hadn't seized my gun.
They are lost. I tried to help them out, but since I didn't have a badge, I don't know the laws?! Wouldn't be as pissed if they hadn't seized my gun.
J_Oliver
Regular Member
The more officers that lose jobs, get suspended and are made into examples for not knowing or deliberately making up/changing laws, the less they'll try and arrest us for exercising our rights. Make an example out of him and keep us posted. You have ALL our support.
Dreamer
Regular Member
Several city police departments in WV have tried this bit of silliness--charging people with CC when they were OCing, and justifying it by saying that the gun couldn't be seen from the specific angle they were first viewing the person. In every case, they were thrown out by the judge, because when questioned about how the officer knew the accused was "carrying concealed", they responded that they saw it in a holster on their hip in plain view. To which the judge would respond, more or less, "Case Dismissed"...
When it goes to court (and your case SHOULD go to court), all you need to do is ask the officer four questions, and the judge, one question:
1) What is the plaintiff charged with? (he will say, CC without a permit)
2) How did you know his was carrying a firearm? (he will say "well, I saw it...)
3) How was it being carried? (he will have to say, in a holster, on his hip)
4) Was it covered by a garment, coat, foreign object, or other means that prevented you from identifying it as a firearm? (he will say no)
5) Your honor, I ask that this case be dismissed, because this charge is invalid under NC statute and case law.
End of discussion. End of case. Case dismissed...
Then, the VERY next thing you need to do is have your lawyer file a Federal 1983 civil rights violation suit against the INDIVIDUAL officer as an individual. He WILL NOT have "qualified immunity" because his actions were knowingly outside the law, and he filed false charges, violated your civil rights, and lied about the nature of several NC statutes in his police report. Filing fee for a Federal 1983 suit is only $300...
You should be able to buy a VERY nice new handgun with the judgment you get from him.
And hopefully he will be gracing the unemployment office with his un-badged presence very soon...
And after you get HIM as an individual, you should petition the NC main office of the FBI to charge this Department for going along with his fraudulent, illegal activities under RICO statutes in Federal Courts, because the fact that this charge hasn't been summarily tossed by his shift supervisor or the DA is clear evidence of an "organized criminal conspiracy"...
When it goes to court (and your case SHOULD go to court), all you need to do is ask the officer four questions, and the judge, one question:
1) What is the plaintiff charged with? (he will say, CC without a permit)
2) How did you know his was carrying a firearm? (he will say "well, I saw it...)
3) How was it being carried? (he will have to say, in a holster, on his hip)
4) Was it covered by a garment, coat, foreign object, or other means that prevented you from identifying it as a firearm? (he will say no)
5) Your honor, I ask that this case be dismissed, because this charge is invalid under NC statute and case law.
End of discussion. End of case. Case dismissed...
Then, the VERY next thing you need to do is have your lawyer file a Federal 1983 civil rights violation suit against the INDIVIDUAL officer as an individual. He WILL NOT have "qualified immunity" because his actions were knowingly outside the law, and he filed false charges, violated your civil rights, and lied about the nature of several NC statutes in his police report. Filing fee for a Federal 1983 suit is only $300...
You should be able to buy a VERY nice new handgun with the judgment you get from him.
And hopefully he will be gracing the unemployment office with his un-badged presence very soon...
And after you get HIM as an individual, you should petition the NC main office of the FBI to charge this Department for going along with his fraudulent, illegal activities under RICO statutes in Federal Courts, because the fact that this charge hasn't been summarily tossed by his shift supervisor or the DA is clear evidence of an "organized criminal conspiracy"...
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sultan62
Regular Member
Yeah, that sounds like a plan.
boyscout399
Regular Member
In Maine Three years ago I got charged with carrying a concealed weapon while open carrying. Charges were thrown out by the DA immediately after they assigned her to the case.
Such stories never fail to amaze me.
Was your weapon confiscated and if so did you get it back promptly?
Trust you took the opportunity to reeducate the officer and his department fully.
MPdad
New member
When I OC, I've always used my SERPA drop-leg...Let 'em NOT see THAT!
calynn
Regular Member
I ought to just hire you on as my representation!!! Great info/advice!
boyscout399
Regular Member
I've talked about my stories in my threads in the Maine forum and don't want to hijack this one. But yes they confiscated the firearm. It took a lot of work to get it back and they didn't give it back until a month after the charges were dismissed and I had to threaten lawsuit for them to return it.
Dreamer
Regular Member
IANAL...
But I did score high enough on the LSATs to meet UVA's School of Law entrance requirements...
calynn
Regular Member
IANAL...
But I did score high enough on the LSATs to meet UVA's School of Law entrance requirements...
Not too shabby! Regardless, thanks for the help! You're a great resource on here!
elixin77
Regular Member
IANAL, however, what Dreamer said should work. Point out the absurdity of the situation to the judge, and you should be able to walk free... to go sign the documents that Dreamer also mentioned about bringing a suit against the officer individually
calynn
Regular Member
Apparently what I went through really isn't that bad uhoh.. have had two lawyers say that it would be hard to make anything out of a civil case. One is looking at doing it, says he'll let me know soon. Anyone know a good 2nd amend lawyer?
uhoh.. have had two lawyers say that it would be hard to make anything out of a civil case. One is looking at doing it, says he'll let me know soon. Anyone know a good 2nd amend lawyer?
lockman
State Researcher
Apparently what I went through really isn't that bad
The actual violation would be a 14th amendment case, with 1A,2A & 4A aspects.
jerz_subbie
Regular Member
Dreamer, I love the RICO idea! haha
The problem with finding representation is that cases like this aren't very easy and very few, if any, lawyers actually specialize in them. You need an aggressive, 2A friendly civil rights attorney. As the above poster said your issue isn't really that of the 2nd, but more of the 4th and 14th IMO.
I wish you the best of luck and keep after the good fight!
The problem with finding representation is that cases like this aren't very easy and very few, if any, lawyers actually specialize in them. You need an aggressive, 2A friendly civil rights attorney. As the above poster said your issue isn't really that of the 2nd, but more of the 4th and 14th IMO.
I wish you the best of luck and keep after the good fight!
calynn
Regular Member
That's the problem. I can't find one! If anyone can help, please let me know!!!
cricketdad
Regular Member
jerz_subbie
Regular Member
Yeah, after they realized that I COULD (and did) buy the gun legally, they were trying to say that the only reason the sheriff issued the permit was because I was buying from my step-dad, but I was buying from him after he and my mother split... they said I'd falsified records since I'd said on my application that I was buying from my step-dad? Haha, right. They were just fishing. The Sheriff said not to worry, I was legit and won't be hearing anything from the SD, and that he'd tell the arresting PD the same thing.
They are lost. I tried to help them out, but since I didn't have a badge, I don't know the laws?! Wouldn't be as pissed if they hadn't seized my gun.
Sorry, I know this is a little off topic but I was discussing this issue with a LEO friend of mine. I haven't been able to find the statute that says the sheriff can issue a pistol purchase permit to someone under 21yo. Can someone point me towards it?