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Link Posted: 9/12/2010 6:52:28 AM EDT
[#1]
Quoted:
WOW.

I would get a lawyer and take care of it!
don't you have proof you talked to the sheriff? Could you use that as evidence and not have to pay any fine? I am not a police officer and I know nothing about law but could this be a big misunderstanding?


I would call and get a local (in area "committed") Officer/lawyer to see if it can be cancelled / removed
Most likely it was made by a DH in charge at rental place and was never cancelled
You might even be able to call the rental company and have them do it
Huumm
Have a lawyer call them and threaten to sue since you did not commit this "crime" YMMV on this idea

Quoted:
Is there a statute of limitations for something like this?


This might work too
But i think it only works if they don't know who did it
which in this case they do
not a lawyer here

And page 4 ownage
Link Posted: 9/12/2010 7:02:43 AM EDT
[#2]
Odd that a NICS check didnt pick up on it. You need to get it taken care of either way IMO.
Link Posted: 9/12/2010 2:54:38 PM EDT
[#3]
Quoted:
Odd that a NICS check didnt pick up on it. You need to get it taken care of either way IMO.


I can't believe that it didn't get picked up, since even CBP knew about it, apparently having a misdemeanor warrant doesn't disqualify you from purchasing NFA or getting a CCW.  In fact, I just renewed my CCW and had no problems.

As I said earlier in the thread, I'm going to be sending a letter to the proper folks in San Antonio stating my case and see what happens.  However they respond will shape my actions going forward.  As to suing the party place, I just don't see the point.  The owner lost his business (maybe over other shit like this, I hope) and is an older guy.  The corporation is no longer in good standing with the State.  I don't know what that means, but another ARFcommer did some digging for me and got the owners info for me.  I have his home address and phone number.  If action with the court fails to satisfy me, I'll see about taking it up personally with him.  If, at that point, suing him seems the right thing to do, that might be what I do.

It is something I want to get off my back, and I guess I was just looking for a little kick in the ass to get moving on it.  I pretty much knew that would be the response I got if I posted this.
Link Posted: 9/12/2010 3:02:18 PM EDT
[#4]
Quoted:
Is there a statute of limitations for something like this?


A warrant never sleeps.

Link Posted: 9/12/2010 3:10:05 PM EDT
[#5]
the last thing I'd do is go to Texas.
Contact a lawyer and work it from AZ.
Link Posted: 9/12/2010 3:22:50 PM EDT
[#6]
Duh.  Options:  1.  write the prosecutor; 2.  writ the company.
Link Posted: 9/12/2010 3:25:01 PM EDT
[#7]
That was an odd way for the customs agent to start the conversation.
Link Posted: 9/12/2010 3:39:07 PM EDT
[#8]
Quoted:
Get a lawyer to deal with it.....and have him call and threaten legal action against the party supply company for filing false charges against you.  It was their responsibility to pick up the tables and shit and they did not.



I personally wouldn't just let it go, but that's how I am.  The above advice seems like a good idea.  I'm no attorney though.  I'd certainly be pissed about the whole situation.



Link Posted: 9/12/2010 3:45:29 PM EDT
[#9]
Quoted:
You "hassled" them because you wouldn't return their things even though it wasn't your responsibility. They are now returning the favor. Assholes.


This is exactly it.  They didn't even go to the police. (Who probably told them to pound sand in the first place)  All they had to do was file an affidavit with the court and Presto!  Warrant.  

Don't call the police, they would have no clue.  Call the court that issued the warrant.
Link Posted: 9/12/2010 3:53:07 PM EDT
[#10]
Tag for outcome.
Link Posted: 9/12/2010 4:39:00 PM EDT
[#11]
Quoted:
Quoted:
Odd that a NICS check didnt pick up on it. You need to get it taken care of either way IMO.


I can't believe that it didn't get picked up, since even CBP knew about it, apparently having a misdemeanor warrant doesn't disqualify you from purchasing NFA or getting a CCW.  In fact, I just renewed my CCW and had no problems.

As I said earlier in the thread, I'm going to be sending a letter to the proper folks in San Antonio stating my case and see what happens.  However they respond will shape my actions going forward.  As to suing the party place, I just don't see the point.  The owner lost his business (maybe over other shit like this, I hope) and is an older guy.  The corporation is no longer in good standing with the State.  I don't know what that means, but another ARFcommer did some digging for me and got the owners info for me.  I have his home address and phone number.  If action with the court fails to satisfy me, I'll see about taking it up personally with him.  If, at that point, suing him seems the right thing to do, that might be what I do.

It is something I want to get off my back, and I guess I was just looking for a little kick in the ass to get moving on it.  I pretty much knew that would be the response I got if I posted this.


Misdemeanor WILL disqualify you from a  (CCW) and firearms ownership. It varied from state to state on what disqualifies you. GCA of 1968 calls for a misdemeanor in domestic violence and you can't have any guns.

Per NFA : MISDEMEANOR: any crime classified as a misdemeanor and for states and countries that do not differentiate between
a felony or misdemeanor, an offense that could result in imprisonment for any period of at least six days but
not more than one year. By way of example, an offense for which the maximum period of imprisonment is 60 days
would be considered a misdemeanor. The term also includes a special court martial.

IMHO: (remember this is the internet) The NFA part is the tricky one...
Link Posted: 9/12/2010 5:28:11 PM EDT
[#12]
Quoted:

Misdemeanor WILL disqualify you from a  (CCW) and firearms ownership. It varied from state to state on what disqualifies you. GCA of 1968 calls for a misdemeanor in domestic violence and you can't have any guns.

Per NFA : MISDEMEANOR: any crime classified as a misdemeanor and for states and countries that do not differentiate between
a felony or misdemeanor, an offense that could result in imprisonment for any period of at least six days but
not more than one year. By way of example, an offense for which the maximum period of imprisonment is 60 days
would be considered a misdemeanor. The term also includes a special court martial.

IMHO: (remember this is the internet) The NFA part is the tricky one...


Sorta kinda true.  Except it wasn't GCA '68, it was the Lautenberg Amendment enacted in 1997.


Not sure what you're getting at here.  This is the just the definition of a misdemeanor.  Not whether it disqualifies you or not (it doesn't, btw, unless it's DV).
Link Posted: 9/12/2010 8:27:06 PM EDT
[#13]
Quoted:
Quoted:
Detailed, but important question...

Was the "case" against you filed by an individual or by "spanky's happy wedding party rental company" which is now out of business.

by filing for "theft of service" are they filing for the ACTUAL rental during your wedding that you never paid, or are they attempting to nail you for all of that time that it sat there unused?  One is a criminal matter, the other is civil.  you need to talk to that detective that laughed so hard at your story too and have him talk to the DA as well.  Also, find out what your bail would be and if it is bondable.

Good luck.


It was filed by "Xxxx Xxxxx Rentals, LLC'.  

They're apparently trying to nail me for the time period that it sat unused.  I paid for the time it was used, in advance.  The total loss claimed is less than $500, because it's a Class B misdemeanor, I'm not sure what the actual amount is, or how they came up with it.  If I could just pay the $ (less than $500) I might do that just to make it go away.  Even if they're out of business, maybe that's an option.  It's cheaper than an attorney and if they won't dismiss it, cheaper than flying back and forth and getting hotels.  I couldn't tell you the name of the detective if my life depended on it.  I'm going to send a letter on Monday and see what they say.

(edit name of business, opsec)


Well then this is easy.  USCON 6A says that you have a RIGHT in a criminal trial to face your accuser.  Xxxxx Xxxxxx Party Rentals, LLC is your accuser, not its owners, not its creditors, not any of its employees... the "person" of the corporation itself is your accuser.  That "person"  (the LLC) has gone tits up much in the same way as a person who dies before they can take the stand to testify.  You cannot face your accuser in a criminal trial because of this fact... therefore your case just got tossed out of court. Congrats!

Call the DA tomorrow.
Link Posted: 9/12/2010 8:29:45 PM EDT
[#14]
Pay your fine citizen and move on!
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