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Posted: 6/16/2015 7:31:12 AM EDT
Home invasion victim gets robbed. After calling police to report the home invasion and robbery, home invasion victim is later (months later) arrested for having an illegal assault weapon and illegal large capacity magazine. Obviously not a whole lot of information in either news article to flesh out the details which leaves one with lots of questions about what exactly happen. The WTNH article appears to indicate the guns/magazine were found in the home. This incident does raise the point some made after the unconstitutional PA 13-3 was passed that those who make the choice not to register were going to hope or gamble that the police will not enter their life and discover their firearms through some other means like robbery or angry spouse.
Pomfret man facing assault weapon charges http://www.norwichbulletin.com/article/20150612/NEWS/150619829 State Police Make Arrest in Weapons Case http://wtnh.com/2015/06/12/state-police-make-arrest-in-weapons-case/ |
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Posted: 6/16/2015 7:42:20 AM EDT
[#1]
yup , you have an altercation in your home which is not your fault, they do a routine search and find unregistered stuff. bang your arrested too. love this state
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Posted: 6/16/2015 8:24:04 AM EDT
[#2]
Unless there's something else way shady in this guy's business I bet they eventually drop the case (After bleeding him dry of 10's of thousands of $$$ to hire legal dirtbags).
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Posted: 6/16/2015 8:33:37 AM EDT
[#3]
Quote HistoryQuoted:
Unless there's something else way shady in this guy's business I bet they eventually drop the case (After bleeding him dry of 10's of thousands of $$$ to hire legal dirtbags). I don't. They will use this to their advantage and will not toss out the bulk of the charges. He wasn't injured or his family injured. He was simply robbed. Bad enough but there's little sympathy for him since he was harboring illegal stuff in plain sight to the local PD when they arrived. They probably recorded the serial number and when they had a chance pulled up his registrations.....or tried to. Not finding it they returned to make his life a mess. Just my 2 cents. Rome |
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Posted: 6/16/2015 9:06:19 AM EDT
[#4]
Quote HistoryQuoted:
I don't. They will use this to their advantage and will not toss out the bulk of the charges. He wasn't injured or his family injured. He was simply robbed. Bad enough but there's little sympathy for him since he was harboring illegal stuff in plain sight to the local PD when they arrived. They probably recorded the serial number and when they had a chance pulled up his registrations.....or tried to. Not finding it they returned to make his life a mess. Just my 2 cents. Rome Quote HistoryQuoted:
Quoted:
Unless there's something else way shady in this guy's business I bet they eventually drop the case (After bleeding him dry of 10's of thousands of $$$ to hire legal dirtbags). I don't. They will use this to their advantage and will not toss out the bulk of the charges. He wasn't injured or his family injured. He was simply robbed. Bad enough but there's little sympathy for him since he was harboring illegal stuff in plain sight to the local PD when they arrived. They probably recorded the serial number and when they had a chance pulled up his registrations.....or tried to. Not finding it they returned to make his life a mess. Just my 2 cents. Rome My thoughts exactly. This right here guys is the POiNT of the new laws. These laws are not meant to impede criminals. They were meant to make criminals out of non criminals and to punish decent people. Let's face it, Malloy didn't enact these laws to restrict his biggest supporters 
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Posted: 6/16/2015 9:14:45 AM EDT
[#5]
WTNH left a few details out of their version.
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Posted: 6/16/2015 9:20:34 AM EDT
[#6]
NM
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Posted: 6/16/2015 10:04:59 AM EDT
[#7]
I wonder if he has a "3%er" flag flying at his house too.
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Posted: 6/16/2015 10:49:45 AM EDT
[#8]
Quote HistoryQuoted:
Unless there's something else way shady in this guy's business I bet they eventually drop the case (After bleeding him dry of 10's of thousands of $$$ to hire legal dirtbags). While I think the law is monumentally stupid and unconstitutional and that people shouldn't have to register their firearms the fact is, if the articles are accurate, the guy had possession of something the state has deemed illegal. If we swapped gun with drugs would the police or courts drop the case? Doubtful. If the guy is lucky they'll drop the case but I suspect they won't. He'll probably get the first time offender charge that is in the statutes governing AW's and LCM's. |
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Posted: 6/16/2015 11:02:35 AM EDT
[#9]
Quote HistoryQuoted:
This right here guys is the POiNT of the new laws. These laws are not meant to impede criminals. They were meant to make criminals out of non criminals and to punish decent people. Let's face it, Malloy didn't enact these laws to restrict his biggest supporters
Yeah that's pretty much the way I see this incident. If it turns out the guy legally owned the firearm but simply didn't register it either out of ignorance of the stupid unconstitutional law or intentionally chose not to register he will be made an example of. The politicians who enacted the law view, whether they admit it or not, gun owners as potential criminals. Some view all law abiding gun owners as outright criminals. The gun grabbers goal is to slowly disarm the public over time. They need to make examples of certain people to accomplish that goal. They need to remind all of those who either out of ignorance or intentionally didn't register their AW's or LCM's that they are now criminals and if they don't want to get caught or be a criminal to get rid of the stuff the state has deemed illegal. They need to put or instill fear into the law abiding public when it comes to owning guns. |
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Posted: 6/16/2015 12:00:36 PM EDT
[#10]
Quote HistoryQuoted:
Unless there's something else way shady in this guy's business I bet they eventually drop the case (After bleeding him dry of 10's of thousands of $$$ to hire legal dirtbags). Welcome to the idiocracy of Gun control. If this guy was a hard core felon burglarizing people's homes they would drop the firearms charges to get the perp to agree to a plea bargain. When you look up the charges on the court website and you see "Deferred", that's what it means; dropped in a plea bargain. THIS guy did nothing other than not register his weapon...which is to say, he did nothing...and to add insult to injury the guy might not have even known he was required to register it. Not everyone follows the news. The best he can hope for is have it plea bargained down into a misdemeanor and have his property confiscated. According to the law, the state thereafter has the option of destroying it or reselling it if they know there's a profit to be made out of it. This is STEALING, regardless of whatever fancy word you want to use to describe it. |
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Posted: 6/16/2015 12:19:29 PM EDT
[#11]
Even if they drop it he probably lost all his firearms,mags,and ammo with no compensation or option to move them out of state and may have his permit revoked for life. That sucks.
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Posted: 6/16/2015 12:44:28 PM EDT
[#12]
Some roll the dice and hope to not get caught
 While others still do not even know new laws were even passed !!! I ran into a few of these people. They don't watch tv or read the newspaper, they just work, home, sleep and repeat. Drones 
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Posted: 6/16/2015 1:43:23 PM EDT
[#13]
Quote HistoryQuoted:
While I think the law is monumentally stupid and unconstitutional and that people shouldn't have to register their firearms the fact is, if the articles are accurate, the guy had possession of something the state has deemed illegal. If we swapped gun with drugs would the police or courts drop the case? Doubtful. If the guy is lucky they'll drop the case but I suspect they won't. He'll probably get the first time offender charge that is in the statutes governing AW's and LCM's. Quote HistoryQuoted:
Quoted:
Unless there's something else way shady in this guy's business I bet they eventually drop the case (After bleeding him dry of 10's of thousands of $$$ to hire legal dirtbags). While I think the law is monumentally stupid and unconstitutional and that people shouldn't have to register their firearms the fact is, if the articles are accurate, the guy had possession of something the state has deemed illegal. If we swapped gun with drugs would the police or courts drop the case? Doubtful. If the guy is lucky they'll drop the case but I suspect they won't. He'll probably get the first time offender charge that is in the statutes governing AW's and LCM's. So calling the police to report a burglary results in you loosing the right to privacy in your own home? What grounds would the police have for inspecting the victims firearms and recording serial numbers? Unless the homeowner gave them the OK to search (that'd be his own fault) I wonder if a good atty could get the charges tossed as they are the result of an illegal search? |
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Posted: 6/16/2015 2:01:05 PM EDT
[#14]
Quote HistoryQuoted:
So calling the police to report a burglary results in you loosing the right to privacy in your own home? What grounds would the police have for inspecting the victims firearms and recording serial numbers? Unless the homeowner gave them the OK to search (that'd be his own fault) I wonder if a good atty could get the charges tossed as they are the result of an illegal search? We don't know the details as of yet exactly what transpired the information so far based on just two news articles is paper thin. We don't know the why or how the police may have inspected the firearms and magazines to determine their illegality. It sucks, but as which happens with other illegal things like drugs, if one calls the police for some other reason and let them into their home, if the illegal item is in plain view then it may be fair game for police to confiscate then arrest the home owner. We had some posts commenting on this exact situation occurring (not registering and then getting robbed) in the days after the stupid/unconstitutional laws were passed back on 4/4/13. |
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Posted: 6/16/2015 5:13:30 PM EDT
[#15]
How to get violated 101
-wife calls pd domestic -emergency committal -fire -alarm w open door -burglary w later recovery -plain view How to keep private -lockers or job box for all hobby related items -no printed stuff -good safe -keep your pie hole shut |
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Posted: 6/16/2015 6:22:06 PM EDT
[#16]
Quote HistoryQuoted:
How to get violated 101 -wife calls pd domestic -emergency committal -fire -alarm w open door -burglary w later recovery -plain view How to keep private -lockers or job box for all hobby related items -no printed stuff -good safe -keep your pie hole shut Yes Sir |
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Posted: 6/16/2015 9:03:29 PM EDT
[#17]
I'm interested to see what happened to the alleged $80 first-timer fine.
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Posted: 6/16/2015 9:10:44 PM EDT
[#18]
Quote HistoryQuoted: I'm interested to see what happened to the alleged $80 first-timer fine. I think that's for the first magazine un declared From what I read if the rifle was legal and not registered it is a class a misdemeanor |
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Posted: 6/16/2015 9:14:49 PM EDT
[#19]
Quote HistoryQuoted:
Welcome to the idiocracy of Gun control. If this guy was a hard core felon burglarizing people's homes they would drop the firearms charges to get the perp to agree to a plea bargain. When you look up the charges on the court website and you see "Deferred", that's what it means; dropped in a plea bargain. THIS guy did nothing other than not register his weapon...which is to say, he did nothing...and to add insult to injury the guy might not have even known he was required to register it. Not everyone follows the news. The best he can hope for is have it plea bargained down into a misdemeanor and have his property confiscated. According to the law, the state thereafter has the option of destroying it or reselling it if they know there's a profit to be made out of it. This is STEALING, regardless of whatever fancy word you want to use to describe it. Quote HistoryQuoted:
Quoted:
Unless there's something else way shady in this guy's business I bet they eventually drop the case (After bleeding him dry of 10's of thousands of $$$ to hire legal dirtbags). Welcome to the idiocracy of Gun control. If this guy was a hard core felon burglarizing people's homes they would drop the firearms charges to get the perp to agree to a plea bargain. When you look up the charges on the court website and you see "Deferred", that's what it means; dropped in a plea bargain. THIS guy did nothing other than not register his weapon...which is to say, he did nothing...and to add insult to injury the guy might not have even known he was required to register it. Not everyone follows the news. The best he can hope for is have it plea bargained down into a misdemeanor and have his property confiscated. According to the law, the state thereafter has the option of destroying it or reselling it if they know there's a profit to be made out of it. This is STEALING, regardless of whatever fancy word you want to use to describe it. (Without considering a potential trial win) That's not the best he can hope for. The best he can hope for is that case is either nolled (a unilateral decision to stop prosecution by the state that leaves the door open for the case to be re-brought for 13 months- sometimes the result of an agreement of sorts, sometimes used a pseudo-diversion....sometimes lawyers can negotiate a nolle out of a prosecutor) or dismissed or that he qualifies for and is accepted into a diversionary program (such as AR).Charged doesn't mean convicted, even when the situation seems ominous. |
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Posted: 6/16/2015 9:48:51 PM EDT
[#20]
Damnit where is the CCDL/NRA with the Shew/Malloy case outcome!
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Posted: 6/16/2015 10:00:23 PM EDT
[#21]
Quote HistoryQuoted:
That's not the best he can hope for. The best he can hope for is that case is either nolled (a unilateral decision to stop prosecution by the state that leaves the door open for the case to be re-brought for 13 months- sometimes the result of an agreement of sorts, sometimes used a pseudo-diversion....sometimes lawyers can negotiate a nolle out of a prosecutor) or dismissed or that he qualifies for and is accepted into a diversionary program (such as AR).Charged doesn't mean convicted, even when the situation seems ominous. Quote HistoryQuoted:
Quoted:
Quoted:
Unless there's something else way shady in this guy's business I bet they eventually drop the case (After bleeding him dry of 10's of thousands of $$$ to hire legal dirtbags). Welcome to the idiocracy of Gun control. If this guy was a hard core felon burglarizing people's homes they would drop the firearms charges to get the perp to agree to a plea bargain. When you look up the charges on the court website and you see "Deferred", that's what it means; dropped in a plea bargain. THIS guy did nothing other than not register his weapon...which is to say, he did nothing...and to add insult to injury the guy might not have even known he was required to register it. Not everyone follows the news. The best he can hope for is have it plea bargained down into a misdemeanor and have his property confiscated. According to the law, the state thereafter has the option of destroying it or reselling it if they know there's a profit to be made out of it. This is STEALING, regardless of whatever fancy word you want to use to describe it. That's not the best he can hope for. The best he can hope for is that case is either nolled (a unilateral decision to stop prosecution by the state that leaves the door open for the case to be re-brought for 13 months- sometimes the result of an agreement of sorts, sometimes used a pseudo-diversion....sometimes lawyers can negotiate a nolle out of a prosecutor) or dismissed or that he qualifies for and is accepted into a diversionary program (such as AR).Charged doesn't mean convicted, even when the situation seems ominous. I wonder. Even if used the AR/ nolled/not charged, would they loose their gun(most likely if not registered)? What about his/her gun rights? Pistol permit, firearm hunting license, etc. etc? |
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Posted: 6/16/2015 10:06:58 PM EDT
[#22]
Interestingly, he is charged with the felony for the magazine. That charge would suggest that he is accused of obtaining a large capacity magazine after 4 April 2013. He is charged with the misdemeanor for the assault weapon itself, which suggest he had that since before 4 April 2013.
He just obtained his pistol permit at the end of April, according to the Town of Pomfret website. |
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Posted: 6/16/2015 11:05:58 PM EDT
[#23]
Quote HistoryQuoted:
I wonder. Even if used the AR/ nolled/not charged, would they loose their gun(most likely if not registered)? What about his/her gun rights? Pistol permit, firearm hunting license, etc. etc? Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Unless there's something else way shady in this guy's business I bet they eventually drop the case (After bleeding him dry of 10's of thousands of $$$ to hire legal dirtbags). Welcome to the idiocracy of Gun control. If this guy was a hard core felon burglarizing people's homes they would drop the firearms charges to get the perp to agree to a plea bargain. When you look up the charges on the court website and you see "Deferred", that's what it means; dropped in a plea bargain. THIS guy did nothing other than not register his weapon...which is to say, he did nothing...and to add insult to injury the guy might not have even known he was required to register it. Not everyone follows the news. The best he can hope for is have it plea bargained down into a misdemeanor and have his property confiscated. According to the law, the state thereafter has the option of destroying it or reselling it if they know there's a profit to be made out of it. This is STEALING, regardless of whatever fancy word you want to use to describe it. That's not the best he can hope for. The best he can hope for is that case is either nolled (a unilateral decision to stop prosecution by the state that leaves the door open for the case to be re-brought for 13 months- sometimes the result of an agreement of sorts, sometimes used a pseudo-diversion....sometimes lawyers can negotiate a nolle out of a prosecutor) or dismissed or that he qualifies for and is accepted into a diversionary program (such as AR).Charged doesn't mean convicted, even when the situation seems ominous. I wonder. Even if used the AR/ nolled/not charged, would they loose their gun(most likely if not registered)? What about his/her gun rights? Pistol permit, firearm hunting license, etc. etc? Generally speaking it works like this; Step 1 - He's already lost his pistol permit. (If not as of today, then the letter is in the mail.) Step 2 - He can appeal the loss of the permit, and by the time the appeal hearing comes up this case would be handled. Step 3A - If the outcome of this case is a nolle, then he's technically eligible aside from showing "poor judgement", which is then what the pistol permit hearing will be about. Step 3B - If the outcome of this case is an outcome that disqualifies him, then he'd just cancel the review board hearing. Alternatively to Step 2, he can just re-apply later after the case is handled, and if denied based on character he'd be back to Step 2. |
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Posted: 6/16/2015 11:06:41 PM EDT
[#24]
Quote HistoryQuoted:
He just obtained his pistol permit at the end of April, according to the Town of Pomfret website. Que? |
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Posted: 6/16/2015 11:57:15 PM EDT
[#25]
Quote HistoryQuoted:
Yes Sir Quote HistoryQuoted:
Quoted:
How to get violated 101 -wife calls pd domestic -emergency committal -fire -alarm w open door -burglary w later recovery -plain view How to keep private -lockers or job box for all hobby related items -no printed stuff -good safe -keep your pie hole shut Yes Sir Staying legal also helps, that "it's muh rights" and "pry it from my cold dead hands" stuff may make you sound tough........ Until this happens. Sucks for this guy. |
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Posted: 6/17/2015 4:57:35 AM EDT
[#26]
Quote HistoryQuoted:
I wonder. Even if used the AR/ nolled/not charged, would they loose their gun(most likely if not registered)Almost definetely if it was contraband. If not, probably. . There have been instances where prosecutors have agreed to let an individual have the weapon back after an AR period. ? What about his/her gun rights? There is no conviction. Because of the way that the erasure statutes are written, the individual is legally restored to their status before the arrest, meaning that in CT and certain other states they could honestly claim never to have been arrested. In some states/situations, they would have to claim to have been arrested but that the charge was not prosecuted/ dismissed/_________. Some state's professional licensing boards and some employers like to treat pre-trial diversionary programs as convictions for background investigation purposes. Pistol permit Possible suitability issue, no statutory disqualification. An individual would also want to look-out for a condition/term in any agreements that they agree to or terms of probation that they are subject to. , firearm hunting license Shouldn't be an issue. To my knowledge, even convicted felons aren't barred from buying a hunting license in CT (though DEEP does have a prompt in the online system warning about prohibited possessors. , etc. etc? Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Unless there's something else way shady in this guy's business I bet they eventually drop the case (After bleeding him dry of 10's of thousands of $$$ to hire legal dirtbags). Welcome to the idiocracy of Gun control. If this guy was a hard core felon burglarizing people's homes they would drop the firearms charges to get the perp to agree to a plea bargain. When you look up the charges on the court website and you see "Deferred", that's what it means; dropped in a plea bargain. THIS guy did nothing other than not register his weapon...which is to say, he did nothing...and to add insult to injury the guy might not have even known he was required to register it. Not everyone follows the news. The best he can hope for is have it plea bargained down into a misdemeanor and have his property confiscated. According to the law, the state thereafter has the option of destroying it or reselling it if they know there's a profit to be made out of it. This is STEALING, regardless of whatever fancy word you want to use to describe it. That's not the best he can hope for. The best he can hope for is that case is either nolled (a unilateral decision to stop prosecution by the state that leaves the door open for the case to be re-brought for 13 months- sometimes the result of an agreement of sorts, sometimes used a pseudo-diversion....sometimes lawyers can negotiate a nolle out of a prosecutor) or dismissed or that he qualifies for and is accepted into a diversionary program (such as AR).Charged doesn't mean convicted, even when the situation seems ominous. I wonder. Even if used the AR/ nolled/not charged, would they loose their gun(most likely if not registered)Almost definetely if it was contraband. If not, probably. . There have been instances where prosecutors have agreed to let an individual have the weapon back after an AR period. ? What about his/her gun rights? There is no conviction. Because of the way that the erasure statutes are written, the individual is legally restored to their status before the arrest, meaning that in CT and certain other states they could honestly claim never to have been arrested. In some states/situations, they would have to claim to have been arrested but that the charge was not prosecuted/ dismissed/_________. Some state's professional licensing boards and some employers like to treat pre-trial diversionary programs as convictions for background investigation purposes. Pistol permit Possible suitability issue, no statutory disqualification. An individual would also want to look-out for a condition/term in any agreements that they agree to or terms of probation that they are subject to. , firearm hunting license Shouldn't be an issue. To my knowledge, even convicted felons aren't barred from buying a hunting license in CT (though DEEP does have a prompt in the online system warning about prohibited possessors. , etc. etc? |
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Posted: 6/17/2015 4:59:53 AM EDT
[#27]
Quote HistoryQuoted:
Que? Quote HistoryQuoted:
Quoted:
He just obtained his pistol permit at the end of April, according to the Town of Pomfret website. Que? Apparently Pomfret reports pistol permit issuances to the Board of Selectman. The minutes of such a meeting reflect that the individual charged with the assault weapon/magazine possession was issued a pistol permit on 29 April 2015. I would think that it violates the applicant/permit holder confidentiality statute- but I'm not about to tell them how to do their job. |
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Posted: 6/17/2015 5:09:35 AM EDT
[#28]
Quote HistoryQuoted:
Generally speaking it works like this; Step 1 - He's already lost his pistol permit. (If not as of today, then the letter is in the mail.) Step 2 - He can appeal the loss of the permit, and by the time the appeal hearing comes up this case would be handled In some instances people are also able to make arrangements for reinstatement with CSP directly, while waiting for the hearing they applied for- sometimes in advance, sometimes day of. . Step 3A - If the outcome of this case is a nolle, then he's technically eligible aside from showing "poor judgement", which is then what the pistol permit hearing will be about. Step 3B - If the outcome of this case is an outcome that disqualifies him, then he'd just cancel the review board hearing or show up and be encouraged to withdraw or present a case and get the denial upheld.. Alternatively to Step 2, he can just re-apply later after the case is handled, and if denied based on character he'd be back to Step 2. Sometimes, like with Goldberg, even though the issuing authority will issue the Temporary Permit, the state will deny the renewable permit. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Quoted:
Unless there's something else way shady in this guy's business I bet they eventually drop the case (After bleeding him dry of 10's of thousands of $$$ to hire legal dirtbags). Welcome to the idiocracy of Gun control. If this guy was a hard core felon burglarizing people's homes they would drop the firearms charges to get the perp to agree to a plea bargain. When you look up the charges on the court website and you see "Deferred", that's what it means; dropped in a plea bargain. THIS guy did nothing other than not register his weapon...which is to say, he did nothing...and to add insult to injury the guy might not have even known he was required to register it. Not everyone follows the news. The best he can hope for is have it plea bargained down into a misdemeanor and have his property confiscated. According to the law, the state thereafter has the option of destroying it or reselling it if they know there's a profit to be made out of it. This is STEALING, regardless of whatever fancy word you want to use to describe it. That's not the best he can hope for. The best he can hope for is that case is either nolled (a unilateral decision to stop prosecution by the state that leaves the door open for the case to be re-brought for 13 months- sometimes the result of an agreement of sorts, sometimes used a pseudo-diversion....sometimes lawyers can negotiate a nolle out of a prosecutor) or dismissed or that he qualifies for and is accepted into a diversionary program (such as AR).Charged doesn't mean convicted, even when the situation seems ominous. I wonder. Even if used the AR/ nolled/not charged, would they loose their gun(most likely if not registered)? What about his/her gun rights? Pistol permit, firearm hunting license, etc. etc? Generally speaking it works like this; Step 1 - He's already lost his pistol permit. (If not as of today, then the letter is in the mail.) Step 2 - He can appeal the loss of the permit, and by the time the appeal hearing comes up this case would be handled In some instances people are also able to make arrangements for reinstatement with CSP directly, while waiting for the hearing they applied for- sometimes in advance, sometimes day of. . Step 3A - If the outcome of this case is a nolle, then he's technically eligible aside from showing "poor judgement", which is then what the pistol permit hearing will be about. Step 3B - If the outcome of this case is an outcome that disqualifies him, then he'd just cancel the review board hearing or show up and be encouraged to withdraw or present a case and get the denial upheld.. Alternatively to Step 2, he can just re-apply later after the case is handled, and if denied based on character he'd be back to Step 2. Sometimes, like with Goldberg, even though the issuing authority will issue the Temporary Permit, the state will deny the renewable permit. |
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Posted: 6/17/2015 8:29:58 AM EDT
[#29]
Quote HistoryQuoted:
Apparently Pomfret reports pistol permit issuances to the Board of Selectman. The minutes of such a meeting reflect that the individual charged with the assault weapon/magazine possession was issued a pistol permit on 29 April 2015. I would think that it violates the applicant/permit holder confidentiality statute- but I'm not about to tell them how to do their job. Quote HistoryQuoted:
Quoted:
Quoted:
He just obtained his pistol permit at the end of April, according to the Town of Pomfret website. Que? Apparently Pomfret reports pistol permit issuances to the Board of Selectman. The minutes of such a meeting reflect that the individual charged with the assault weapon/magazine possession was issued a pistol permit on 29 April 2015. I would think that it violates the applicant/permit holder confidentiality statute- but I'm not about to tell them how to do their job. Yes by indicating his name and address after stating "Pistol Permits Issued" it does appear to violate Sec. 29-28(d). They also gave the name/address of someone else in those minutes too who was issued a temp permit from Pomfret. I assume its a public hearing which means anyone who goes would probably find out exactly who gets issued a temp permit and where they live.
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Posted: 6/17/2015 9:25:36 AM EDT
[#30]
Quote HistoryQuoted:
Yes by indicating his name and address after stating "Pistol Permits Issued" it does appear to violate Sec. 29-28(d). They also gave the name/address of someone else in those minutes too who was issued a temp permit from Pomfret. I assume its a public hearing which means anyone who goes would probably find out exactly who gets issued a temp permit and where they live. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
He just obtained his pistol permit at the end of April, according to the Town of Pomfret website. Que? Apparently Pomfret reports pistol permit issuances to the Board of Selectman. The minutes of such a meeting reflect that the individual charged with the assault weapon/magazine possession was issued a pistol permit on 29 April 2015. I would think that it violates the applicant/permit holder confidentiality statute- but I'm not about to tell them how to do their job. Yes by indicating his name and address after stating "Pistol Permits Issued" it does appear to violate Sec. 29-28(d). They also gave the name/address of someone else in those minutes too who was issued a temp permit from Pomfret. I assume its a public hearing which means anyone who goes would probably find out exactly who gets issued a temp permit and where they live. Wow. That's messed up. |
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Posted: 6/17/2015 1:46:35 PM EDT
[#31]
Quote HistoryOriginally Posted By sardo_67
Staying legal also helps Most people don't track this stuff with the scrutiny of enthusiasts here and some may not even fully comprehend the statutes or follow the latest interpretations. For even the most law abiding among us, self incrimination is best avoided. |
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Posted: 6/17/2015 4:49:06 PM EDT
[#32]
Quote HistoryQuoted:
Staying legal also helps, that "it's muh rights" and "pry it from my cold dead hands" stuff may make you sound tough........ Until this happens. Sucks for this guy. Quote HistoryQuoted:
Quoted:
Quoted:
How to get violated 101 -wife calls pd domestic -emergency committal -fire -alarm w open door -burglary w later recovery -plain view How to keep private -lockers or job box for all hobby related items -no printed stuff -good safe -keep your pie hole shut Yes Sir Staying legal also helps, that "it's muh rights" and "pry it from my cold dead hands" stuff may make you sound tough........ Until this happens. Sucks for this guy. Wasn't suggesting doing anything illegal, however I don't talk to people about what guns I own. I don't leave them out on display, so if the man is in my home he will not see them to question what I have unless it a inexpensive replaceable firearm I'm carrying. That being said Ill post pictures of my newly modified Glockfor all the world to see later tonight 
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Posted: 6/17/2015 7:34:04 PM EDT
[#33]
I meant that he may be like almost everyone I know who only has an AR or less than 4 guns for the most part of "yea i don't know the new law stuff but fuck that I'm not registering shit" or after the deadline telling me how their guns are off the books and Blah blah blah. I just tell them ok but don't cry when you're in trouble.
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Posted: 7/22/2015 9:38:46 PM EDT
[#34]
An update. It appears the state statutorily sealed the case against the home owner for some reason. Anyone know why the state would do that? Is it something routine? Does it indicate somerhing one way or another? Apparently there is another court date on 8/4 and the status indicates Awaiting Plea.
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Posted: 7/22/2015 10:14:59 PM EDT
[#35]
Accelerated rehabilitation?
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Posted: 7/22/2015 10:40:16 PM EDT
[#36]
Quote HistoryQuoted:
An update. It appears the state statutorily sealed the case against the home owner for some reason. Anyone know why the state would do that? Is it something routine? Does it indicate somerhing one way or another? Apparently there is another court date on 8/4 and the status indicates Awaiting Plea. My assumption, especially based on the timeline, is that he applied for AR. That's most likely/logical answer, because AR is really the only diversion that would really be applicable to this situation. When a criminal defendant applies for AR, the file is statutorily sealed. If the court grants AR, the file remains sealed until (1) AR is successfully completed and the criminal charges are subsequently dismissed and the records must then be erased within 20 days OR (2) until the criminal defendant's AR is revoked because he violated the terms imposed by the court/ failed to complete requirements. If the defendant is not granted AR (because of ineligibility, i.e. offense is excluded by various criteria, program use history or other status disqualifier (e.g. a CDL holder can not be granted AR for MV misdemeanors), because the judge determines the alleged offenses were too serious despite the charge not necessarily being too serious- this comes up a lot with certain theft cases- usually high value and/or repeated occurrences, cases involving violence, certain gun/weapons possession and carry cases, cases involving alleged misconduct by persons in certain occupations, or inability for the judge to find that the defendant is not likely to offend again. When an individual is seeking AR, the prosecutor and the victim (if any) have the opportunity to object to AR being granted. The judge can heed their objections, if any, or not. (In some instances the defense and prosecution work out proposed AR duration and conditions in advance and present them to the judge when (s)he considers the application) There have been cases where an individual denied AR has successfully been able to have his/her application reconsidered...and in at least some instances granted. A criminal defendant also has the right to withdraw his/her application for AR and continue towards trial. If a criminal defendant withdraws an AR application, the seal is lifted. |
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Posted: 7/23/2015 7:30:57 AM EDT
[#37]
Gents, there is nothing particularly unusual in these kinds of cases... The coppers end up inside a private residence for some innocuous / mundane reason. They subsequently were told, or saw something, that was incriminating. The lesson (in broad strokes), don't invite the copper inside. If he ends up inside, be quiet.
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Posted: 7/23/2015 7:01:38 PM EDT
[#38]
Quote HistoryQuoted:
My assumption, especially based on the timeline, is that he applied for AR. That's most likely/logical answer, because AR is really the only diversion that would really be applicable to this situation. When a criminal defendant applies for AR, the file is statutorily sealed. If the court grants AR, the file remains sealed until (1) AR is successfully completed and the criminal charges are subsequently dismissed and the records must then be erased within 20 days OR (2) until the criminal defendant's AR is revoked because he violated the terms imposed by the court/ failed to complete requirements. If the defendant is not granted AR (because of ineligibility, i.e. offense is excluded by various criteria, program use history or other status disqualifier (e.g. a CDL holder can not be granted AR for MV misdemeanors), because the judge determines the alleged offenses were too serious despite the charge not necessarily being too serious- this comes up a lot with certain theft cases- usually high value and/or repeated occurrences, cases involving violence, certain gun/weapons possession and carry cases, cases involving alleged misconduct by persons in certain occupations, or inability for the judge to find that the defendant is not likely to offend again. When an individual is seeking AR, the prosecutor and the victim (if any) have the opportunity to object to AR being granted. The judge can heed their objections, if any, or not. (In some instances the defense and prosecution work out proposed AR duration and conditions in advance and present them to the judge when (s)he considers the application) There have been cases where an individual denied AR has successfully been able to have his/her application reconsidered...and in at least some instances granted. A criminal defendant also has the right to withdraw his/her application for AR and continue towards trial. If a criminal defendant withdraws an AR application, the seal is lifted. Thanks for the explanation for those of us who are arm chair basement dwelling internet lawyers.
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Posted: 7/23/2015 7:08:54 PM EDT
[#39]
Ill bet he wont be getting the gun back after his probation
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Posted: 7/24/2015 12:48:09 AM EDT
[#40]
Quote HistoryQuoted:
Thanks for the explanation for those of us who are arm chair basement dwelling internet lawyers. Quote HistoryQuoted:
Quoted:
My assumption, especially based on the timeline, is that he applied for AR. That's most likely/logical answer, because AR is really the only diversion that would really be applicable to this situation. When a criminal defendant applies for AR, the file is statutorily sealed. If the court grants AR, the file remains sealed until (1) AR is successfully completed and the criminal charges are subsequently dismissed and the records must then be erased within 20 days OR (2) until the criminal defendant's AR is revoked because he violated the terms imposed by the court/ failed to complete requirements. If the defendant is not granted AR (because of ineligibility, i.e. offense is excluded by various criteria, program use history or other status disqualifier (e.g. a CDL holder can not be granted AR for MV misdemeanors), because the judge determines the alleged offenses were too serious despite the charge not necessarily being too serious- this comes up a lot with certain theft cases- usually high value and/or repeated occurrences, cases involving violence, certain gun/weapons possession and carry cases, cases involving alleged misconduct by persons in certain occupations, or inability for the judge to find that the defendant is not likely to offend again. When an individual is seeking AR, the prosecutor and the victim (if any) have the opportunity to object to AR being granted. The judge can heed their objections, if any, or not. (In some instances the defense and prosecution work out proposed AR duration and conditions in advance and present them to the judge when (s)he considers the application) There have been cases where an individual denied AR has successfully been able to have his/her application reconsidered...and in at least some instances granted. A criminal defendant also has the right to withdraw his/her application for AR and continue towards trial. If a criminal defendant withdraws an AR application, the seal is lifted. Thanks for the explanation for those of us who are arm chair basement dwelling internet lawyers. I know that you have been here long enough to know what I do, but to make sure it is abundantly clear- I am not (nor do I claim to be) a lawyer. When I discuss legal topics, my intention is always that my comments provide general information about those laws/legal topics/legal procedures- not specific legal advice. |
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Posted: 7/24/2015 4:52:29 AM EDT
[#41]
Advice here is worth price paid?
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Posted: 7/24/2015 9:37:32 AM EDT
[#42]
Quote HistoryQuoted:
I know that you have been here long enough to know what I do, but to make sure it is abundantly clear- I am not (nor do I claim to be) a lawyer. When I discuss legal topics, my intention is always that my comments provide general information about those laws/legal topics/legal procedures- not specific legal advice. Yep, didn't mean to imply otherwise with my prior post. 
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Posted: 7/24/2015 1:18:12 PM EDT
[#43]
Quote HistoryQuoted:
Yep, didn't mean to imply otherwise with my prior post.
Quote HistoryQuoted:
Quoted:
I know that you have been here long enough to know what I do, but to make sure it is abundantly clear- I am not (nor do I claim to be) a lawyer. When I discuss legal topics, my intention is always that my comments provide general information about those laws/legal topics/legal procedures- not specific legal advice. Yep, didn't mean to imply otherwise with my prior post.
Wouldn't suggest that you were. I simply trying to avoid any misunderstanding from newer/ less familiar members. 
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Posted: 7/26/2015 8:00:44 AM EDT
[#44]
I guess they werent felony charges because I don't think you can get AR for a felony
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Posted: 7/26/2015 10:06:23 AM EDT
[#45]
Quote HistoryQuoted:
I guess they werent felony charges because I don't think you can get AR for a felony Eh? |
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Posted: 7/26/2015 10:25:17 AM EDT
[#46]
Quote HistoryQuoted: Eh? Quote HistoryQuoted: Quoted: I guess they werent felony charges because I don't think you can get AR for a felony Eh? |
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Posted: 7/26/2015 11:26:06 AM EDT
[#47]
Quote HistoryQuoted:
How to get violated 101 -wife calls pd domestic -emergency committal -fire -alarm w open door -burglary w later recovery -plain view How to keep private -lockers or job box for all hobby related items -no printed stuff -good safe -keep your pie hole shut Just curious. What do you mean by no printed stuff? |
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Posted: 7/26/2015 11:34:59 AM EDT
[#48]
Quote HistoryQuoted:
I guess they werent felony charges because I don't think you can get AR for a felony First-time violation of having an illegal AW can be a class A misdemeanor if the person can prove they had lawful possession of the AW on April 4, 2013. For the LCM if obtained after 4/4/13 then its supposed to be a class D felony, but the court can under certain narrow circumstances order suspension of prosecution. |
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Posted: 7/26/2015 12:31:59 PM EDT
[#49]
Quote HistoryQuoted:
I don't think you can use accelerated rehabilitation for a felony. Quote HistoryQuoted:
Quoted:
Quoted:
I guess they werent felony charges because I don't think you can get AR for a felony Eh? All class A and most class B felonies are excluded from AR (with the exception of Larceny 1 and Larceny from a Community 1, if the offense does not involve violence AND in the case of Larceny from a Community 1, the offense does not involve a defined public official, state employee, or municipal employee). Class C felony offenses require good cause for AR to be granted. In any case, the judge has the ability to find that the underlying offense was too serious- even if the charge was not specifically excluded from AR or inherently disqualified. |
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