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Posted: 8/26/2006 8:18:35 PM EDT
So, I was at a wedding today (yay...). At the reception, a bunch of guys I met got to talking about guns. The groom (my neighbor) mentioned that I'm a gun nut and the topic moved onto concealed carry. The groom knows I was packing because...well...I'm always armed and he knows it. Anyway...

...So a few them seem interested in concealed carry. They're a solid Republican bunch and were all behind the 2nd Amendment 100%, but most in the group had never fired a gun before. Others in the group had, but it was during their time in the Marine Corps (friends that served with my neighbor - also a Marine). Not a one of them owned a gun personally. So, naturally they had alot of questions. As the area's resident "things that go boom" apologist and prognosticator, I was eager to answer their questions. Everything was going great. So one of them asks me "What do I have to do to get a CCW?"

"Well", I said, "It's pretty dang easy. You need to pass a simple class and not have a criminal record." Everybody in the group nods their heads in agreement. Then one guy in the group says "Uhhh...what do you mean by criminal record?" Uh oh.

"Well, you can't be a felon for one thing", I said.
He says "Oh, thank God. Mine's just a misdemeanor."
I say "Uh...hmmm. How long ago was it and what was it for?"
He says "It was for assault and it was a little over 3 years ago, the night I got back from Iraq."
I ask "Well, you should be fine since it was 3 years ago. Have you been convicted of anything else in the last 5 years?"
He says "No."
I say "Well, you're probably good to go."
He says "It was assault on a police officer. Does that matter much?"

Oh, shit.

As it turns out, he was charged with assaulting a police officer (a felony). but was convicted of a misdemeanor. *HIS STORY* (and I do mean HIS story, you know how it goes...) is that the police officer grabbed his arm and he pulled it away. He got popped with assaulting a peace officer, as a result. I asked "Did you have a good lawyer?" He says "Oh yeah, cost me $2000".

I say "Uh, $2000 is kinda light when defending yourself against felony charges. Did you plead it down or something??" He says "Ya, my lawyer said a misdemeanor wasn't such a big deal, it was much cheaper than going to trial and if I lost, I could be a convicted felon". Hmmm. Fair enough, tough decision and all that, but the dude DID plead guilty to it. I said "Man, I hate to tell you this, but under Ohio law - you're screwed, bud. Like, forever."

He wasn't pleased.

So, what do you think? Obviously under the law, he's prohibited from ever having a concealed weapon in Ohio. Ever. Normally, "assault" brings to mind things like trying to kick a peace officer's ass - you know, something kinda serious. I bet if he took it to trial (and he isn't leaving out any details...like...I don't know...trying to kill the guy) he would've been fine. In fact, I'm pretty sure "assault" defined as pulling your arm away isn't even close to the spirit in which the law was written. But the dude plead guilty. Yes he did. Dumbass? Probably. But in his mind, he might have lost and been a convicted felon - which is certainly worse. Tough call, I suppose. Well, at leat to him. I understand.

He can still buy a gun legally. No problem there. He just can't conceal one legally. I found this intriguing.

Thoughts? Feelings?
Link Posted: 8/26/2006 8:30:10 PM EDT
[#1]
He needs to get his legal status checked out by his court records.

What do the RECORDS say?


I'm just not one for saying "the door is closed" unless I actually check very carefully.
I mean, what if by the letter of the law he actually still IS eligible and nobody bothered to check?


CJ
Link Posted: 8/26/2006 8:31:54 PM EDT
[#2]

Quoted:
He needs to get his legal status checked out by his court records.

What do the RECORDS say?


I'm just not one for saying "the door is closed" unless I actually check very carefully.
I mean, what if by the letter of the law he actually still IS eligible and nobody bothered to check?


CJ


The letter of the law (I know it by heart) says he's disqualified. Now, if it doesn't show up that way on a background check...well...ok.
Link Posted: 8/26/2006 8:32:38 PM EDT
[#3]
I think I wouldn't be stupid enough to do something that causes a cop to touch me.  

The fact that he is a Marine make me think he should know better and is really stupid.

Maybe he should pass on the CCW until he gets a brain stem?  Or at least some good judgement.
Link Posted: 8/26/2006 8:35:08 PM EDT
[#4]

Quoted:
I think I wouldn't be stupid enough to do something that causes a cop to touch me.  

The fact that he is a Marine make me think he should know better and is really stupid.

Maybe he should pass on the CCW until he gets a brain stem?


When he's 60 and wise beyond his years, he'll still be disqualified, unless they change the law. And any politician who proposes to change the law will be seen as VERY radical. After all, assaulting a police officer is a bad thing to most voters. They don't tend to think of strange circumstances. His opponents sure won't point them out...
Link Posted: 8/26/2006 8:38:37 PM EDT
[#5]

Quoted:
I think I wouldn't be stupid enough to do something that causes a cop to touch me.  

The fact that he is a Marine make me think he should know better and is really stupid.

Maybe he should pass on the CCW until he gets a brain stem?  Or at least some good judgement.




I had a cop grab me from behind when I didn’t know he was there and hadn’t done a damn thing but be standing where he didn’t want me. I guess if I had pulled away I should have been charged with a crime.

Cops should keep their damn hands to themselves unless warranted and face the same charges as everybody else does.
Link Posted: 8/26/2006 8:39:38 PM EDT
[#6]
I don't know if it matters or not, but all of those guys are coming over tommorow to shoot. Even the poor sob who can't get his CCW. At least MOST of them will have a good time.
Link Posted: 8/27/2006 8:16:25 AM EDT
[#7]
Looks like none of us are going to have a good time shooting today. It's raining.

Mother nature makes it difficult to introduce people to the hobby, sometimes.
Link Posted: 8/27/2006 8:27:59 AM EDT
[#8]
IMO, If he can buy an gun he should also be able to carry concealed.

So what if he pulled away from a cop, that shouldnt even be near a felony charge.

I had a cop come up from behind me and throw me on a pool table so of course I resisted because his first act was excessive use of force. He mistook me for a wanted man and instead of identifying me, he got rough "For his safety". Fortunantly for me he wasnt a complete asshole and once he assertained I was me and not the wanted guy we parted ways and he didnt throw charges at me(surprisingly) because he was wrong.

Not saying the guy was right but...
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