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9/22/2017 12:11:25 AM
Posted: 2/4/2006 2:17:30 PM EDT
I have a hypothetical scenerio for you because I am trying to understand how certain type of graduated sentancing laws work. Say there is a state law making the unlicensed possession of a pistol illegal. The punishment for first offence is a 50 dollar fine, and the punishment for a second offense is a week in jail. Say a guy gets caught carrying two unlicensed pistols. Is this a first AND second offense so he gets a week in jail, or because it is part of the same incident is it a first offense and he gets a 50 dollar fine? Or perhaps two counts, but both a first offense so he pays a 100 dollar fine?
Link Posted: 2/4/2006 2:22:58 PM EDT
Most places around here will say both pistols count as one incident.
Link Posted: 2/4/2006 2:24:41 PM EDT

Originally Posted By NCPatrolAR:
Most places around here will say both pistols count as one incident.



Thanks! anyone else have an opinion?
Link Posted: 2/4/2006 3:02:11 PM EDT
It depends on what state, and how the law is written. Generally however it's a first conviction, even if it's one or two counts, so the sentence will be the lighter one.
Link Posted: 2/4/2006 3:10:32 PM EDT
I agree with Phil_A_Steen. In Indiana, you must have already been convicted of the first offense for it to be considered as a prior.

What you might encounter would be two counts of possession of a pistol without a license. While it would not result in a week in jail, it might double the fine for the first offense.
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