so

[Valigator]

The issue with me, seems to be (securely encased) the pistol was in what was called a belly holster, (no snap) ...at least thats what seems to be the tickler on this......

[Valigator]

CARRYING
Unless covered under the exceptions, it is unlawful to openly carry on or about the person any firearm, or to carry a concealed firearm on or about the person without a license.
Exceptions:
1. Persons having firearms at their home or place of business.
2. Enrolled members of clubs organized for target, skeet, or trapshooting, while at, or going to or from shooting practice.
3. Members of clubs organized for collecting antique or modern firearms while at or going to or from exhibitions.
4. Persons engaged in fishing, camping or hunting and while going to or from such activity.
5. Persons engaged in target shooting under safe conditions and in a safe place or while going to or from such place.
6. Persons who are firing weapons for target practice in a safe and secure indoor range.
7. Persons traveling by private conveyance if the weapon is securely encased, or in a public conveyance if the weapon is securely encased and not in the person’s manual possession.
8. Persons carrying a pistol unloaded and in a secure wrapper from place of purchase to their home or to a place of repair and back.
9. Persons engaged in the business of manufacturing, repairing or dealing in firearms.
10. Military, law enforcement personnel and private guards while so employed.
It is lawful to possess a concealed firearm for self-defense or other lawful purposes within the interior of a private conveyance, without a license, if the firearm is securely encased or is otherwise not readily accessible for immediate use. A firearm other than a handgun may be carried anywhere in a private conveyance when such firearm is being carried for a lawful use. This exemption does not authorize the carrying of a firearm concealed on the person.
An application for a license to carry a handgun concealed is made to the Department of Agriculture. The license is valid for five years and is honored throughout the state. The application shall be completed, under oath, on a form promulgated by the Department of Agriculture and shall include the applicant’s name, address, place and date of birth, race, and occupation. The initial license fee is not to exceed $85 plus the cost of processing the fingerprint card. The renewal fee is not to exceed $70 (fingerprint card is not required on renewal licenses). However, at the discretion of the Department of Agriculture, the fees may be lower than the statutory cap.
Fingerprinting must be conducted by a law enforcement agency of the state. The sheriff’s office shall provide fingerprinting

[Nulle]

Where you packing this gun on your person ?
Seems to me that 4 and 5 should cover you anyway.
Probably get a probation type thing on this but be careful of any firearm restrictions that they might want to put on it.

[Valigator]

No picture this sweat pants and short t-shirt, no pockets, if I was carrying on me, those pants would have hit my knees with that weight...

[gspsonny03]

Hang in there Val. It looks to me like you have your ducks in a row and they are running scared. My prayers and thoughts are with you. ;)

[fabsroman]

Val,

According to that statute, you would be in trouble as soon as you got any gun out of the car to confront the SOB, whether it is a handgun or a long gun because there is no exception for self defense. Can you argue that you were hunting rapists? That is a joke obviously.

Honestly, I think they should let you go with some community service (i.e., lecturing women on how to make sure they are safe), and if they don't drop the charges they should give you Probation Before Judgment, but I don't know if a PBJ is offered in every state. Of course, I'm biased because I like you.

[BILLY D.]

Originally posted by Valigator
No picture this sweat pants and short t-shirt, no pockets, if I was carrying on me, those pants would have hit my knees with that weight...

Now theres a purty picture, lady running away from pervert through parking lot with sweats down to her ankles. I would highly suggest you don't use an ankle holster in the future. :eek:

I need some sleep. This is starting to sonud like Barney from Mayberry and I'm giggling.

Bill :D :D :D

[Nulle]

They would have to show "intent" that Val was hunting perverts and I think that would be a little hard to do.
Now I am sure the question has been asked Where you in fear for your life ? The answere to that one should have been a very plain YES. Now the question of if you can use whatever you have at hand to protect yourself comes into play. Wonder how this would have played out if Val would have slapped him along side the head with a tire iron ?

[Valigator]

Originally posted by fabsroman
Val,

According to that statute, you would be in trouble as soon as you got any gun out of the car to confront the SOB, whether it is a handgun or a long gun because there is no exception for self defense. Can you argue that you were hunting rapists? That is a joke obviously.

Honestly, I think they should let you go with some community service (i.e., lecturing women on how to make sure they are safe), and if they don't drop the charges they should give you Probation Before Judgment, but I don't know if a PBJ is offered in every state. Of course, I'm biased because I like you.

Actually Fabs I think I have been doing many years of community service already, dont think I would go for that or probation..or a hold in judgement...

[fabsroman]

Val,

I don't disagree with you about having already done a bunch of community service. However, sometimes it is better to take a deal that results in nothing being on your record in lieu of trying to prove a point. Will this be a jury trial? Those are sometimes scary and the outcome is never a slam dunk. Plus, if this case does go to trial, it means that it already isn't a slam dunk for you or the prosecution or the state would have dropped the charges. Nobody brings a case to trial that they know they are going to lose.

My brother and his girlfriend went through some criminal stuff. They had the same attorney, but his was much simpler than hers. He was charged with disorderly conduct. The attorney wanted to try the case for practice before my brother's girlfriend's case the following week. This was after my brother was offered a Nolle (i.e., the charges are dropped) if he did 8 hours of community service. He called me and asked me what to do, and I told him to take the deal. The next week, the same attorney advised my brother's girlfriend not to take a deal and the girlfriend was found guilty on a bunch of charges and sentenced to 2 years, with all but 6 months suspended (i.e., she was supposed to do 6 months jail time). Sometimes, it is just better to take the deal. You and your attorney will have to figure this out.

[Valigator]

I get where your coming from Fabs, my attorney always mentioned the alternatives, he has been on a bunch of TV trials and he is a bear to watch. Absolutely poetry in motion...I adore him and you know my feelings on lawyers...

But the flip side of your comment,

"You only come into this world with your name, that's all your gonna take out" my name and reputation is bigger than any deal I might get offered.

Besides can any of you honestly see me down at a probation office once a month?

[Nulle]

NOPE ! lol

[fabsroman]

Yeah, but your name will look a lot worse with a guilty beside it versus nothing (i.e., a Nolle).

I paid the fine for hunting migratory birds over bait because I didn't want to deal with going to Court, and that was the stupidest thing I could have done. I should have gone to Court and asked for a PBJ and then expunged it after the probationary period. Now, I cannot get rid of that item by my name without a pardon from the governor.

[Nulle]

Way back in the 60's I got a citation for having a loaded firearm in a Game Refuge (driving through on a road) I just paid the stupid thing and you know it never effected my life in the least. Anyway I am putting my money on Val having nothing on her record when this is over = any takers ?

[Andy L]

Can someone please point me to where this story all began. Ive been away alot lately and interested in what happened to begin all this.

Best of luck Val.

[Ol` Joe]

Val, This is just a thought from a everyday man. I`m not a lawyer nor do I know much about the law, but I think it would be prudent to not discuss your case, the event, or thoughts, on a public forum before the final trial or case dismissal. I`d ask my legal rep about this, but I believe he/she would agree. You could be risking your right to client/ lawyer confidence or unwittingly offering info to the state they don`t have or hadn`t considered.

JMO, I`m not, as I said, in any way, shape, or form, a legal rep of any type. Just trying to help, good luck.

[fabsroman]

Nulle,

Because of that stupid Hunting Migratory Birds Over Bait charge, I had to go through a character review interview before I could sit for the bar exam. I also had to disclose it on my CPA license renewal and my license renewal was put on hold while they reviewed it. Obviously, it wasn't that big of a deal because they renewed my CPA license and they let me sit for the bar exam, but it was still a hassle. To think that I paid that citation almost 13 years ago.

[Valigator]

Originally posted by Andy L
Can someone please point me to where this story all began. Ive been away alot lately and interested in what happened to begin all this.

Best of luck Val.

Your 100% correct. I cant give the specifics of the case.

[Nulle]

Fabs I was even working with the local GF@P on a pheasant study thing when mine took place and because of a dink warden it took some explaining also and then there was the records check when I went full time law enforcement also but just time and a little paper work and it didn't change a thing. Class 2 misd. is about the same as a traffic ticket.
Wanna put some money on how this plays out ? lol

[fabsroman]

Nulle,

I think Val is going to get off without anything on her record, and I'm not a betting man unless I am completely sure about something. That is why I don't usually advise my clients to go to trial unless we have a slam dunk case and the Assistant State's Attorney is being a meat head. So, you won't be getting any money out of me.

[Nulle]

Darn = lol