Posted: 4/4/2005 5:50:23 AM EDT
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Hypothetically, suppose someone had a conviction (no contest) for discharge in city limits. Would this prevent them from obtaining a permit? Hypothetical case in point: Someone carries a pistol in vehicle (legal in La.), comes home to find dirtbags (crackheads:lower lifeforms etc.) stealing things from his house. shoots car tires, dirtbags flee on foot. Cops come and issue citation for discharge inside city limits. Court date come, this person thinks "no biggie, just pay the fine and be done with it", not realizing that the gun would be confiscated. But hey, whatcha gonna do, too late now. Prlenty more guns where that came from. Since the incedent this person has been delayed a few times with the FBI check for buying weapons, never denied, just delayed. And in other cases bought guns and walked out of the store on the same day. Do you think this person could obtain a CCW? What about getting approved for class 3? any thoughts? |
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I could give you the answer for TX, but not for LA. Check packing.org and read your statutes. Packing.org is your friend. Now, tell us the story. I want to hear about the hypothetical discharge in city limits. |
Ok, here'a story. Crackhead relatives had access to someone's house (we'll call him Joe). A checkbook was stolen and many checks were written around town. Joe comes back the day before his supposed crew change day for 2 weeks offshore. He has to delay his crew change to make a police report. The shitbags were unaware Joe was in town, so they decided his place was a good place to hang out and relieve him of some of his possessions to fund their foul habit. After filing a police report, Joe calls his own place of residence from a payphone and is somehow not surprised to find dirtbags answering his phone. Joe calls the police and informs them that good for nothing low life shitbags are in his residence, explains about the stolen checkbook. He tells them that he's on his way home and would like for an officer to be there when he arrives. It takes Joe about 45 minutes to get back home from the area of town where he's currently located. When he arrives, 2 dirtbags are pulling out of his driveway in a car that was illegally obtained from another relative. So joe attempts to block the driveway with his car. Shitbags attempt to manuever around Joe's truck. Joe informs them that they aren't leaving in that car. Shitbags disagree. Joe reenforces his previous statement by shooting tires out on the car. Shitbags ditch out of the passneger side and run like hell. Cops on the way to the scene saw 2 dirtbags walking down the road, stops them because they look suspicious. One was barefooted and the other would look like pond scum if they were wearing a tux. Dirtbag tells officer that his "wife" all of 115 pounds is pregnant and its imperative that he gets her to the hospitol. So the nice officer flags someone down to give them a ride, proceeds to Joe's residence and writes him up for disharge within city limits but does not bring him to jail. When court date comes around, Joe figures this is not that big a deal, so he pleads no contest, pays a fine. But the part Joe didn't expect is they kept his gun. It was just a jennings anyway. And now you know "the rest of the story" Edit: thanks for the link, going check it out now.... Read through it and haven't seen anything on illegal discharge. 
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First off, you should obtain a copy of your 'record' from the state. Usually this requires a fingerprint card, a letter requesting a copy of your record, and a fee. This is probably handled by your state's Attorney General's office, Department of Public Safety or whatever La. has. Once you have that, you'll know precisely what's on record for you. With this info, you should be able to find out exactly what restrictions you may or may not have. Don't go by what you were told in court. See for yourself what has been put in the state's system. Good luck! |
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If it was a misdemeanor, then you may be able to have it "expunged" from your record. Check with a lawyer in your state to see if LA has such a process, which would take the conviction/no contest off the records, giving you a clean slate. Note that domestic violence convictions, even for misdemeanors, are treated differently, and would likely result in a lifetime ban on firearms possession under Federal law. |
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They KEPT your --er Joe's-- gun???!!! As in they're not going to ever, ever, ever give it back? If the case is done with, I would think property would be returnd. Case is closed, everybody go home. They did'nt confiscate anything else did they? Not Joe's car that he used to get to the house. Not Joe's shoes and clothes he was wearing during the incident. This makes me nervous. I carry a .45 HK. Not a cheap handgun. I can see those assclowns down at the LE station shooting away with my beloved pistol if (God forbid) I ever have to use it to defend myself! Comments like: "WOW! This thing shoots great! I think I'll take it home over the weekend for some 'independent ballistic testing'". Ya right. Like they're going to just let a $1000 handgun sit in the evidence room and collect dust. Seriously though. Joe not getting back his property after the dust has settled is quite concerning. |
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If you ever have to use your handgun in self defense, you'll likely have legal expenses that will far outweigh the cost of replacing an H&K. You'll also be thrilled to be alive. I wouldn't sweat loss of property, even if it is sometimes unfairly taken. Remember, 'Joe' didn't justifiably use his handgun in self defense. He shot the tires out of a car while trying to detain people, even if they were scumbags. 'Joe' made a mistake, which he probably regrets. He was convicted for said mistake, partly because he plead down, partly because he broke the law and was caught red handed. If you use your gun in self defense and are not convicted, you'll get your gun back in this state at least. |
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Actually, "Joe" didn't plead down, no charges were pressed by the owner of the car, because he was just happy to get it back. "Joe" was just a dumbass not to explain to the judge exactly the circumstances of the discharge. "joe" had no problem with paying the fine, though "joe" was a lil' pissed that they took his gun, luckily, it was just a P.O.S. Jennings .380 and not one of "joe's" better guns. The officer that wrote "joe" up, said that he was just sorry that it didn't happen on "joe's" land, and not in a rental property. Said he'd have just let "joe" go. Joe was released on the spot, and not brought to jail., but after court he was pissed. Did I mention "Joe" hates crackheads? |