Posted: 12/8/2006 11:41:20 AM EDT
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Aight everyone guess this is the best place for this question Im trying to get a dweling sportsman license jsut to have a gun at the home and to go to the range. I currently have a rifle and a shotgun and looking for something different e.g. handgun. The problem is i was arrested 3 years ago for a bullshit charge. Story below. Anyway what do you guys think my chances of getting the license is? I was in the Air Force ROTC in college and they didnt seem to have a problem with the arrest since i wasnt convicted. THis happened in queens, but i live in Suffolk county, Long Island, NY for any of you locals out there that might now a little bit about the area. story: I was at my friend’s apartment in Queens, NY and we decided to go to the store to get something to make for breakfast because we just got up and we were hungry. We went to the store and on our way back we pull up in front of his apartment and two undercover cops are knocking on the car doors. They said they've been following us and that they were surprised we didn't notice, but why would we think anyone was following us we just went to get groceries. They then claimed that they saw the two kids in the front smoking a joint, which they weren't they were smoking a cigarette, but they insisted it was a joint and proceeded to tell us to get out of the car so we did. Next they searched my friend the driver and found nothing on him, then they searched me (I was in the backseat) and found nothing on me as well. Then they searched the kid in the front passenger seat and he had an empty pipe in his pocket. I never did see the pipe prior to that moment nor did I know he had it. But the kid said it was empty (I got my first look at it when the officer grabbed it out if his pocket and checked it and he said they’re seemed to be a trace of resin in it, but I don’t know for sure). They then handcuffed us and sat us down on the curb, they also failed to read us our rights. They then called in two other officers to pick us up and take us to the station where they locked us up and took our photos and fingerprints. The two officers that took care of us while we were at the station were very nice and explained it'd would be fine and that really the only reason we got arrested was because the narcotics division was downsizing and now the officers who arrested us just got three arrests under their belt (I cant prove this, but that’s what was said to us). Later we were taken to the courthouse where we also didn't receive a phone call and when we asked we were told to sit down and shut up. My friend whose apartment I was staying at was only 17 at the time and they were supposed to contact his parents by law, but they said they weren't going too. After several hours of waiting we talked to the lawyer provided to us about the whole thing and he told us we were being charged with 5th degree possession of marijuana, which we didn't even have at all. We saw the judge and he told us we were free to go and to stay out of trouble and after six months the case will be sealed and there was no conviction. I spoke to my neighbor who is a Lieutenant in the NYPD and he said it was an illegal arrest, and I should contact a lawyer. He also said that if I was to go into a supermarket and steal a bottle of dish soap that would be a worse offence then what I got arrested for. I called a few lawyers, but none would take the case because it would be the cop’s word against ours. My neighbor also told me that one of the only reasons I got arrested was because it was a small confined space (car) so the law states everyone gets arrested. However, if we were standing outside for example only the kid who had the pipe in his pocket would have been arrested. This all took place on July 11, 2003 in Astoria, Queens the time was early afternoon. I had my neighbor check my record and he said there was nothing there and it has been wiped clean. I don’t think that its fair that just because I was in the same car that my life should be held accountable for the mistakes of another. |
| Like i said the lawyers i spoke to wouldnt take the case because its the cops word against ours. Also i dont talk to either of those friends anymore so it would be tough to try again. The NY state law states in a confined space everyone gets arrested for example in a car. This was 3 years ago if they wouldnt take the case then, they certainly wont take it now. |
yea thats what i was going to do, but to answer the arrest part i need some information that i cant get access to b/c my record was sealed. |
Aside from the fact that these cops broke SEVERAL laws in their use of the statutory power of arrest, you needn't worry about the arrest. An arrest will ONLY cause your application for a permit to be denied if there was a conviction. You have no conviction, but yes, it IS a bullshit charge. YOU NEED TO CONTACT A LAWYER. It might cost you a few bones, but there is nothing more gratifying than getting retribution in court. Also, this is why I like states like Texas, where use of deadly force against a law enforcement officer who is in dereliction of his duties against a person has certain legal protections. Unfortunately, I have a similar situation in which I was summonsed without my knowledge for a legal dispute, and missed the court date and had a warrant issued. Once I got the warrant in the mail I called the police dept and told them what happened, and they said "yeah don't worry about it, just come down and we'll straighten it out." Basically, because I was summonsed, and subsequently had a warrant issued, I have an "arrest" record. Unfortunately, New York does not have an expungement process whereby the entire thing is deleted. I basically have an "arrest" (where no rights were read) record with a "dismissed" attached to it. NY is communist, as any arrest with no conviction should be expunged. We live in a society of laws, and there should NOT be a record keeper of who gets brought before a court to be tried. We should only be recording convictions. Get a lawyer. But don't worry, your permit won't be rejected. |
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Yea well so far all the lawyers i talked to said sorry i cant take the case because its a losing situation its the cops word against yours and the judge will always side with them in these matters. Hopefully, my neighbors partner's wife can help me out a bit by atleast getting me the information i need. I got another question for you on the application instructions it says you need the "transcript of records" from the court is that only if you went to trial and convicted? Beacuse all the judge told us was the case was being dismissed (ACOD) and be good for 6-months and the case will be sealed. |
| Well I can't give you much insight on your legal issues but good luck my friend, what i can tell you is i owned that gun in .40 s&w it wouldn't chamber certain ammo, It would only chamber winchester 180gr hollow points...what they test with at there factory, so thats how it made it through the test fire. I called S&W got right through to talk to someone and was off the phone in a few minutes with a shipping label on tbe way, when it got here i shipped it out and had it back in 2-3 weeks. It chambered everything i put in there. Not to far after that i sold it, i didn't like the trigger pull. I guess what i am getting at if you read on the internet there are people who love that particular gun its all opinion vs your personal prefference. You can't beat the price and if there customer service is the same as when mine went back its not a bad deal. I hope you can get some knowledge out my experience. |