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Lincoln conceal carry at Northeast High - Gun confiscated & destroyed??
66bigblock:
http://journalstar.com/news/local/911/probation-fine-given-to-man-accused-of-carrying-gun-on/article_6d878b47-8306-51a6-b095-88c5d4749e2c.html
From the article, Phillips pleaded to misdemeanor for conceal carrying at Northeast High. Sentence includes giving up all firearms AND having his firearm destroyed.
Can someone explain please?
66bigblock
depserv:
Carrying an illegal drug and a gun both, especially into a school, is a bad idea. He said he usually carried his gun in a holster but "forgot" that he had it in his pocket instead, and they found pot on him... hmmmmm... Carrying while stoned is a bad idea. And he was probably driving while stoned too (I've been behind people driving slow in the fast lane apparently oblivious to the long line of cars backed up behind them and thought they must have been stoned).
It should not be illegal to carry a gun into a school. And I don't even think pot should be illegal. But all that's because I think the individual needs to be responsible for what he does. So it's a little hard to be sympathetic for this guy.
The gun should not have been "destroyed;" the official state religion demands things like that because the gun is evil according to their dogma, so if they can find an excuse to destroy one they will.
66bigblock:
I dont disagree that EVERYTHING he did was beyond stupid. AND I am not defending any of his actions.
Im trying to understand how his plea to 3 misdemeanors forces him to turn his firearms over to other family members and the one confiscated during the original crime to be destroyed? Unless he had a prior felony that prevented him from possessing in the first place, but then wouldnt the charge have been "Possission of deadly weapon by prohibited person" which is an additional felony charge, not a misdemeanor, so I am ruling that out as a possibility.
Stupid actions, yes.
Destroying weapons? Under what law?
66bigblock
Sandhillian:
My interpretation of the article is that he had to give up his guns as a condition of probation. Probation is a privilege. If you don't want to abide by the terms the court sets for your probation, then you can go to jail. Once he completes his sentence, he should be able to get the guns back that weren't destroyed.
The gun he carried into school was destroyed pursuant to the statute regarding unlawful possession of a firearm at a school, which says (unless he is ACQUITTED of the charge):
"Any firearm confiscated by or given to a peace officer pursuant to subsection (2) of this section shall be declared a common nuisance and shall be held by the peace officer prior to his or her delivery of the firearm to the property division of the law enforcement agency which employs the peace officer. The property division of such law enforcement agency shall hold such firearm for as long as the firearm is needed as evidence. After the firearm is no longer needed as evidence, it shall be destroyed in such manner as the court may direct."
AAllen:
--- Quote from: Sandhillian on December 04, 2015, 03:32:57 PM ---My interpretation of the article is that he had to give up his guns as a condition of probation. Probation is a privilege. If you don't want to abide by the terms the court sets for your probation, then you can go to jail. Once he completes his sentence, he should be able to get the guns back that weren't destroyed.
The gun he carried into school was destroyed pursuant to the statute regarding unlawful possession of a firearm at a school, which says (unless he is ACQUITTED of the charge):
"Any firearm confiscated by or given to a peace officer pursuant to subsection (2) of this section shall be declared a common nuisance and shall be held by the peace officer prior to his or her delivery of the firearm to the property division of the law enforcement agency which employs the peace officer. The property division of such law enforcement agency shall hold such firearm for as long as the firearm is needed as evidence. After the firearm is no longer needed as evidence, it shall be destroyed in such manner as the court may direct."
--- End quote ---
While nothing in this post is wrong, the Drug charge even though a misdemeanor also falls into Lincoln's no guns for you laws which bars a person from owning or possessing firearms in the city limits.
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