NFOA MEMBERS FORUM
General Categories => Newsworthy => Topic started by: 66bigblock on December 04, 2015, 01:38:48 PM
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http://journalstar.com/news/local/911/probation-fine-given-to-man-accused-of-carrying-gun-on/article_6d878b47-8306-51a6-b095-88c5d4749e2c.html (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
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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.
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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
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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."
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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."
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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No sympathy from me. How did the pot head come to own any guns in the first place. How did the pot head get a purchase permit? How did the pot head get a concealed carry permit?
He had to have lied on his fed forms.
I am not much into the idea we need to jump through hoops to exercise a RIGHT guaranteed in the constitution, but if you play stupid games, you win stupid prizes.
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From the CCW application:
d. Are you an unlawful user or addicted to a controlled substance under 21 U.S.C. 802 Section 102 (this does not require a __ Yes __ No conviction)? If yes, please provide dates, times, and places of use. _________________________________________________
Obviously, as gun owners most of us have encountered this similar question on other related documents....that generally prevents progress in the expected direction.
So yeah, lying on the application(s), transfers, etc. or simply picking up a contrary habit afterwards falls somewhat outside the law.