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-   -   felony charge (http://www.firearmstalk.com/forums/f97/felony-charge-24910/)

lamuskrat 03-20-2010 07:13 PM

felony charge
 
OK I don't know if this is the right place to put this so I'll just shoot (yes pun intended) it out there for all to input on.

My son was 17 and while at school he was caught with a pocket knife. Normally no big deal (or at least it wasn't when I was in school....40 years ago), but is a major ordeal now-a-days after Columbine. He didn't brandish it or threaten anyone, he was just "in possession" of it. Well they arrested him. Jailed him. Placed a felony charge on him. Did I mention that this kid had never been in trouble or sent to the principles office for ANYTHING.
We contacted the parish (county in every other state) DA and he was placed in PTI (pre-trial intervention). In other words the judge told him to talk to the clerk who gave him the DA's phone number. They set up a meeting and he was told to pay $800.00 and all will "go away". Basically paying for freedom. No guilty or not guilty plea was offered. No story really even told. He was even told the sooner it was payed off the sooner it goes away.

So to my question. Can he buy a handgun? When he answers questions on the form for background check, won't he be disqualified because of arrest, jail, and felony charge? If he was to purchase from another party can't they both be in violation of law?

As far as I know the charges were dropped or expunged, isn't that the same as "never happened"?

Secondly...why does he have to be 21 to purchase from a FFL but only 18 to purchase from a private party? Does that make sense to anyone?

Thanks in advance for your help and expertise!!!

Murfdeezy 03-20-2010 10:28 PM

He wasn't convicted of a phelony. He did not go to trial, or accept a plea. They basically fined him. They fined him an astronomical amount, and that whole scenario is shameful and ridiculous. I think everyone involved should be completely ashamed of themselves....except your son. He did nothing wrong, with the exception of maybe spacing out and breaking a school policy. Any educator with even a speck of common sense asks him for the knife. They could have simply taken it away and called you. He is not a trouble maker, and clearly meant no harm to anyone, so it should have been as simple as that. Anyway, I don't believe the incident will have any affect on his ability to posess a handgun. They can arrest people for whatever they want, it is irrellevant. They have to prove you committed a phelony, before they can take away your constitutional right to do so. It is your conviction that disqualifies you, not just a charge, that was apparently dropped anyway. He should be good. Too bad you had to buy the world's most expensive pocket knife, the kid could have a Sig already for that price. Take it easy.

skullcrusher 03-20-2010 10:42 PM

OK, a couple of things.

Asking for legal advice on the internet and you get just what you paid for. Nothing. Check your state laws as to even the legal possession of a handgun by under 21. Now as far as the knife thingy, it should not even show up in his record. Ask your local LEO's to do a check on him to be sure. I would check at the county level. I doubt there is any felony record at all.

Now, Murfdeezy, how about stopping by the introduction thread and let us know a bit about yourself. :)

Rick1967 03-20-2010 10:54 PM

Things have really chnaged. I didn't realize I was this old. I dont think I remember anyone not having a pocket knife in school. I took auto shop, electronics, metal shop. It was a tool. Everybody had one. This is a sad sad world we live in.

lamuskrat 03-20-2010 11:06 PM

Very good replies thus far.
In Louisiana he can purchase a handgun at 18.
Yes it is a shame that a boy can't be in possession of a knife while at school. To me it is like a right of passage from boy to manhood (young man I must add).
I guess I do need to check his record to make sure it has been "expunged".

Thank you again.

skullcrusher 03-20-2010 11:14 PM

Quote:

Originally Posted by lamuskrat (Post 253531)
Very good replies thus far.
In Louisiana he can purchase a handgun at 18.
Yes it is a shame that a boy can't be in possession of a knife while at school. To me it is like a right of passage from boy to manhood (young man I must add).
I guess I do need to check his record to make sure it has been "expunged".

Thank you again.

Just go to your local Sheriff's dept and ask them to run his ssn or dl#. That will tell you all you need to know.

As far as having a knife in school, things have turned stupidly ugly there. When I went to HS, guys had shotguns in their trucks during deer season or .22lrs during squirrel season. That is why we need to remain vigilant in protecting our 2A rights. Vote as such in Nov. :D

Murfdeezy 03-20-2010 11:29 PM

Quote:

Originally Posted by skullcrusher (Post 253518)
OK, a couple of things.

Asking for legal advice on the internet and you get just what you paid for. Nothing. Check your state laws as to even the legal possession of a handgun by under 21. Now as far as the knife thingy, it should not even show up in his record. Ask your local LEO's to do a check on him to be sure. I would check at the county level. I doubt there is any felony record at all.

Now, Murfdeezy, how about stopping by the introduction thread and let us know a bit about yourself. :)

I didn't know there was an introduction thread. I will try to find it now. I also was not administering legal advice as to his legal right to own a firearm under the age of 21. I thought the question was whether or not he could legally have one after the incident. Since he clearly had no felony conviction, or plea, it seemed fairly obvious. However, I am not a lawyer, so don't quoute me. It was meant as a friendly discussion about the entire overblown situation.

...also, how do I stop getting emails every time somebody posts a reply in a thread that I posted in? It is making me crazy already.

skullcrusher 03-20-2010 11:37 PM

Quote:

Originally Posted by Murfdeezy (Post 253549)
I didn't know there was an introduction thread. I will try to find it now. I also was not administering legal advice as to his legal right to own a firearm under the age of 21. I thought the question was whether or not he could legally have one after the incident. Since he clearly had no felony conviction, or plea, it seemed fairly obvious. However, I am not a lawyer, so don't quoute me. It was meant as a friendly discussion about the entire overblown situation.

...also, how do I stop getting emails every time somebody posts a reply in a thread that I posted in? It is making me crazy already.

No harm done. I thought your reply was exactly right. Jusst saying that legal advice on the netz is just what it is. All is cool.

As for the e-mail thing, go into the UserCP and somewhere in there an option for subscribe to threads and all. Change it so you don't get an e-mail or a PM for the replies.

Skullcrusher

TheDaggle 03-20-2010 11:51 PM

Quote:

Originally Posted by lamuskrat (Post 253388)
OK I don't know if this is the right place to put this so I'll just shoot (yes pun intended) it out there for all to input on.

My son was 17 and while at school he was caught with a pocket knife. Normally no big deal (or at least it wasn't when I was in school....40 years ago), but is a major ordeal now-a-days after Columbine. He didn't brandish it or threaten anyone, he was just "in possession" of it. Well they arrested him. Jailed him. Placed a felony charge on him. Did I mention that this kid had never been in trouble or sent to the principles office for ANYTHING.
We contacted the parish (county in every other state) DA and he was placed in PTI (pre-trial intervention). In other words the judge told him to talk to the clerk who gave him the DA's phone number. They set up a meeting and he was told to pay $800.00 and all will "go away". Basically paying for freedom. No guilty or not guilty plea was offered. No story really even told. He was even told the sooner it was payed off the sooner it goes away.

So to my question. Can he buy a handgun? When he answers questions on the form for background check, won't he be disqualified because of arrest, jail, and felony charge? If he was to purchase from another party can't they both be in violation of law?

As far as I know the charges were dropped or expunged, isn't that the same as "never happened"?

Secondly...why does he have to be 21 to purchase from a FFL but only 18 to purchase from a private party? Does that make sense to anyone?

Thanks in advance for your help and expertise!!!

Unfortunately, dropped charge may not mean "never happened" under all circumstances. I had a dropped citation from when I was 16 show up when I tried to join the Army. They said it wasn't an issue unless the county records office sent back paperwork on it, and they did. I believe he can claim no felonies on applications and such, but big brother is not as forgiving as he once was, and even dropped tickets from juvenile record may surface under certain circumstances.
Don't mean to spread unnecessary pessimism, but that's my experience.:(:mad:

stalkingbear 03-20-2010 11:51 PM

Unless I'm badly mistaken, by federal law you cannot purchase a handgun until the age of 21. You may possess but not purchase-go figure.



Quote:

Originally Posted by lamuskrat (Post 253531)
Very good replies thus far.
In Louisiana he can purchase a handgun at 18.
Yes it is a shame that a boy can't be in possession of a knife while at school. To me it is like a right of passage from boy to manhood (young man I must add).
I guess I do need to check his record to make sure it has been "expunged".

Thank you again.



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