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hd0642
08-31-2006, 4:25 PM
Say that I forgot and brought a gun to the airport, in my bag... and they found it.

1) what kind of state fine would i be looking at and would the judge hand down the fine at the arraignment?
2) Will i see any federal airline fines?
3) Would I get the gun back?
4) Would this incident make me ineligible for future purchases?
5) If I had a C&R license, would this provoke any visits from the atf?
6) if getting pulled over on a traffic citation, would they come guns a blazin?

i consider myself to be an extremely carefull gun owner with 2 safes and no children in the house. any advice would be appreciated

C.G.
08-31-2006, 4:31 PM
Most of these questions are best answered by a lawyer who specializes in such matters.

anotherone
08-31-2006, 4:31 PM
Chances are everyone else is going to give you the same advice as I'm about to. You need to contact an attorney immediately. Even if someone on this board does give you any advice disregard it and contact an attorney. If you need a recommendation then contact Trunich & Michel LLP in San Fransisco.

Nefarious
08-31-2006, 4:36 PM
Definately speak to an attorney before deciding to plead guilty.

Stanze
08-31-2006, 4:45 PM
I wouldn't plead guilty, since it was an accident, first offense, no criminal intent, upstanding member of sociey and no prior criminal record, I'd hire an attorney and try to get the charges dropped.

Good luck.

hd0642
08-31-2006, 4:54 PM
thanks guys, i am certainly not a criminal - i dont even have a speeding ticket on my record. from my understanding a DA will be with me in court at the arraignment, should i just ask him if i have any grounds for a not guilty plea?

Blacktail 8541
08-31-2006, 5:03 PM
Don't ask the DA anything, he is not there to help you. Go to a good gun LAWYER for legal advice.

50 Freak
08-31-2006, 5:03 PM
The DA will try to throw the book at you for everything including being an Al Quida cell member.

But they will "kindly" offer you a plea bargain to a lessor charge. This is a way they make their record look better as they go after law abiding citizens that make simple mistakes rather than real criminals.

Get a shark of an attorney and don't plea bargain to anything. You will most likely win in a court of law in front of your peers.

I'm sorry to tell you....you're going to have to spend money on this. It's not just going away.

Can'thavenuthingood
08-31-2006, 5:04 PM
Don't say anything more here.
Don't ask anymore questions.
Don't say anything to the DA.

You are far better off throwing a dart at the yellow pages under "Attorneys".

Go find an Attorney. You are about to be had.

Vick

6172crew
08-31-2006, 5:10 PM
I think if you are a NRA member they will refer you to one of the lawyers that they have on staff or at least they will send you to the right place.

Semper Gumby :cool:

moulton
08-31-2006, 5:23 PM
I would ask ramon to remove this whole thread :rolleyes:

grammaton76
08-31-2006, 5:23 PM
AND FOR CRYING OUT LOUD: Stop talking in public about your case. Shut the heck up. Only talk to your attorney, and to noone else. In particular, don't put information about yourself and your case in a place where it is publicly visible, like this forum.

...

To begin with, I would quickly go to the first post you made, and edit away any information other than the question that you need a criminal defense attorney for a firearms-related charge.

If I receive a request from the original poster that this thread GO AWAY, completely, deleted - precisely that will happen. No such request yet, but if it comes, that's my response.

Jicko
08-31-2006, 5:32 PM
hd0642: Find and talk to a gun lawyer.... don't just try to get your answers here on a public forum.... you should SHUTUP and go find a lawyer.... talking to LEOs are NOT going to help you... and anything you had said.... can be use against you in the court of law.... trying to "walk your way out" is never gonna to work.... LEOs are Law-Enforcement.... you break a law... they take you in.... as simple as that....

PS. this thread should go away.... good luck hd0642....

Diabolus
08-31-2006, 5:34 PM
Ask the DA? If you're trying to be funny, that's a pretty lame joke.

Ask your attorney. Find a good attorney you trust. Make sure it is someone who specializes in criminal stuff; you don't want someone who usually does divorces. I don't know whether you need a top-notch gun control law attorney like Chuck Michel; I would think that any good criminal defense attorney would do just fine.

To find an attorney, don't look at the ad on the back of the bus, or the full-page ad in the yellow pages, or the ones that advertise on late-night TV. Instead, if you have worked with an attorney before (for example for a trust/will issue, or taxation, or real estate issues), ask them for a recommendation for a criminal defense attorney. Ask trusted friends and family to give you recommendations.

AND FOR CRYING OUT LOUD: Shut the heck up. Only talk to your attorney, and to noone else. In particular, don't put information about yourself and your case in a place where it is publicly visible, like this forum.

Look: You have the possibility of spending one year in jail, and not owning a firearm again for a long time, if you screw up. You also have the possibility of getting a small fine, or getting off free (if you can convince the system that it was just a mistake). Please start acting accordingly.

To begin with, I would quickly go to the first post you made, and edit away any information other than the question that you need a criminal defense attorney for a firearms-related charge.


I think the thread should end with this post and it be locked.

50 Freak
08-31-2006, 5:42 PM
Jeez people...loosen up those tin foil caps. An un-named member of the forum asked a question as to possible legal courses of action for a problem he encountered.

All the facts of this case are out and it's not like our buddy here is doing a confession to a triple homicide.

Wow. There's a definite good to keeping quiet when the time comes but don't be like a bunch of old school kids afraid of the bogey man.

And yes I did stay in a Holiday Inn and yes I do have over a decade of legal experience under my belt.

Jicko
08-31-2006, 5:46 PM
Jeez people...loosen up those tin foil caps. An un-named member of the forum asked a question as to possible legal courses of action for a problem he encountered.

All the facts of this case are out and it's not like our buddy here is doing a confession to a triple homicide.

Wow. There's a definite good to keeping quiet when the time comes but don't be like a bunch of old school kids afraid of the bogey man.

And yes I did stay in a Holiday Inn and yes I do have over a decade of legal experience under my belt.

Not true.... if a DOJ agent saw this.... and "force" the site owner to give out account registration info.... Admin would have to supply those.... and what he post'ed can then be use in court.... and he would have to admit that he DID wrote that.... then his "not guilty" plead (if he choose to do that) would be pretty weak!!!

Gram: I really think you should just KILL the thread.

50 Freak
08-31-2006, 5:54 PM
Not true.... if a DOJ agent saw this.... and "force" the site owner to give out account registration info.... Admin would have to supply those.... and what he post'ed can then be use in court.... and he would have to admit that he DID wrote that.... then his "not guilty" plead (if he choose to do that) would be pretty weak!!!

Force Ramon to give up the poster on what grounds? What will the DOJ tell the judge when he is trying to get a subpoena? The poster was "caught" and let go. Nothing is going to happen till the DA decides to prosecute. And honestly this is a pretty weak case.

And even if this is taken to court. What can be "proven" that have not already seen the light of day? The poster brought a gun into an airport????

Not guilty plea...Oh come on, that is not going to happen....No atty would advise the poster to submit a not guilty plea. The poster brought a gun (registered in his name) into an airport (in his bag). What's there to plead "not guilty" to? Did some Al Quida member steal the poster's gun, then steal his bag and then plant a gun/bag into the poster's hands who unknowingly walked it through airport security??

Think guys....

USMC_2651_E5
08-31-2006, 6:00 PM
hd0642: .... you should SHUTUP and go find a lawyer.... talking to LEOs are NOT going to help you... and anything you had said.... can be use against you in the court of law.... trying to "walk your way out" is never gonna to work.... LEOs are Law-Enforcement.... you break a law... they take you in.... as simple as that....

Yes, anything you say may be used in court and you should definitely shut up if you intentionaly commited a criminal act. But keep in mind that LEOs may use discretion when determining wether or not to arrest you. If you have a legitimate excuse, you may be able to mitigate the probable cause for the arrest and avoid being charged in the first place. Just food for thought.

M. Sage
08-31-2006, 6:04 PM
Lawyer time. Don't talk about the incident without one present, either.

50 Freak
08-31-2006, 6:05 PM
What you should do is just say it was unintentionally brought in by accident. You forgot you had the gun in the bag AND THAT IS IT!!!!!!!

If the airport security guys decide to let you go with just a fine (after they tear apart your records). Then consider yourself luckly. You'll get away with an expensive lesson. Nothing more.

If they ask the DA to prosecute. Then get an attorney quick and fight it all the way. It will cost a lot more.

The point is. You just give enough of an answer to satisfy the airport security and put their suspicions at ease.

Automatically lawyering up will raise their suspicions and get them to start looking at you even deeper.

Admitting a simple mistake, paying the fine and walking away is the best result you can hope for. I'm sure this happens more often then we know.

USMC_2651_E5
08-31-2006, 6:13 PM
I agree with 50 Freak.

The case is already proven unless you are going to claim gov't conspiracy at the airport.

In California, carrying a concealed weapon is a general intent crime, meaning that the crime was commited when he carried the concealed weapon in a public place. There is no specific intent requirement. And a pre/post arrest statement probably wont change a thing (refering to in court), unless you change your story.

Talking to a lawyer wouldn't be a bad idea though. A good one may be able to broker a deal where you don't lose any rights.

RRangel
08-31-2006, 6:33 PM
This can be a very serious post. Websites are not the real place for legal advice. This is getting locked.

grammaton76
11-21-2006, 3:07 PM
Unlocked at original poster's request; we have a resolution. Details to follow.

hd0642
11-21-2006, 3:42 PM
thanks grammaton76 - i just wanted to tell you guys the outcome of my charges. i hired an attorney after most of you reccomended me to. i used legalmatch.com and found an outstanding attorney that only charged me a flat rate fee of $1495 as long as it did not go to trial. we went to a total of 2 hearings and he was able to negotiate the dropping of my charges. an infraction of disturbing the peace was issued and a fine of $465 with confiscation of the weapon. he said that there could still be something coming down from the federal level but he feels they will not bother with it as it is a clear case of neglogence. he also said that it being in a computer bag that there was no way i could have been smuggling with the intent to hijack as it is sure to be x-rayed...thanks to all of you because i was really at a loss with this being my first ever experience with breaking the law, he said that helped as well.....

Cobrarlc
11-21-2006, 4:04 PM
Great news. We are all glad that the charges were dismissed.
Happy Thanksgiving.:)

M14Gunman
11-21-2006, 5:13 PM
thanks grammaton76 - i just wanted to tell you guys the outcome of my charges. i hired an attorney after most of you reccomended me to. i used legalmatch.com and found an outstanding attorney that only charged me a flat rate fee of $1495 as long as it did not go to trial. we went to a total of 2 hearings and he was able to negotiate the dropping of my charges. an infraction of disturbing the peace was issued and a fine of $465 with confiscation of the weapon. he said that there could still be something coming down from the federal level but he feels they will not bother with it as it is a clear case of neglogence. he also said that it being in a computer bag that there was no way i could have been smuggling with the intent to hijack as it is sure to be x-rayed...thanks to all of you because i was really at a loss with this being my first ever experience with breaking the law, he said that helped as well.....

In my ordeal they offered me a similar deal... I still turned it down and we were going to go to trial.... I ended up paying more money but in the pre-trial hearings my attorney was able to get the evidence against me supressed... no evidence, no proof... I got my gun back... :)

I did end up with community service and a $250 fine.

http://www.calguns.net/calgunforum/showthread.php?t=42518

hd0642
11-21-2006, 5:21 PM
well after its all said and done i consider myself getting off cheap. i did speak to my attorney a little while ago and he is very confident that nothing will be coming down from the federal level. he asked me if i was interviewed by homeland security when i was detained at the airport and i was not so he said that there were no charges filed at the federal level. i guess only time will tell.

grammaton76
11-21-2006, 5:30 PM
I'm getting to the point where I'm thinking we should start collecting these prosecution stories... perhaps in a gunwiki page. hd0642... would you be willing to have your story archived there, if I handle the formatting and data insertion?

I'm just thinking it would be useful to have an index of resolved cases... offense/outcome.

mike100
11-21-2006, 7:45 PM
How did you forget you had a gun in your bag? hehe.. also I was curious..check in or carry on luggage? How did they freak out when they found it. do you have a carry permit?.. anyways..more details would be interesting.

hd0642
11-22-2006, 3:24 AM
sure grammaton - i had the full details in my original posting but it was cut out because a moderator thought it was too much information that i should be giving out. i use my laptop as my home workstation and it really doesnt travel much at all. 6 months prior to this airline trip i made a long car trip and it was packed in the bag and put in the trunck, when i got home from the trip the bag went back into the closet where it and the gun sat untill i went on this plane trip. on that day i got home from work packed my bags and my computer and hastely headed off to the airport. i didnt check anything in - all 2 of my bags were carry ons. the xray guy asked me if i had a harmonica in my bag and i knew i didn't but i never thought they'd be pulling out my kahr. they immediatelly flagged down a police officer that happened to be strolling by at that precise moment.