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  • #46
    huskydog
    Member
    • Dec 2006
    • 194

    Originally posted by Tostadomarco
    Cut me some slack. It's the first and last time that'll ever happen. Am I the only one who has done stupid things here? I do admit my huge mistake.
    Your not the only one dude the has done stupid things. I have a hole in my couch and floor from playing around with a pistol while drinking. I'm glad the neighbors didn't call the cops. No one was hurt and I learned a lesson.

    Comment

    • #47
      RickD427
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Jan 2007
      • 9274

      Originally posted by bountyhunter
      Except it sounds like he already acknowledged it to responding officers who would have taken it down as evidence.... another reason to NEVER talk to police. I doubt they will prosecute either, but they could.
      There's a flip-side to this "Police Paranoia" POV.

      It sounds like the OP provided the responding deputies with enough information surrounding the event so that could make an assessment that the incident was minor enough to handle with documentation and referral. The only way they could have handled at a lower level would be to take no action at all. That's not a realistic expectation given the fact that someone was aggrieved enough to call deputies.

      Had the OP declined to provide the deputies with enough information to reach that conclusion, the likely outcome would have been a trip to jail, booking on the felony charge, and the seizure of the involved weapons. After that level of police intervention, it's really impossible to handle at a lower level. At that point misdemeanor charges are about the best that could be hoped for.

      The OP handled his interaction with the deputies well (even if his thought processes were very deficient in the initial shooting).

      Let's also remember that his statements to the deputies cannot be used to show him guilty of anything in the absence of other evidence. Please refer to People v Alavarez (Reporter N/A, CCA decision of 5-23-2003) and CALJIC 2.72
      If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

      Comment

      • #48
        epilepticninja
        Veteran Member
        • Aug 2010
        • 4166

        Rule #1 of being stupid, DON'T POST ABOUT IT ON CALGUNS!
        Former political prisoner who escaped on 9-24-23.

        Comment

        • #49
          Lead4bfast
          Member
          • Sep 2013
          • 169

          Originally posted by epilepticninja
          Rule #1 of being stupid, DON'T POST ABOUT IT ON CALGUNS!
          Let's just consider the OP's statement like part of the syllabus- a learning guide of what not to do ever!
          just because you're breathing, it doesn't mean you're living-life!

          Lead4bfast=I eat lead for breakfast...

          Comment

          • #50
            epilepticninja
            Veteran Member
            • Aug 2010
            • 4166

            Originally posted by Tostadomarco
            I posted because I didn't know who else to ask and wanted to know what I can expect in the future. If nothing else I would hope that at least some else can learn from my mistakes. Being handcuffed for 30 minutes in front of your own home is not fun.

            That good Sir, is what they make lawyers for. There are a couple of people on the forums that give outstanding advice (most are LE/attorneys). The majority just want to bust balls.


            Sent from my iPhone using Tapatalk
            Former political prisoner who escaped on 9-24-23.

            Comment

            • #51
              hunterb
              CGN/CGSSA Contributor
              CGN Contributor
              • Jun 2011
              • 3796

              Originally posted by Tostadomarco
              I sincerely apologize for giving us 2A people a bad name.
              Learned your lesson, you're lucky if you don't get a big fine IMO. Good luck OP, be safe!
              Last edited by hunterb; 01-17-2016, 4:39 PM.
              Originally posted by johnthomas
              ...The hardest part getting rid of crap is getting started.

              Comment

              • #52
                Rickrock1
                CGN/CGSSA Contributor
                CGN Contributor
                • Jan 2012
                • 5158

                Was it a pump or co2 pallet gun ?
                sigpic

                Comment

                • #53
                  Hot Holster
                  Senior Member
                  • Aug 2012
                  • 912

                  In some jurisdictions when shooting, the rounds must stay within the property boundaries. If you were shooting from your yard across property lines into other property, that might be an offense in your area.
                  You may not like guns, and choose not to own one. That is your right. You might not believe in God. That is your choice. However, if someone breaks into your home, the first two things you're going to do are, 1) Call someone with a gun, 2) Pray they get there in time.

                  Comment

                  • #54
                    russ69
                    Calguns Addict
                    • Nov 2009
                    • 9348

                    Originally posted by Tostadomarco
                    ...My beer and empty cans were by where I was shooting...
                    Originally posted by epilepticninja
                    Rule #1 of being stupid, DON'T POST ABOUT IT ON CALGUNS!
                    And don't stack your empties out in the yard where you are shooting.
                    sigpic

                    Comment

                    • #55
                      L84CABO
                      Calguns Addict
                      • Mar 2009
                      • 8744

                      Originally posted by Tostadomarco
                      Cut me some slack. It's the first and last time that'll ever happen. Am I the only one who has done stupid things here? I do admit my huge mistake.
                      I'm trying very hard to be polite here as my personal opinion is that you have absolutely no business whatsoever owning firearms. That said I will impart two additional points for your consideration...

                      1) It would surprise me if this was the first time that you've done something stupid when you've been drinking. To that end, alcohol is no excuse. Moreover, if you know you turn into the worlds biggest moron when you drink, then for the love of god don't!

                      2) You're incredibly lucky that your girl is still with you. Because no woman wants to be with "that guy."
                      "Kestryll I wanna lick your doughnut."

                      Fighter Pilot

                      Comment

                      • #56
                        guns4life
                        Veteran Member
                        • Aug 2010
                        • 4916

                        Originally posted by Tostadomarco
                        It wasn't a pellet gun. They were .22lr rifle and .22lr handgun.
                        Oh, thankfully that specific caliber is known for it's inability to travel great distances....
                        sigpic

                        Comment

                        • #57
                          26.2madness
                          Member
                          • Feb 2015
                          • 229

                          Originally posted by Tostadomarco
                          I wasn't drunk. Just had maybe 3 or beers at that point. The sheriff took my pocket knife when he searched me and drove back an hour later to return it. He said he forgot he still had it.
                          I am not sure which is dumber. Firing your gun randomly in the air, or admitting on a public forum that you were drinking (or drunk) while you were doing it.

                          You better hope they do not prosecute because it is going to be an easy win for the prosecution. Many times, the 5th amendment helps retain your right to the 2nd amendment among others.

                          Comment

                          • #58
                            EspoMan
                            Senior Member
                            • Jun 2011
                            • 1618

                            OP you shouldn't own firearms period. You sound like a very irresponsible person. I hope they take all your guns away. You give all gun owners a bad name.
                            Living in the free State of Nevada

                            Comment

                            • #59
                              Rickrock1
                              CGN/CGSSA Contributor
                              CGN Contributor
                              • Jan 2012
                              • 5158

                              Originally posted by Tostadomarco
                              It wasn't a pellet gun. They were .22lr rifle and .22lr handgun.
                              Ok come clean how many CG accounts do you have?? According to my calculations and mathematical mind system you have multiple.

                              Can't even take a joke sheezzzz
                              Last edited by Rickrock1; 01-17-2016, 8:53 PM.
                              sigpic

                              Comment

                              • #60
                                bountyhunter
                                Veteran Member
                                • Oct 2005
                                • 3423

                                Originally posted by RickD427
                                There's a flip-side to this "Police Paranoia" POV.

                                It sounds like the OP provided the responding deputies with enough information surrounding the event so that could make an assessment that the incident was minor enough to handle with documentation and referral. The only way they could have handled at a lower level would be to take no action at all. That's not a realistic expectation given the fact that someone was aggrieved enough to call deputies.

                                Had the OP declined to provide the deputies with enough information to reach that conclusion, the likely outcome would have been a trip to jail, booking on the felony charge, and the seizure of the involved weapons. After that level of police intervention, it's really impossible to handle at a lower level. At that point misdemeanor charges are about the best that could be hoped for.

                                The OP handled his interaction with the deputies well (even if his thought processes were very deficient in the initial shooting).

                                Let's also remember that his statements to the deputies cannot be used to show him guilty of anything in the absence of other evidence. Please refer to People v Alavarez (Reporter N/A, CCA decision of 5-23-2003) and CALJIC 2.72
                                I am not convinced that admitting guilt was a good idea. If there were (are) no witnesses the best course is to say:

                                I have no information on any such events you are describing.

                                The deputies, realizing all they had was a phone call from somebody who claimed to have heard shots, would know they were at a dead end and leave... probably after a threatening lecture. AFAIK, they don't have shotspotter technology and can't nail down shot locations.

                                My original advice stands: when police arrive, apply super glue to yor lips. If they try to charge, get a lawyer.

                                To be clear: I am not defending the underlying stupidity. Getting drunk and shooting is possible the stupidest thing on earth. And it's posts like this that make me bite my tongue when I read people claiming that the only right way for the world to exist is where anybody can carry a gun anyplace, anytime, for any reason without any restriction.......
                                Last edited by bountyhunter; 01-17-2016, 6:18 PM.

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