redkow97 Posted December 20, 2011 Report Share Posted December 20, 2011 (edited) **edit** Scruit beat me to it, because i didn't finish the thread before posting. 3-year firearm spec confirms the experience I posted below though.doesn't Ohio have a law on the books that if a gun is used in crime, seven years is automaticly added to the sentance?Ohio adds "firearms specifications" to crimes where it can be proven a gun was used.7 years isn't correct though. I believe it's 3-5. It may be a larger range, like 1-10, but a flat 7 is definitely not correct.I actually had to write an appellate brief for a guy who was appealing his aggravated robbery conviction with a 3-year firearm specification.Basically he was saying that they should throw out the firearm spec because one of the two victims never actually SAW the gun. That's not surprising when the robber approaches from behind you, and holds it to your temple... Anyway, the second victim clearly saw the gun, but police never recovered it. the guy tossed it while fleeing.Frankly, his argument wasn't completely lacking merit. His appeal was still denied (because I wrote a fucking badass brief). Edited December 20, 2011 by redkow97 Quote Link to comment Share on other sites More sharing options...
Scruit Posted December 20, 2011 Report Share Posted December 20, 2011 Basically he was saying that they should throw out the firearm spec because one of the two victims never actually SAW the gun.Do he indicate that he had a gun? Touch the muzzle to the victim's back? I would buy his argument that the one victim was oblivious to the presence of the gun ONLY if he had TWO gun 3-yr specifications (one for each victim). Then maybe he can try to argue that there should not be a gun specification oblivious victim. If he had a single specification then the second victim seeing the gun is enough. Regadless... I would argue that he still used the gun to facilitate the offense whether the second victim knew about it gun or not. That falls under the 3yr specification on it's own merits without the need for display, brandishing or indicating the presennce of the firearm. Need me to write an amicus brief? I'd kick ass and take names. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted December 20, 2011 Report Share Posted December 20, 2011 this was a pro se defendant with a hand-written request that his appeal be re-opened. He wrote it from jail, and his arguments were garbage.beyond that, he filed his request for reopen after the deadline, so strictly speaking, the court didn't even need to consider whether or not he had a valid point.i believe the firearm spec was added to BOTH counts (agg robbery on 1 victim, and robbery on the 2nd). He was either only convicted on 1 of the firearm specs, or they were to be served concurrently anyway, so it was 3 years regardless.the fact that they couldn't recover the gun, and the witness changed her story made it a little suspect, but there's no doubt in my mind that the guy had a gun, or wanted them to believe he had a gun. If it wasn't really a gun, that's his dumb fault... Quote Link to comment Share on other sites More sharing options...
chevysoldier Posted December 21, 2011 Report Share Posted December 21, 2011 Funny how all the gun shops get robbed because everyone there is carrying. I mean those should be the most unsafe spots! Imagine that. Because the criminals are totally the ones with chl's. LOLOLOLRep for using CHL and not CCW. For some reason it bugs me...You wanna see crime rated drop around gas stations? Pass a law that all employees and attendants must carry a gun. Problem solved. Quote Link to comment Share on other sites More sharing options...
Scruit Posted December 21, 2011 Report Share Posted December 21, 2011 Rep for using CHL and not CCW. For some reason it bugs me...CCW is the national generic term to describe the concept of carrying a concealed handgun. Some people say W stands for Waiver and some say Weapon, but I'm not aware of any state that specifically license the concealed carry of non-handgun weapons.CHL is the name of the permit given out in Ohio. So, if you're CCW, you'd better have your CHL on you. Different states call them different things. Montana calls it a CWP. Quote Link to comment Share on other sites More sharing options...
downwithdisease Posted December 21, 2011 Report Share Posted December 21, 2011 heres an idea... close down gas stations in the middle of the night. are the three customers really that vital to business?? either that or put up bars and bullet resistant glass and do not allow customers in the store at night. Quote Link to comment Share on other sites More sharing options...
speedytriple Posted December 23, 2011 Report Share Posted December 23, 2011 You live a sheltered life out there in Aurora don't you? All the gas station in the city have little windows that spin around and bullet proof glass. LOL Quote Link to comment Share on other sites More sharing options...
Pokey Posted January 8, 2012 Report Share Posted January 8, 2012 Well......they have a damn gunbuster sign in the window, looks like they are losing my business. Why in the world any business owner would ban handguns for those that are legal to carry, makes no sense to me whatsover. Quote Link to comment Share on other sites More sharing options...
SecondLiar Posted January 8, 2012 Report Share Posted January 8, 2012 If I can't take my gun to the Sunoco' date=' how will I get my free gasoline?[/quote']Just drive off like usual? Quote Link to comment Share on other sites More sharing options...
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