Marine facing 15 years for unknowingly violating gun law

[Cheech]

Hell I wanted to do a road trip this summer and I have to plan my route around states that allow Ohio CHL. I wanted to do NY but not worth not having my gun.

I have a question. At what point in your adult life did you suddenly come to the conclusion that it is imperative to be armed at all times, in all places? Like yesterday you were just fine being in a given place unarmed, but today the thought of returning to those places without a firearm is now out of the question?

[conn-e-rot]

Actually, it's Article IV, Section 1.

Section 2 also applies

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States

[shadyone]

So If this guy gets convicted, then lets say the the National reciprocity law goes through will he be set free?

[kawi kid]

So If this guy gets convicted, then lets say the the National reciprocity law goes through will he be set free?

In Ohio when they hanged the transportation of concealed weapons I'm.pretty sure if you were charged with a crime and you wouldn't have under the new law the crime was waved.

[kawi kid]

I have a question. At what point in your adult life did you suddenly come to the conclusion that it is imperative to be armed at all times, in all places? Like yesterday you were just fine being in a given place unarmed, but today the thought of returning to those places without a firearm is now out of the question?

Does it matter? I curious what you angle is at this one. Troll away I'm ready for a laugh.

[Cheech]

So If this guy gets convicted, then lets say the the National reciprocity law goes through will he be set free?

Don't see how. Your actions were illegal at the time.

Does it matter? I curious what you angle is at this one. Troll away I'm ready for a laugh.

No angle, just curiosity. Jst2fst clearly wanted to go to NY, but since he can't carry his firearm around he is avoiding it. I wanted to know what that tipping point was from unarmed "hey, I kinda want to go there" to armed "no fuckin way".

[kawi kid]

Maybe he refuses to bring any of his well earned money and spend it in a place that simply ignores his rights?

[vf1000ride]

Just so everyone's clear, the State of New York does not recognize any other state's license.

Well, that's true also. I knew of the difference between city and state but wasn't aware of the non-reciprocity to other states. I have not been to New York in the last 10 years so it wasn't much of a concern for me. I usually do my research right before and have even printed the rules to take with me when I have decided to carry in other states.

[Jst2fst]

I have a question. At what point in your adult life did you suddenly come to the conclusion that it is imperative to be armed at all times, in all places? Like yesterday you were just fine being in a given place unarmed, but today the thought of returning to those places without a firearm is now out of the question?

Does it have to matter really, whats the use of a CHL if you sometimes use it. Yes, I can't have it at work and certain establishments as some other may be but a road trip to who knows where yet brings up the what if and we can play this game all day long on the what if's. So then I'll assume that you'll be my personal body guard for me while on this road trip because its not necessary to carry in unfamiliar areas right as in take a bullet and beating that could possibly harm me. Carry on

Maybe he refuses to bring any of his well earned money and spend it in a place that simply ignores his rights?

This too

[chevysoldier]

Just don't go to places that are dangerous. Duh.

[Jst2fst]

Just don't go to places that are dangerous. Duh.

WHAT!! . Thats half the fun

[conn-e-rot]

If you get into danger just kick it sideways and get the hell out of there.

[magley64]

If you get into danger just kick it sideways and get the hell out of there.

this^

rock the throttle, they probably can't catch you...

[Scruit]

So If this guy gets convicted, then lets say the the National reciprocity law goes through will he be set free?

No.

Well, most probably no.

Let me explain...

(Cliffs: I believe it *is* possible that a person who broke the law could avoid prosecution, or be released from jail early, if their act is subsequently decriminalized. But it would require someone in a positon of power to go out of their way to make it happen. The criminal process by default does not care if the law changes after the fact and will stay the course unless someone chooses to do something about it.)

There are many stages to a felony criminal case that ends in conviction:

- The crime happens

- The police investigate/arrest etc

- First hearing(s) in lower court (municipal)

- The prosecutor presents the case and secures grand jury indictment

- The court case (hearings/trial/plea bargaining) resulting in conviction

- Sentenced to jail

This is a hideous oversimplification and I know I missed stuff.

In the question stated above "If this guys gets convicted"... Then no, he won't be released simply because national reciprocity gets passed. Although this may be a factor that the parole board considers. Or he may raise this as a basis for a motion for judicial release ("Dear Mr.Judge, Please let me finish my jail term as probation, and here's why I think I deserve it...") In this case the conviction is still on their record - they are still a felon. Good luck with restoration.

What about at other stages of the case?

The police *might* decide to not file charges if the law changes while they are investigating. And the prosecutor may opt to not prosecute because it is "Not in the interests of justice" (or file a motion to dismiss a prosecution that is already under way). The defence may request a dismissal on the grounds that justice is not being served by continuing to prosecute an act that is no longer illegal. Either way, it would be up to a human in a position of power to make a call to stop the case.

And in New York city? I would consider that to be highly unlikely. now, if someone got caught in a gun-friendly town in Ohio and just happened to have a CHL from a state we don't recognize (and the officer doesn't simply point out the error and have him switch to "transporting" the gun instead) then I could see a prosecutor requesting dismissal if the law changes while the case is being heard. But I get the feeling that New York city has become accustomed to its gun ban and would give it up VERY reluctantly - and be unwilling to go out of their way to cut people a break if the law changes.

Something else to consider is that the date of the offense is so important that if the sentencing guidelines for a thatc crime happen to change after the crime happened then you are still sentenced based upon the guidelines that existed at the time of the act.

Think of it this way: If the law changes to make something illegal they cannot go back and prosecute people who did that thing before it was banned, right?

[magley64]

I think scruit hit the nail on the head, the only other option I see is the passing of national reciprocity would give his lawyer grounds for appeal...

thusly being re-tried or sentence reduced to time served or similar...

it would then also be grounds for expungement later on...

lots of red tape and BS, but it could theoretically change his outcome.

[Scruit]

I think scruit hit the nail on the head, the only other option I see is the passing of national reciprocity would give his lawyer grounds for appeal...

thusly being re-tried or sentence reduced to time served or similar...

it would then also be grounds for expungement later on...

lots of red tape and BS, but it could theoretically change his outcome.

Passing reciprocity after conviction would not give you grounds for appeal. Best you can hope for is early parole/judicial release but you are still a felon.

[conn-e-rot]

The chance of national reciprocity passing under current administration is slim at best

[magley64]

you are still a felon.

no expungement? I thought there were only a few cases where expungement wasn't an option...

[Cheech]

Think of it this way: If the law changes to make something illegal they cannot go back and prosecute people who did that thing before it was banned, right?

Correct. No ex post facto laws, clause 3 of Article I, section 9 of the U.S. Constitution and the states are prohibited from the same by clause 1 of Article I, section 10.

I'll be damned if the anti-gun lobby and the religious lobby don't keep trying, though. The rest of your post was very well done.

[Steve Butters]

i thought they did something similar with the CHL law changes in october? where people in trouble for unsecured carrying in a vehicle or whatever would get their charges dropped/expunged, etc when the new laws went into place?

[Scruit]

i thought they did something similar with the CHL law changes in october? where people in trouble for unsecured carrying in a vehicle or whatever would get their charges dropped/expunged, etc when the new laws went into place?

Hadn't seen that.

[Pokey]

The NRA will more than likely get involved, I bet he will be exonerated in due time.

[kawi kid]

i thought they did something similar with the CHL law changes in october? where people in trouble for unsecured carrying in a vehicle or whatever would get their charges dropped/expunged, etc when the new laws went into place?

Yep i said that a few pages ago.