CCW Twist - Father forgets he has gun, gets felony rap

Page 4 - Seeking answers? Join the AnandTech community: where nearly half-a-million members share solutions and discuss the latest tech.

shortylickens

No Lifer
Jul 15, 2003
82,854
17,365
136
Don't want to do the time, don't do the crime.

I keep guns cuz theres a whole crapload of people in America who DONT subscribe to your logic.
Many guys are perfectly happy committing crimes and getting away without a trace.
 

justoh

Diamond Member
Jun 11, 2013
3,686
81
91
You have an incorrect understand of strict liability laws, friend.

They work specifically because of mens rea.

Guy goes in and robs a bank. Guard shoots at the robber and hits the teller instead. Robber is guilty of felony murder, derived from his mens rea over the robbery. He clearly didn't intend murder.

The key to understanding is the word "strict." That's why you don't look at intent. And felony murder laws are something else. Compare, say, joyriding statutes to this gun crap. derp
 
Aug 14, 2001
11,061
0
0
Three years doesn't really sound like a long time. If you are going to carry a gun then you should face consequences if you break the law with it and the consequences should be more severe.
 

TerryMathews

Lifer
Oct 9, 1999
11,473
2
0
The key to understanding is the word "strict." That's why you don't look at intent. And felony murder laws are something else. Compare, say, joyriding statutes to this gun crap. derp

Comparing joy riding to carrying a firearm. Mega derp.
 

TerryMathews

Lifer
Oct 9, 1999
11,473
2
0
Far far less than walking into a school with a weapon.

And why is that? The gun owner has hurt far fewer people (namely 0).

Let's just be honest: you all want to make an example out of him to discourage gun ownership. This guy did everything right to correct the situation and was honest and forthright when confronted about the situation.
 
Aug 14, 2001
11,061
0
0
And why is that? The gun owner has hurt far fewer people (namely 0).

Let's just be honest: you all want to make an example out of him to discourage gun ownership. This guy did everything right to correct the situation and was honest and forthright when confronted about the situation.

How many people has a person who is carrying some pot hurt?

There should be a policy of zero tolerance for people who walk into schools with weapons. And he wasn't honest and forthright - he lied and said it was a switchblade which is very suspicious. This person doesn't have the brains to own a gun and should be thrown away for a long time.
 
Last edited:

TerryMathews

Lifer
Oct 9, 1999
11,473
2
0
How many people has a person who is carrying some pot hurt?

There should be a policy of zero tolerance for people who walk into schools with weapons. And he wasn't honest and forthright - he lied and said it was a switchblade which is very suspicious. This person doesn't have the brains to own a gun and should be thrown away for a long time.

There should also be a zero tolerance policy for people who use or distribute illegal narcotics. Obvious you have your own little pet peeves though, which is cute.

No one is saying he should get off scott free, if you review the thread you'll see several of us agreed that there should be an esclataing penalty related to his CCW permit. It is ridiculous to punish this man to a greater degree than many other offenders.

Link I read last said he told the security officer switchblade and the police gun. I'll grant you though, not as forthright as I recalled.
 

justoh

Diamond Member
Jun 11, 2013
3,686
81
91
Comparing joy riding to carrying a firearm. Mega derp.

Missing the point. You were/are wrong. If someone dies during the commission of a crime deemed sort of inherently dangerous, such as robbery, then there's sometimes a murder charge, even if the dead person wasn't killed intentionally, or even directly by the perp. This isn't the same as something like this:

(2) Possession of firearm in school zone.
(a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is in or on the grounds of a school is guilty of a Class I felony. Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is within 1,000 feet of the grounds of a school is subject to a Class B forfeiture.

Looks like the relevant section. Does seem to require him to have known he had it, which he demonstrated by saying, hey i have a gun in my car? Though even if he didn't know and was told, at that point he would know, and then it would be a felony. lol?

Felony murder still needs the culpability for the underlying crime. Here the weapon possession is the crime. Get it? So it looks like there's automatic liability here once he admits to knowing he had it, or once he knows he has it, on school grounds, even if he didn't know he was in a school beforehand, since he probably had reasonable cause to believe that he was on school grounds.
 
Last edited:
Aug 14, 2001
11,061
0
0
There should also be a zero tolerance policy for people who use or distribute illegal narcotics. Obvious you have your own little pet peeves though, which is cute.

No one is saying he should get off scott free, if you review the thread you'll see several of us agreed that there should be an esclataing penalty related to his CCW permit. It is ridiculous to punish this man to a greater degree than many other offenders.

Link I read last said he told the security officer switchblade and the police gun. I'll grant you though, not as forthright as I recalled.

He even lied about his bringing a gun into a school full of children. He is obviously dumb and untrustworthy. A joint cannot kill a child, but a gun obviously can. He should receive a very strict sentence and should also never be allowed to own a gun again.
 

CanOWorms

Lifer
Jul 3, 2001
12,404
2
0
And why is that? The gun owner has hurt far fewer people (namely 0).

Let's just be honest: you all want to make an example out of him to discourage gun ownership. This guy did everything right to correct the situation and was honest and forthright when confronted about the situation.

You seem like some politically correct ninny. Society has bent over backwards for this man just so he can practice his obscure cultural beliefs involving guns. And then he breaks the boundaries and rules society set for him by bringing the gun into a school.

It's time to stop the PC nonsense.
 

ch33zw1z

Lifer
Nov 4, 2004
38,003
18,350
146
There should also be a zero tolerance policy for people who use or distribute illegal narcotics.

Our Federal gov't decided to classify Marijuana (pot) as a narcotic. It's not. And it's no longer illegal to possess in every state.

Times, they are a changin'

I guess I'll comment on this situation.

1. Guy has legal CCW, but possibly not a legal gun...this is a side note in this situation IMO. Let's assume his gun is legal.
2. Guy carries into a school.
3. Guy see security check, suddenly remembers he has his CCW, leaves to put it in his car.

My problem with this is it sounds too convenient. But, he does stick around, albeit to his dismay, and fesses up to what he did.

Let's say he did actually forget. I don't want a CCW licensed individual to be so comfortable with a gun on him that he forgets he has it.

Let's say he didn't forget, and is lying. I don't want an individual who would pull this kind of shit to be CCW licensed.

I don't believe his intentions were malicious. I believe he got caught and should lose his CCW anywhere from 1-5 years. I don't believe jail time is warranted.
 

TerryMathews

Lifer
Oct 9, 1999
11,473
2
0
Missing the point. You were/are wrong. If someone dies during the commission of a crime deemed sort of inherently dangerous, such as robbery, then there's sometimes a murder charge, even if the dead person wasn't killed intentionally, or even directly by the perp. This isn't the same as something like this:

(2) Possession of firearm in school zone.
(a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is in or on the grounds of a school is guilty of a Class I felony. Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is within 1,000 feet of the grounds of a school is subject to a Class B forfeiture.

Looks like the relevant section. Does seem to require him to have known he had it, which he demonstrated by saying, hey i have a gun in my car? Though even if he didn't know and was told, at that point he would know, and then it would be a felony. lol?

Felony murder still needs the culpability for the underlying crime. Here the weapon possession is the crime. Get it? So it looks like there's automatic liability here once he admits to knowing he had it, or once he knows he has it, on school grounds, even if he didn't know he was in a school beforehand, since he probably had reasonable cause to believe that he was on school grounds.

I already linked the relevant statute, in a car is legal in his state.

Bolded should make clear why this charge is inappropriate.
 

TerryMathews

Lifer
Oct 9, 1999
11,473
2
0
He even lied about his bringing a gun into a school full of children. He is obviously dumb and untrustworthy. A joint cannot kill a child, but a gun obviously can. He should receive a very strict sentence and should also never be allowed to own a gun again.







You seem like some politically correct ninny. Society has bent over backwards for this man just so he can practice his obscure cultural beliefs involving guns. And then he breaks the boundaries and rules society set for him by bringing the gun into a school.

It's time to stop the PC nonsense.

If you guys don't like 2A, change the Constitution. Until then, get over it. Basically the same attitude you all apply to abortion, amirite?
 

ch33zw1z

Lifer
Nov 4, 2004
38,003
18,350
146
No, it didn't. Stop being an Obamabot.

Go look it up. MJ is not a narcotic.

Obamabot, thanks for dismissing my post easily and exposing what kind of person you really are.

I did not vote for Obama either time for a number of reasons. Not to mention he supports the zero tolerance that you yourself promote.
 

justoh

Diamond Member
Jun 11, 2013
3,686
81
91
I already linked the relevant statute, in a car is legal in his state.

Bolded should make clear why this charge is inappropriate.

Still, the point of strict liability offenses is that they don't require intent, and you seemed to be saying that they do, which doesn't make sense.

But anyway, on whether it was appropriate or not, he was witnessed trying to take the gun through a scanner and then putting it under his seat, which would mean it wouldn't be "encased or locked in a firearms rack that is on a motor vehicle."

On the bolded part, we all know he had a gun, so how could it be the case that he didn't know? lol. Even if he's christian, he would know. sheeeesh
 

TerryMathews

Lifer
Oct 9, 1999
11,473
2
0
Still, the point of strict liability offenses is that they don't require intent, and you seemed to be saying that they do, which doesn't make sense.

But anyway, on whether it was appropriate or not, he was witnessed trying to take the gun through a scanner and then putting it under his seat, which would mean it wouldn't be "encased or locked in a firearms rack that is on a motor vehicle."

On the bolded part, we all know he had a gun, so how could it be the case that he didn't know? lol. Even if he's christian, he would know. sheeeesh

You should really read my link. Locked in a car is legal in Wisconsin in a school zone. And he didn't go through the scanner.
 

justoh

Diamond Member
Jun 11, 2013
3,686
81
91
You should really read my link. Locked in a car is legal in Wisconsin in a school zone. And he didn't go through the scanner.

Fine, he went towards the scanner in a suspicious way. Not a critical point.

From the article,

According to the criminal complaint against Guyton, the woman told police she observed Guyton, a parent, enter the school, sign into the MPS log book and walk toward the scanner. The safety assistant told police the man then grabbed at his right side waistband area, turn quickly to his right, and run out of the school.
The complaint says the safety officer told police she observed Guyton place an object under the front passenger seat.

Was it under the front passenger seat? Or was it...

a. Encased; or
b. In a locked firearms rack that is on a motor vehicle;

It also needed to be unloaded. Even if it was locked in a firearms rack within his car, and not under the seat, which seems unlikely, there's still the problem of him being witnessed approaching a scanner, fiddling with his waistband area, and then retreating.
 
Last edited:

waggy

No Lifer
Dec 14, 2000
68,145
10
81
The guy is a idiot. he made the situation far worse then it should have been.

Personally i think if you have a CCW you should be able to carry anywhere that is public place (except bars). private homes are off limits.
 

mrjminer

Platinum Member
Dec 2, 2005
2,739
16
76
So you tell me no, the Federal govenment hasn't classified it as a narcotic, then you link me to the DEA site where it's classified as a narcotic....even though chemically it's not a narcotic?

Wow....thanks for the insight. It's a Hallucinogenic, just in case you want the truth.

It's classified as a "controlled substance." I think they reserve "narcotic" in their legal writings/notices for the exact technical definition of relating to opioid derivatives (iirc). Few people, if any, actually use the word narcotic in the exact technical manner since it has basically just become a catchphrase for any illegal drug.

I just searched for it. Wikipedia had the word originations
 

ch33zw1z

Lifer
Nov 4, 2004
38,003
18,350
146
It's classified as a "controlled substance." I think they reserve "narcotic" in their legal writings/notices for the exact technical definition of relating to opioid derivatives (iirc). Few people, if any, actually use the word narcotic in the exact technical manner since it has basically just become a catchphrase for any illegal drug.

I just searched for it. Wikipedia had the word originations

Exactly, and people gobble it up because they want to. Know the truth, the words we use matter. Even my 7 year old understands this.
 
sale-70-410-exam    | Exam-200-125-pdf    | we-sale-70-410-exam    | hot-sale-70-410-exam    | Latest-exam-700-603-Dumps    | Dumps-98-363-exams-date    | Certs-200-125-date    | Dumps-300-075-exams-date    | hot-sale-book-C8010-726-book    | Hot-Sale-200-310-Exam    | Exam-Description-200-310-dumps?    | hot-sale-book-200-125-book    | Latest-Updated-300-209-Exam    | Dumps-210-260-exams-date    | Download-200-125-Exam-PDF    | Exam-Description-300-101-dumps    | Certs-300-101-date    | Hot-Sale-300-075-Exam    | Latest-exam-200-125-Dumps    | Exam-Description-200-125-dumps    | Latest-Updated-300-075-Exam    | hot-sale-book-210-260-book    | Dumps-200-901-exams-date    | Certs-200-901-date    | Latest-exam-1Z0-062-Dumps    | Hot-Sale-1Z0-062-Exam    | Certs-CSSLP-date    | 100%-Pass-70-383-Exams    | Latest-JN0-360-real-exam-questions    | 100%-Pass-4A0-100-Real-Exam-Questions    | Dumps-300-135-exams-date    | Passed-200-105-Tech-Exams    | Latest-Updated-200-310-Exam    | Download-300-070-Exam-PDF    | Hot-Sale-JN0-360-Exam    | 100%-Pass-JN0-360-Exams    | 100%-Pass-JN0-360-Real-Exam-Questions    | Dumps-JN0-360-exams-date    | Exam-Description-1Z0-876-dumps    | Latest-exam-1Z0-876-Dumps    | Dumps-HPE0-Y53-exams-date    | 2017-Latest-HPE0-Y53-Exam    | 100%-Pass-HPE0-Y53-Real-Exam-Questions    | Pass-4A0-100-Exam    | Latest-4A0-100-Questions    | Dumps-98-365-exams-date    | 2017-Latest-98-365-Exam    | 100%-Pass-VCS-254-Exams    | 2017-Latest-VCS-273-Exam    | Dumps-200-355-exams-date    | 2017-Latest-300-320-Exam    | Pass-300-101-Exam    | 100%-Pass-300-115-Exams    |
http://www.portvapes.co.uk/    | http://www.portvapes.co.uk/    |