Pleading to a lessor charge

[Rob Boudrie]

Here are the details if you are interested. NYC

The original charge was a Class Misdemeanor with a max sentence of 1 year. The Disorderly Conduct charge which has a max sentence of 15 days and/or $500 fine and is not a "crime".

Based on the cost to this point and because the plea bargin isn't going to impact me in any way with respect to my shooting, gun ownership, potential future employability etc. I will likely not fight it.

It will effect you if you ever live in a "may issue" state such as Massachusetts or any other jurisdiction where "we don't feel like it" is a valid reason to deny a firearm license.

[Brazos SC Shooter]

Here are the details if you are interested. NYC

The original charge was a Class Misdemeanor with a max sentence of 1 year. The Disorderly Conduct charge which has a max sentence of 15 days and/or $500 fine and is not a "crime".

Based on the cost to this point and because the plea bargin isn't going to impact me in any way with respect to my shooting, gun ownership, potential future employability etc. I will likely not fight it.

It will effect you if you ever live in a "may issue" state such as Massachusetts or any other jurisdiction where "we don't feel like it" is a valid reason to deny a firearm license.

If I were to move to one of those states during the next 365 days from Thursday then that is likely. After that nothing will show on my record because there is no crime and the arrest will be gone after that.

[Genghis]

One last little thing....I hope that what ever offense you were found "guilty" of in New York has a max sentence of less than a year on the books. Regardless of what the other state categorizes the crime as, the state of Texas considers any crime with a punishment of one year or greater as a felony...even if the other state calls it a misdemeanor. This means that if you ever move back to texas and want a carry permit, you could be denied.

Under federal law you would also be prohibited from ever possessing guns, ammo, or components. This is a lifelong ban.

[sslav]

NYC has an almost total ban on handgun possession

This explains the low crime rate in NYC.

Yeah......

That absolute gun control thing is working out just great for them...... I mean, the criminals are so frustrated with not being able to find street guns they are all just packing up and leaving town.

In fact the crime is down in NYC. And compared to early 80's it is drastically down. I recall a nearly everpresent sense of danger back then on the streets and in the subway at night - and in some neighborhoods during the daytime as well. That is not the case anymore. Certainly there are places where I would hesitate to stop at a red light at night (nevermind actually walking there at any time). But those are exceptions rather than the rule.

None of it of course had to to with gun control. Gun violence was never an overriding concern as a resident. I was far more afraid of getting stabbed, beaten, slashed with a razor or pushed under a subway train than I was of getting shot. Threat of gun violence was something abstract - the others were far more real. But improved economic situation and to the lesser extent tougher police presence has made NYC far safer than it used to be. As to whether it is safe or not is a question of what you compare it to - these things are always relative. I would rather be walking the streets of NYC at night unarmed than ride in an up-armored Hummer in body armor and with an M4 in Falluja.

[Miranda]

I do not think this will be a problem...

did any one in NY give you a reciept with the serial # of the Pistol?

If so copy it a few times and make sure your home state law enforcement knows the gun

was snatched by the Good Guys in NY.

If you had to register it for possesion in the first place.

( I'd call it stolen, but that is a personal opinion)

In terms of sneaky things to do, the pistol is the evidence of your crime.

I am told NY cuts up pistols very quickly.

the State's Atty may have been 'oops' and has no evidence...

Ask if you can see your Pistol again to make sure they got the serial# correct.

miranda

[RPMartin]

Sounds like one more reason to stay out of NY........

RPM

[Rob Boudrie]

If I were to move to one of those states during the next 365 days from Thursday then that is likely. After that nothing will show on my record because there is no crime and the arrest will be gone after that.

Some states require that all arrests be disclosed, including those that are supposedly removed from your record. (But then, I live in an unusual state where the courts have held that exercising your right to remain silent is a valid reason for revoking the permit needed to even possess a handgun). There are also various federal databases such as the III that states report arrests and convictions to, and it's not always possible to have any reference purged from those.

I urge you to obtain court certified documentation of the disposition of the case while it is "fresh" and your attorney is able to get this easily. An incomplete record showing up in a computer somewhere could send you on a scavenger hunt while muttering "this was supposed to be removed", and proof that the offense was legally "non criminal" could prove very convenient. It will be much more difficult getting a "court certified copy" of this record in another decade or two if a situation occurs where you need it.

I would also suggest you read the article by the New York County Lawyer's Association regarding the inability to seal the court records of non criminal cases such as disorderly conduct:

http://www.nycla.org/siteFiles/Publication...ations246_0.pdf

[Lee Bell]

Perhaps I have a slightly different take on the issues.

In most instances, a felony conviction, or any conviction of a gun related nature, will cause a request for a concealed weapon permit to be declined. A non specific misdimeanor, won't.

If you're guilty and you know it, as it seems you are and do, take the deal.

This is a bit of a wake up call to many of us. Check the laws in every jurisdiction you will visit, particularly those that you will spend one or more nights in, read up on the federal law regarding transportation of firearms, and do your best to ensure you comply.

Consider routing around, and certainly not spending any money, in any jurisdiction that does not honor your concealed carry permit or imposes unreasonable resrictions on your right to keep, bear, and transport arms.

Lee

[Rob Boudrie]

In most instances, a felony conviction, or any conviction of a gun related nature, will cause a request for a concealed weapon permit to be declined. A non specific misdimeanor, won't.

This is true in "Shall Issue" states. If you ever apply for a permit in states where there is "discretionary issue", any interaction with the criminal justice system - including arrests that do not even result in charges, or a 'not guilty' finding can be cause to denial. Some states can even deny you the license they require to own a handgun (not even carry) bases on subjective criteria such as "deemed by the licensing officer to be not a person suitable to be so licensed."

If Texas HK feels he was guilty (not attending match or on a continuous and uninterrupted journey) the deal is pretty decent. If he honestly feels he attempted to comply with FOPA86 and did not simply have his gun in NY for a few days without a 265.20(13) exemption, the deal is a screw job.