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  • Fargo

    Grandmaster
    Rating - 100%
    13   0   0
    Mar 11, 2009
    7,575
    63
    In a state of acute Pork-i-docis
    Is that level misdemeanor punishable by a year in prison? (IIRC that's the threshold for the question on the 4473.)
    It is in a misdemeanor, which is not a disqualifier on a 4473. However, IIRC having had a conviction for carrying a handgun without a license makes you not a proper person under Indiana law for a term of years and so you generally cannot be issued a LTCH during that time.
     

    Trigger Time

    Air guitar master
    Site Supporter
    Rating - 98.6%
    204   3   0
    Aug 26, 2011
    40,112
    113
    SOUTH of Zombie city
    We do have discretion, but it has limits. As you indicated in the second part, the circumstances and actions of the person matter. If you're causing a disturbance of some sort, our discretion is much more limited. If someone called you in vs we just found you (ie, this guy vs a traffic stop), it's more limited.

    Granny with a .38 in her purse and a license that expired last week discovered on a traffic stop for an out headlight vs a guy making a scene and refusing to stop making a scene in a public place? Different levels of what we can do.

    Ok cool thanks to you, VUPD, and Frank for clearing it up.
    For sure this guy deserved what he got. I believe people should be allowed to do ALMOST anything they want even if it could kill them, UNTIL they harm or mess with other people who don't want to be messed with.
    I'm even for open carry and even carry of a rifle but I don't think it's a good idea because you are asking for interaction with other people and probably police. I believe even if everything on and about you is legal that police interaction when called on you is not a good thing. Obviously this guy was breaking the law by not having an LTCH (which I believe is unconstitutional) but it's the current law and he wanted to combine that with being an asshat. No sympathy for asshats
     

    CPT Nervous

    Grandmaster
    Rating - 100%
    17   0   0
    Mar 7, 2012
    6,378
    63
    The Southern Bend
    Marion county so the judge will probably let him go the next day and appologize to him for any inconvenience and let him know he's getting out in a day because no one was shot. If you shoot people you have to spend a week in jail in Mario county then you can be let go to reoffend and may be kill police the next time.
    The judge will probably also encourage him to file a lawsuit so he can collect a couple hundred thousand dollars for his time.


    That's as bad as St. Joseph County! There is no bond for OWI. They just release you when your BAC reaches a safe level. I arrested a woman in South Bend on felony possession of narcotics, felony possession of cocaine, felony intent to distribute, felony resisting LE, misdemeanor resisting LE, and misdemeanor shoplifting. SJC charged her with the possession of cocaine, dropped all the other charges, held her for 48 hours, released her without bond. Also, I saw that she was released from SJC jail the day before I arrested her.

    Thank God I work in Elkhart County. I can see why so many SJC officers turn a blind eye to a lot of things.
     

    jbombelli

    ITG Certified
    Rating - 100%
    10   0   0
    May 17, 2008
    13,012
    113
    Brownsburg, IN
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