How will my mistakes effect my Rights


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otherside2501
September 25, 2011, 04:04 AM
I'm getting off of probation for a misdemeanor traffic violation in a few days, and I'd like to get back in to target shooting.

The question I have is, (in Colorado) do I still have/will I get back my Second Amendment Rights? If so, will I have to go through a waiting period or have to perform some sort of petition.

The last thing that I want to do is fail a NICS and get in trouble again, my wife wouldn't need a gun to kill me!

If I choose to peruse a CCW or Title II down the road, would that even be a option (I know I'm getting ahead of myself with those two, but I may as well ask in one post and save space).

Thanks a lot for any and all help!

Scott

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Shadow 7D
September 25, 2011, 04:46 AM
This is something you need to ask your lawyer
this is a legal question and without knowing the specifics of your case
the specifics of the laws....

you had a lawyer for this case, ask them.

ChileRelleno
September 25, 2011, 04:57 AM
Misdemeanor Traffic violations are generally not 2A disqualifiers.
Not unless it was a State Criminal Misdemeanor violation, e.g. DUI, and punishable by more than two years imprisonment.
Or if such is punishable in any court by more than one year imprisonment.
The federally prohibiting criteria are as follows:

A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.

Persons who are fugitives of justice—for example, the subject of an active felony or misdemeanor warrant.

An unlawful user and/or an addict of any controlled substance; for example,
a person convicted for the use or possession of a controlled substance within the past year;
or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year;
or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.

A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.

A person who, being an alien, is illegally or unlawfully in the United States.

A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.

A person dishonorably discharged from the United States Armed Forces.

A person who has renounced his/her United States citizenship.

The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner.
This does not include ex parte orders.

A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.

Bubba613
September 25, 2011, 05:25 AM
When we reach the point that a traffic misdemeanor disqualifies people from owning guns then we are in a tyranny.

The Lone Haranguer
September 25, 2011, 09:46 AM
A true misdemeanor won't affect your gun rights at all. Only if it was something serious like reckless driving or DUI causing injury or death that could have been punished as a felony, or something similar, would disqualify you. First time simple DUI is still a misdemeanor most everywhere.

I can understand reluctance to reveal details, but more would be nice.

AlexanderA
September 25, 2011, 12:15 PM
A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.

I don't understand this. It seems that the 2-year item mentioned in the second part of the sentence is merely a subset (a redundancy) of the 1-year item in the first part of the sentence. In other words, you could stop at "term exceeding one year" and the meaning would be the same as the way the sentence is worded in full. Unless "state offense classified as a misdemeanor" is somehow different from "crime." It's my understanding that "crime" includes both felonies and misdemeanors.

otherside2501
September 25, 2011, 12:47 PM
It was a DWAI that I know is classified as a misdemeanor, I was in the parking lot of the club giving some one a jump start when the police did a nightly roll through check.

Even with out being behind the wheel I was still charged because I had the keys on my person and "was in close enough proximity to show intent" even though I had a cab waiting for me to finish not fifteen feet away.

Bubba613
September 25, 2011, 02:14 PM
Remind me to avoid Colorado.
I've never heard such a B.S. story in my life. You would think to violate a DUI law you would actually have to be, you know, driving, or close to it. When I'm sitting at home having a drink I often have my car keys in my pocket. I guess I'm guilty.

Owen Sparks
September 25, 2011, 02:46 PM
And you made the mistake of telling the police that you had a car there?
Mine is in the shop.

otherside2501
September 25, 2011, 02:48 PM
When I was in for sentencing, the fellow who was in front of Her Honer before I, was charged with a DUI because he slept in the back of his car in a clubs parking lot (the owner of the club was even there to say that he had his permission), again another roll through arrest.

From what I understand, Colorado has some of the most subjective DUI laws in the nation, but it is fully understandable considering the amount of drinking happens here.

otherside2501
September 25, 2011, 02:50 PM
Permission meaning he was not trespassing, sorry about that.

jscott
September 25, 2011, 03:10 PM
OP,

Based on the information that you have provided there is no cause for alarm as far as your rights to purhase, possess, and employ firearms are concerned. Absent extenuating circumstances, and there do not appear to be any, midemeanor alcohol violations involving a motor vehicle are not grounds for the denial of firearms rights.

Upon completing paperwork to purchase a firearm at an FFL dealer, do not be surprised if you are "delayed." That most often simply indicates a record of some sort. A few days will likely pass and they will determine that the record is not a disqualifier, and you will receive a "proceed" for the sale. A delay, though inconvenient, is not a cause for alarm. I am delayed all the time and I have 10+ years of experience as a full time police officer. However, if you are "denied" you would need to appeal. That seems unlikely though given the nature of the record. But even if it does happen, do not be concerned about any criminal repercussions for being "denied." That is not a violation in and of itself.

As far as the CCW, I am unsure about CO's laws. It may or may not be a disqualifier. If it is, it probably isn't permanent. Either passage of time or a court petition, i.e. to seal the record or expunge the conviction, would likely allow the CCW at some time in the future.

In short, unless there is something that you are not telling us, you still have your 2nd Amendment rights. To obtain/exercise the rights afforded by a CCW, you may have to wait.

Owen Sparks
September 25, 2011, 03:43 PM
As far out as the Colorado DUI laws are, many states have weapon laws that are just as far fetched. There was a thread on the 'Non-firearms' forum about people being convicted for having tools that "could" be used as a weapon under their seat. The police don't even need "intent" just potential to charge you with carrying a concealed weapon.

zoom6zoom
September 25, 2011, 03:52 PM
and if you should be unfortunate enough to have something like this happen again, get a better lawyer. A record that you had called a cab should have proved your intent NOT to operate your own vehicle.

otherside2501
September 25, 2011, 04:18 PM
Thank you very much Josh! Hearing this from a peace officer really puts my mind to rest.

I most certainly did not enjoy the process I had to go through, but I won't argue with it.

I know Colorado has a long history of alcohol problems (especially in ski resort areas like where I live) and many aggressive laws have been passed to help protect the citizens, I just never knew how vauge some can be.

At the end of the day I screwed up by posing what the officers interpreted as a potential threat to public safety, and I'll accept the punishment because this land always gives more than it takes.

tyeo098
September 25, 2011, 08:42 PM
Youre lucky, they got me on 2 (albeit bogus) Felony arrests. How they convinced the judge was beyond me.

We knocked them to down to midemeaor, albeit a 1st degree misdemeanor (max 365 days, not exceeding one year) but I still keep all my rights, so it seems. I plan to apply for my CCW here in Virginia when I get off probation in April. (Get off the 14th, birthday is the 24th) to see how it affected my record (and to get the permit, if I can)

RatDrall
September 26, 2011, 08:45 AM
From what I understand, Colorado has some of the most subjective DUI laws in the nation, but it is fully understandable considering the amount of drinking happens here.

It is not understandable in any way.

This is ignorant beuarocrats voting in ignorant laws that don't screw enough people to ever be noticed and changed by the voting masses.

snevel
September 27, 2011, 02:29 AM
Remind me to avoid Colorado.
I've never heard such a B.S. story in my life. You would think to violate a DUI law you would actually have to be, you know, driving, or close to it. When I'm sitting at home having a drink I often have my car keys in my pocket. I guess I'm guilty.
Ha...

I've read stories where people were arrested AND convicted for drinking a beer sitting in a car up on blocks with no engine.

Simeon

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