how much trouble am I in?

[roguetek]

While asking for legal advice on the internet may not be the smartest thing in the world, I'm hoping to at least find out what I'm looking at.

I want to become a gunsmith, so I am in the process of getting my FFL and my CCW.

I am a disabled vet being treated for PTSD and ADD. About 1 months ago, I had a medication change.

On Tuesday, I went to the range. like any other day at the range, I put my pistol in my glove box when I was done ( a practice I am planning on discontinuing ). for some reason, I forgot to take my pistol back out.

On Wed, I puttered around with guns most of the day.

On Thursday, I was running late for my VA appt, so I threw on 'yesturday's pants' and ran out the door.

I'm checking into the VA, and I'm getting wieghed. While thinking about my wiehgt, I notice there is something heavy in one of my pockets.

Without thinking about it, or looking, I fish the heavy object out of my pocket and hand it to the nurse.

The heavy object was a fully loaded 10 round .45 magazine.

The police were called, and they asked me if I had a gun in the car. I said "no, I dont think so."

They asked if they could search the car. I agreed, because I figured that if I said no, they would hold me and get a warrent, and besides, there wasnt anything in the car anyhow, right?

turns out when I went to the range ( remember the range? ) I never took the pistol out of the car.

Now at no time did I do anything 'threatening', no did anyone I spoke with seem concerned that I might be dangerous. Stupid maybe, but not dangerous.

The police officer wrote me up for "having a firearm on federal property", and let me go.

He did ask me to check in with the mental health folks, and I said 'sure, let's go.'
The mental health folks were very interested in the medication changes, and asked me to take a drug test to verify what I was taking. I said 'sure'.

The tests will show that I was following my doctors orders, and that I was not taking anything -other- than what I was instructed to take.

The doctor -immediately, put me back on my old meds ( I can live with the side effects, there not that bad. )

The cops were very nice, and said that they were goingt o note in the report that I was 'friendly, compliant, and harmless.'

So what am I looking at here?

 

[Ratzinger_p38]

So what am I looking at here?

Uh paranoia perhaps? I cant see where this would affect your RKBA.

 

[Outlaws]

They asked if they could search the car. I agreed, because I figured that if I said no, they would hold me and get a warrent, and besides, there wasnt anything in the car anyhow, right?

Then let them get a warrant. Even if you have nothing to hide, its a good practice to get the government into so they don't think that they are in complete control of the situation.

 

[Frog48]

Then let them get a warrant. Even if you have nothing to hide, its a good practice to get the government into so they don't think that they are in complete control of the situation.

Agreed, make them do their job.

 

[roguetek]

um -federal- firearms charge? that -cant- be good.

and as far as warrant, it's a little tool ate to worry about that now, isnt it?

What's done is done, I'm more concerned about where to go from here.

 

[HUMONGO]

Never, ever consent to a search. If they don't have probable cause to do a no consent search, then they have no reason to look in your vehicle.

He had no reason to believe you were lying to him, so he had no reason to search your vehicle. I also believe it's illegal to hold you for a warrant. If he has the probable cause to need a warrant, he has no need for your consent anyway.

I'm pretty sure that they also aren't allowed to keep you for an extended period during a traffic stop to allow for the arrival of a K-9.

/Studied Constitutional law, but not a lawyer, so YMMV

 

[Frog48]

No, its not too late to worry. Learn from past mistakes, dont make them again in the future.

You never specified if the charge is a misdemeanor or felony. Unless its a felony, it wont affect anything.

You said they ticketed you, and let you go. Sounds to me like its a misdemeanor. If it had been a felony, you'd likely be sitting in jail right now.

 

[Aguila Blanca]

Check with a GOOD lawyer.

I'm a Vietnam veteran and I use the nearby VA hospital. It happens to be located between my home and the range where I shoot, so it is convenient to proceed from home to an appointment, and then directly to the range.

Except ... for that little prohibition against firearms on Federal property. So I called up the police office at the hospital, told them it would be convenient to be able to go directly from the hospital to the range but I didn't want to cause or get into any trouble, and I asked if I was prohibited from having a gun in the car, in the parking lot, while I went to my appointments. They told me to just be sure I didn't bring the gun inside the buildings.

I may now seek to have that confirmed in writing. Either that, or I park on the street off the site.

 

[roguetek]

See that's the problem, I -dont know-.

while I have to appear in federal court, I'm not sure what the penalties are.

and as far as the search went, I didnt figure it would be a big deal, because as far as -I- knew, there was nothing to find.

also, not a traffic stop.

 

[roguetek]

Augilia, if you can get that confirmed, -in writing- I would have your babies for a copy...

 

[tmajors]

Sounds like a misdemeanor to me so nothing to be really worried about. Depending on your State your probably looking at a $200 to $500 if found guilty.

Personally I would go to court on it and explain exactly what happened. There wasn't intent to carry a firearm on federal property. With a sympathetic judge/jury (that's the hard part) and without intent you will probably get off completely or get off with even a lesser charge. Worse case your looking at the original charge and the moderate fine.

That's my non-legally binding opinion.

 

[kcmarine]

Lawyer.

NOW.

 

[Ratzinger_p38]

um -federal- firearms charge? that -cant- be good.

Your wording left me confused as to whether you were charged with anything or not.

 

[roguetek]

state law is not at issue here, federal law is, from what I understand.

As far as lawyers go, I have 37.52 to my name, and the only thing I own of value, the cops took ( my sidearm)

besides, cant do anything till monday anyhow.

ok, the 'offence discription ' is;

"possession of firearms carried either openly or concealed, whether loaded or unloaded."

which may be a no brainer right there, seeing as it wasnt carried it was in the car.

Still I was hoping for something a little more solid.

anyhow, back to the salt mills talk to yall later.

 

[Aguila Blanca]

Augilia, if you can get that confirmed, -in writing- I would have your babies for a copy...

If I can get it confirmed, I will be happy to post it.

As to the rest of your offer, we might need to run that past my wife ... but thanks for the thought (I think. Be ye male or female?)

 

[kcmarine]

Yeah...

That sounded a bit weird.

If you're female, whatever.
Ir you're a male having a baby, then a written statement is the last thing you should be worrying about. You should be thinking about what the hell just happened and who you're going to have publish the book on your medical miracle.

 

[jeep-2]

I don't think they are going to press the issue if they wrote you a ticket and let you go, if you was taken before a judge and had to post a bond, then you may have a problem.

 

[HUMONGO]

and as far as the search went, I didnt figure it would be a big deal, because as far as -I- knew, there was nothing to find.

also, not a traffic stop.

Exactly why you should never consent to a search. I don't think I have anything they would take exception to in my vehicle, but I don't want to find out either.

I'm well aware that it wasn't a traffic stop, just making a point

 

[pacodelahoya]

Bohica

 

[roguetek]

Last time I looked I was still male, but I'd -grow- a uterous to get out of this.

See, I would -really- like to be a gunsmith, I've gotten clearance from the town, the codes enforcement officer and my site meets BATF standards for a gun store.

Waiting on my FFL. Everything is in place.

and now this....

I'll be honest. I'm scared. I'm mostly scared because I dont know what the consequences of the 'crime' are.

which is what I was hoping someone could tell me.

 

[gc70]

"possession of firearms carried either openly or concealed, whether loaded or unloaded."

Did the ticket include a citation of a statute or regulation (i.e. 14 USC 7.654 or 6 CFR 2.34a)?

 

[roguetek]

Sadly no. I dont have any specific violation number.

 

[Outlaws]

Sadly no. I dont have any specific violation number.

Go down to the police station and ask for a copy of the paperwork. There will be a few more pages of stuff than what you probably got with the ticket. They will probably mail it to you, but ask to at least get the info of what exactly you were cited for.

 

[dralarms]

Also if you have a carry permit it would help. Since the way I (IMHO) understand the law on prohibited places, it was in your truck, locked in the glove box. It's just like when I go to the schools to work, I take mine off and lock it in a lock box, perfectly legal. Your truck is your on "protected" property and I would fight this tooth and nail since all they can really charge you with is having ammunition on fed property. I may be wrong, I'm not a lawyer and don't play one on TV, but to me federal property is federal property, if it's in your truck locked up (no one is allowed to even touch it while on fed property) it's supposed to be fine.

 

[jeep-2]

Like i said before, they certianly didn't get too excited or you would have been charged with a felony and made to post a bond.