Personal story, losing your 2A rights

[Random 8]

Minor offenses & parking or other traffic tickets are misdemeanors, and don't show up on a background check. Even if they did, I have never seen a statutory code where someone is prohibited from any license for anything less then a felony, which is the only thing a typical criminal background check looks for.

The whole thing sounds odd to me. Did the "Sheriff" get bored and just start an administrative fishing trip to see what he could dig up on random people? Sounds like a violation of his Oath of Office.

It was not the offense of the bad check per se. The amount was under $50. It was the fact that the offense was not registered as "resolved," causing Jasper Co Indiana to enter it into whatever database NICS uses as "fugitive from justice." So yes, failure to pay a parking ticket or other minor offense or an administrative error can absolutely cause you to become a "prohibited person." Our County Sheriff is absolutely pro 2A. He has been on public record numerous times and openly and vocally supported 2A sanctuary status in our county. Our state requires random audits by county of CCW permits, this is where the issue came up. Our Sheriff, not a deputy, personally took on the task of helping us contact the correct people in Indiana and personally called down there to make sure it was done.

 

[Frank Ettin]

....The “misdemeanor crime of domestic violence” being a statutory provision, is not something I consider to be a crime per se, but yes, in the perversion of the statutory process, where you are begging your government for permission to do something you have a free and inherent right to do anyway, does tie you in contract to their statutory regulations where they can decide what is acceptable and not. I simply just don’t operate in their jurisdiction.....

Just so that everyone is clear, that is complete hogwash.

1. No one cares what you consider to be a crime. Your opinion on the question is irrelevant. What matters is whether a prosecutor thinks it's a crime and a judge agrees.
   
   
2. Your statement, "...begging your government for permission to do something ... does tie you in contract to their statutory regulations..." is nonsense. There's no contract involved.
   
   If a statute requires one to have a license or some other form of governmental authorization in order to legally do something, one is subject to that requirement whether or not he applies for the license or authorization; and he can be subject to any penalties for proceeding without the license or authorization (unless a court has determined that the law is invalid or inapplicable).
   
   
3. Whether you want to be or not, you do, "...operate in their jurisdiction...." As the United States Supreme Court ruled almost 150 years ago with regard to jurisdiction (Pennoyer v. Neff, 95 U.S. 714, 24 L.Ed. 565 (U. S. Supreme Court,1877), at 722):
   

   ... The several States of the Union are not, it is true, in every respect independent, many of the right and powers which originally belonged to them being now vested in the government created by the Constitution. But, except as restrained and limited by that instrument, they possess and exercise the authority of independent States, and the principles of public law to which we have referred are applicable to them. One of these principles is, that every State possesses exclusive jurisdiction and sovereignty over persons and property within its territory. ...

You are free to believe whatever hokum you wish. I've posted my comments for the benefits of others.

If you disagree, feel free to take this up with me privately. But do not clutter the public forums here with a response.

 

[jmorris]

I have never seen a statutory code where someone is prohibited from any license for anything less then a felony,

A or B Misdemeanors can do it in TX. Lots of other stuff too. http://www.stateoftexaschl.com/chl-faqs/texaschl-eligibility/

No Begging required, you are either eligible or not.

Eligibility requirements for a Texas Concealed Handgun License are:

• No Felony Convictions Ever
• No Class A or B Misdemeanors five years before applying with the State of Texas
• Eligible to purchase handguns
• 21 years of age or older unless active duty military
• 18 and older for active duty military
• For other detailed requirements see below

 

[Lever30]

Hope you and your wife are able to get this cleared up

 

[Random 8]

Hope you and your wife are able to get this cleared up

Yes, it was cleared up quickly a couple of weeks ago. Black mark expunged with an official letter of confirmation and a written apology from Jasper County.

 

[Lever30]

Awesome

 

[Spats McGee]

Yes, it was cleared up quickly a couple of weeks ago. Black mark expunged with an official letter of confirmation and a written apology from Jasper County.

That's excellent.

And now that the problem is resolved, I'm going to close this one.