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  • shootersix

    Master
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    Mar 10, 2009
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    ok so now my questions (I'm not a lawyer, I didn't stay at a holiday in, and I'm not a smart man) but
    carrying a handgun without a license is a class a misdemeanor and the sentence is up 365 days.

    and when the store asked him to leave, and he didn't, that become criminal trespassing right?

    so if that (the trespass charge) carries 1 day in jail, the "mye, rieeet's" guy just lost his gun rights. because question 11c "asks have you been convicted of a crime for which the judge could of sentenced you to more than 1 year in jail, even if you received a shorter sentence including probation?"


    so did "MYE RIEEET'S" guy loose big time?
     

    HoughMade

    Grandmaster
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    0   0   0
    Oct 24, 2012
    35,804
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    Valparaiso
    ok so now my questions (I'm not a lawyer, I didn't stay at a holiday in, and I'm not a smart man) but
    carrying a handgun without a license is a class a misdemeanor and the sentence is up 365 days.

    and when the store asked him to leave, and he didn't, that become criminal trespassing right?

    so if that (the trespass charge) carries 1 day in jail, the "mye, rieeet's" guy just lost his gun rights. because question 11c "asks have you been convicted of a crime for which the judge could of sentenced you to more than 1 year in jail, even if you received a shorter sentence including probation?"


    so did "MYE RIEEET'S" guy loose big time?

    2 misdemeanors do not equal 1 felony. They equal 2 misdemeanors.

    “Proper person” means a person who:…
    …(2) does not have a conviction for a crime for which the person could have been sentenced for more than one (1) year;...

    Ind. Code § 35-47-1-7
     

    Vigilant

    Grandmaster
    Rating - 100%
    21   0   0
    Jul 12, 2008
    11,659
    83
    Plainfield
    ok so now my questions (I'm not a lawyer, I didn't stay at a holiday in, and I'm not a smart man) but
    carrying a handgun without a license is a class a misdemeanor and the sentence is up 365 days.

    and when the store asked him to leave, and he didn't, that become criminal trespassing right?

    so if that (the trespass charge) carries 1 day in jail, the "mye, rieeet's" guy just lost his gun rights. because question 11c "asks have you been convicted of a crime for which the judge could of sentenced you to more than 1 year in jail, even if you received a shorter sentence including probation?"


    so did "MYE RIEEET'S" guy loose big time?
    I'm saying no, because of a separate charge, it says charged with A crime that... Not crimes that add up to. He could serve 3years, one after the other, and still have a gun, technically
     

    shootersix

    Master
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    0   0   0
    Mar 10, 2009
    4,331
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    2 misdemeanors do not equal 1 felony. They equal 2 misdemeanors.



    Ind. Code § 35-47-1-7

    I'm saying no, because of a separate charge, it says charged with A crime that... Not crimes that add up to. He could serve 3years, one after the other, and still have a gun, technically


    because yes, they are 2 misdemeanors, BUT 1 crime, and I know it wouldn't happen, but if the judge said I'm giving you 366 days, for this, but suspending it to 1 day time served, the my rights guy just lost his gun rights!

    like I said, INAL! for things like that I defer to the professionals.....the ones with letters after their name!
     

    Vigilant

    Grandmaster
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    21   0   0
    Jul 12, 2008
    11,659
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    Plainfield
    because yes, they are 2 misdemeanors, BUT 1 crime, and I know it wouldn't happen, but if the judge said I'm giving you 366 days, for this, but suspending it to 1 day time served, the my rights guy just lost his gun rights!

    like I said, INAL! for things like that I defer to the professionals.....the ones with letters after their name!

    Judge can't give him one more day than the max. IANALeither, but...

    It's also not 1 crime, it's two separate charges in one instance.
     

    HoughMade

    Grandmaster
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    0   0   0
    Oct 24, 2012
    35,804
    149
    Valparaiso
    I can't figure out the strike through, but you get my meaning.

    I do, but there's also:

    Smoking a joint, while intoxicated in public, while carrying a handgun without a license, having just stolen a Snickers bar and while in possession of a Kit Kat stolen by your buddy. Then when you get arrested, lying about where you got the Kit Kat.

    6 separate crimes....not implausible, all misdemeanors.
     

    Vigilant

    Grandmaster
    Rating - 100%
    21   0   0
    Jul 12, 2008
    11,659
    83
    Plainfield
    I do, but there's also:

    Smoking a joint, while intoxicated in public, while carrying a handgun without a license, having just stolen a Snickers bar and while in possession of a Kit Kat stolen by your buddy. Then when you get arrested, lying about where you got the Kit Kat.

    6 separate crimes....not implausible, all misdemeanors.
    Touchy! (because AutoCorrect says **** the french).
     

    Fargo

    Grandmaster
    Rating - 100%
    13   0   0
    Mar 11, 2009
    7,575
    63
    In a state of acute Pork-i-docis
    I do, but there's also:

    Smoking a joint, while intoxicated in public, while carrying a handgun without a license, having just stolen a Snickers bar and while in possession of a Kit Kat stolen by your buddy. Then when you get arrested, lying about where you got the Kit Kat.

    6 separate crimes....not implausible, all misdemeanors.

    You are short an element on public intox. However, if you are screaming "my rieeeeeets" loudly enough to bother others, I think you are fine.
     
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