Innocent until proven guilty is certainly understandable and I agree with those who use it as their basis for an answer to this thread, but the reality is that if he is proven innocent, he is not going back to just baking cupcakes--he is going back to carrying a weapon. I am 68 years old and have NEVER been arrested for anything and certainly not for assault. I have never been in a position or a location where I have had to "defend" myself against an attacker who punched me with, I assume, no provocation. Being proved not guilty is different than being innocent. No one but this thread-writer really knows the truth, but the bottom line is that he managed to put himself in a situation that somehow ended up in an assault situation; quite frankly I stand by an opinion that this is not someone who should be in a position to be carrying a gun--his next "non-guilty assault situation" could be your last.
United States, assault may refer only to the threat of violence caused by an immediate show of force.[1][2]United States, battery is the crime that represents the unlawful physical contact, though this distinction does not exist in all jurisdictions. Exceptions exist to cover unsolicited physical contact which amount to normal social behavior known as de minimis harm.
Only you know the full story of what happened but if you choose to carry a firearm you should be the bigger person and WALK AWAY. Goes back to stick and stones may break my bones but words will never hurt me.
THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!
I'm no attorney. But IMO, being innocent has nothing to do with SC law.
SC laws states a person that has been charged with a crime that would result in CWP revocation IF "Convicted", shall relinquish his/her CWP. Then; IF they are found innocent the CWP will be returned.
...been charged with an offense that, upon conviction, would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated at no charge.I think you can still carry in your car and other places it is "Legal" to do so "without" a permit.
My advice to the OP is really watch where he goes AND who he hangs with so that the chance of an altercation can be minimalized. I also want to wish him good luck.
I'm not a bad person like some of you think I'm. I have witnesses that saw what happen.
Various states are different. In many states, if you haven't been convicted of a misdeanor in the last 5 years (or three in some states), you are qualified to carry concealed (Virginia). Some other states will not issue a permit to a person convicted at any time in the past (North Carolina).
My own personal opinion, if charges are pending you should be allowed to retain your permit until convicted unless you used your weapon to comitt the alleged offense.
Guess you're just going to have to wait it out. Since your court date is only a few weeks away, I think you can make it.
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You posted and people began judging you; some people love to judge others without sufficient facts--it's human nature.
You left out details, which you should have done. You'd probably have been better off to wait until this is resolved before saying a word---especially on the internet.
I hope none of this was your fault and you come through this with your rights and life intact. Unfortunately, whatever the outcome, you're likely at a life-changing place, your attitudes and assumptions will be forever altered.
People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome.--River Tam
That's just on the history channel.
In reality, in America you are guilty until your defense counsel can prove you are innocent.
And believe it or don't, justice in America has absolutely nothing to do with guilt or innocence. Your outcome depends entirely on which lawyer can tell the most convincing story to a jury.
I believe everyone should be allowed to carry a weapon if they choose. Some people remark "But this ain't the old west!" If you study your history and do the homework, you would find that in the "old west" where everyone carried a gun, the murder rate per capita was much much less than it is today with all the gun laws we have. I also feel that if a man has served his time, paid his restitution, and has made a new start that even felons should be able to carry a weapon. It is remarkable that the system expects these people to integrate into society, be productive, and lead a real life when they are treated as second class citizens for the rest of their life.
For instance, if you have been convicted of a drug offense, you are disqualified for a Pell Grant for college. My point is that these are exactly the people society should want going to college so they can make themselves a productive life. Someone like our friend here might be convicted and loose him right to carry, prohibiting him from defending himself. Who is society to say that his life is any less important than Mr. squeaky cleans?
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I read this post when you first posted it on the forums it seems you have edited it. The full above post went on to say how the child attacked you and ripped your shirt and you held her down. You then went on to say how the child is telling people you jumped on her and started beating her and how you would not do that because you helped raise her most of her life. Can i ask why you edited the above post and took out that information?
THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!