I lost my SC CWP due too charges

rayven · #21 11-01-2009, 07:29 AM

Quote:

Originally Posted by S&WM&P40

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?

I don't know the answer to this, but a reasonable answer to the editing might be because charges are pending, and it is almost never a good idea to post details of an alleged crime in a public area. It's like when you have an encounter with a cop: the answer is always "I have nothing to say to you officer", because anything you say can and very likely will come back and bite you later.

rayven · #22 11-01-2009, 07:32 AM

Quote:

Originally Posted by kelcarry

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.

I have never been arrested either, and have only been in a "fight" situation way back in grade school days. Yes, I understand that he would be going back to carrying a weapon, but so what? His rights do not simply vanish because someone accused him of something. To me, revoking the CCW is punishment before conviction. From what I understand, no weapons were used in the alleged assault, so unless they have probable cause that the OP would likely be violent in the future, his rights should not be violated.

kelcarry · #23 11-01-2009, 09:09 AM

Hey foots402: Assuming you are telling me the truth I do not consider you a "bad guy". My only point is that your persona, in getting into any situation or location where you have this sort of confrontation, is, in my opinion, not the kind of demeanor that should be CC. Certainly many others are more lenient in their view but I look at having a CCWP as being a very awesome responsibility that cannot accept any assault/confrontational-type matters of record---it says something about some of your choices and, finding it hard to believe someone just comes up to you and hits you, your personality---this does not make you a bad person but calls into question your ability to control the things that could lead to unfortunate circumstances.

vn6869 · #24 11-01-2009, 11:25 AM

IMHO just go through the process. When you are proven not guilty you will get it back. In the mean time bide your time and keep your nose clean.

Guthumba · #25 11-03-2009, 11:10 PM

Foots:

When you were charged was it only for the "misdemeanor assault and battery" or were they any other factors that elevated the charges into something like "assault and battery of a high and aggregvated nature"?

I'm wondering if a simple misdemeanor charge could have been upgraded because you were in possession of a firearm at the time of the alleged crime.

The reason I ask is that I'm not sure a misdemeanor charge would qualify you as a person prohibited from possessing or carrying a firearm. However, if the charges were upgraded then that might come into play...

Be sure to let us know what happens...maybe after everything is resolved you can be more free in sharing the details of the incident in question.

NCjones · #26 11-05-2009, 08:17 PM

Quote:

Originally Posted by Guthumba

Foots:

The reason I ask is that I'm not sure a misdemeanor charge would qualify you as a person prohibited from possessing or carrying a firearm. However, if the charges were upgraded then that might come into play...

I have found it depends on the state. In North Carolina, a misdemeanor assault charge is a disqualifier. In Florida and VA, a misdemeanor only within the last 5 years is a disqualifier.

.

GeneralSumter · #27 11-09-2009, 01:53 PM

At least they didn't take your gun! It's all about perspective. Innocent until proven guilty only applies to your guilt, not your CWP right.

If you're sure about your innocence, then just sit tight until 11/19 when your case will be decided.

StogieC · #28 11-18-2009, 10:59 PM

I can see the CCW being suspended while charges of a violent crime are pending as reasonable. However, revocation without due process (conviction) would be something to fight.

foots402 · #29 11-19-2009, 07:17 PM

I was found not guilty today for the charges that was filed against me. I call SLED today after court they said they will be putting my CWP in the mail to return to me. For the people thought that I was a bad person I was the one assualted by a 16yr old girl. She lied on me.