Ma. Miscarrage of justice
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Thread: Ma. Miscarrage of justice

  1. #1

    Ma. Miscarrage of justice

    Last edited by mshean; 11-25-2010 at 10:07 AM. Reason: mis-spellings

  3. I am so glad I live in Florida.

    Good luck to you. Hope it all turns out well for you.

  4. #3
    I am very sorry to hear of your misfortune sir. First off you should definately contact a capable lawyer. Maybe the NRA or GOA can give you some advice. Hopefully it was just a mistake on the officers part in citing you and will be thrown out of court.

  5. You need to lawyer up - big time.

    The cop who wrote you up for an unsecure gun apparently doesn't know whose side he is supposed to be on. Let's hope your district attorney is happy enough to get an easy conviction on a junkie burglar, and doesn't try to run his conviction record up further, by pursuing an unfounded and potentially damaging charge against you.

    Good luck to you - and to all of us.

  6. #5
    I become more and more disillusined with our "justice system". I hope and pray on your behalf that this gets thrown out and the officer receives additional training.

  7. #6

    Ma. Miscarriage of Justice-


  8. #7
    Join Date
    Aug 2008
    Cleveland, OH
    I don't want to sound like I'm chewing you out! Can't think how to word it in a gentler manner.
    1) You shouldn't be talking details on a public forum! Your lawyer would have told you that. If you discuss any details here that they don't already have, they now have access and could use it against you. YES, the good departments do check.
    2) Police, these days, cite and let the courts/DA decide the matter. They, often aren't given a choice by superiors or lack of case law training. Many laws are written ambiguously so as to allow lee way through the entire judicial system process.

    Several gun organizations, including the NRA have a lawyer referral. Once you have a lawyer, he should check the judge out and plan his strategy for the judges attitude towards guns.

    Good Luck.

  9. #8
    Get a lawyer and as stated previously, don't post about the case until it is over.

    If I was representing you my first conversation with the authorities would be about Heller - which can easily be extended to hold that the state can't impose restrictions on the possession of a weapon in one's home that would render the weapon useless for home protection. Is this the case the state wants to present to the court to address that issue of the "secure container" regulation?

    I would think not. This is a case where the authorities, even if they think the "secure container" regulation is valid, would not want to test the issue. From their perspective, they should be thinking "bad facts lead to bad law, so let's drop this one, it is too risky."

  10. #9
    10, 11, 12

  11. #10
    Join Date
    Aug 2009
    MA, Away from the liberal loonies...
    In MA the gun laws were created and put in place to infringe on the rights of law abiding legal gun owners and create an environment in which the gun owner could easily be found at fault for any number of silly infractions and then be deemed incompetent and or unfit to own a firearm. If the gun owner is forced to surrender the license they possesses, that effectively removes their right to own or posses a firearm. It's control, regulation, and restriction. Brought to us by the liberal left...

    Thanks to the liberal left and the constant interpretation of our "Rights" and the documents that protect them, we have become victimized by the will of others and no longer live with any sense of freedom. Their agenda is to disarm us all by any means necessary...

    Posting any information or details regarding the case publicly could come back to haunt you.

    Your home was a locked and secure container... Really...

    We expect some level of privacy and security in our homes do we not? The term container as ambiguous as it is, does apply to the entire home if the home is locked and secured. There is no expectation of public access without consent.

    Good luck... Sorry that had to happen to you.
    You can give peace a chance alright..

    I'll seek cover in case it goes badly..

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