Green Bay DL in Serious Trouble...

[Valpo2004]

Well...   with 190k in cash,  the man might have just sold many, many, many more pounds of weed.....

 

Just thinking out loud,  but that strikes me as a reason for having that much cash on him.

 

By the way,  agree on Asset Forfeiture.    One of the most abused laws ever passed.

 

Maybe but unless you they can prove it, I don't think they have the right to take his money away.  

 

Seems to me though that his only crime that they can prove is possession of 12 oz of weed.  If he gun belongs to him, is registered to him and was unloaded in a box, I don't see where the firearms charge comes from.

[Coffeedrinker]

With the addition of the money and weed can or would they charge him with a felony for the hand gun? Sometimes with those conditions some prosecutor will go for the felony conviction with the combination of all three.

I really don't know, you're getting into areas of the law and prosecutors that I am completely ignorant about.  from a negotiating standpoint I can see where they would throw that in there if they bring other charges, but I would assume any half way descent lawyer would get that thrown out immediately.  

 

But I am looking at this from the view point of a staunch 2nd Amendment supporter, the gun was not used to commit or facilitate a crime so there should be no problem with his possession of it.

[crazycolt1]

I really don't know, you're getting into areas of the law and prosecutors that I am completely ignorant about.  from a negotiating standpoint I can see where they would throw that in there if they bring other charges, but I would assume any half way descent lawyer would get that thrown out immediately.  

 

But I am looking at this from the view point of a staunch 2nd Amendment supporter, the gun was not used to commit or facilitate a crime so there should be no problem with his possession of it.

I am not too sure either. It might be different charges from state to state. Just look at the difference between New York and Arizona?

[Dark_Indy]

Doesn't the permit only allow him to carry in the state in which it was obtained?

 

Google "reciprocity"

 

 

It depends, I'm not familiar with Florida laws, but I know I have a Kansas licence and I can carry in Missouri as well and Texas.  

 

But it doesn't matter because he was not "carrying" it.  It was unloaded in a box, which as long as it's a registered gun then he can take it with him where ever he goes in the United States.  So the only way it could be illegal is if he had it on his person (body or clothing he's wearing) and if Florida does not have a reciprocity agreement with Minn.

 

Florida reciprocates with basically everyone, I think there are about 10-15 states that Florida does not recognize. Minnesota and Wisconsin are two of them. Short of Arizona, Florida has some of the most lax gun laws in the United States. 

 

However, your second paragraph is about as wrong as it gets when it comes to firearms laws.

 

In Florida, (and the Federal Government) there is no firearms registry. There is only registration in states like California, Illinois and New York. None of my firearms are "registered"; and they never will be. In Florida, the law on carrying a firearm in your car without a concealed carry license says two things, 1) It cannot be on your person, and 2) it must be securely encased, (holster, zipper pouch, snapped lid etc. 

 

And, no- you cannot just take a legal to own firearm from say, Florida and take it anywhere you want to go. You must abide by the local laws, not the laws where the firearm was purchased. In New York State, AR-15's in standard configuration are illegal. I can't take my AR-15 there or I risk a felony charge.

 

However, it looks to me like the firearm was "securely encased" because it was (and is in the photo) in a gun case. 

Having a gun (not illegal)

Storing gun legally in car (not illegal)

Carrying $200,000 in cash (not illegal)

Carrying 400 grams of marajuana (illegal)

 

Cool stuff.

[Dark_Indy]

That don't work. You don't have to give permission for the cops to search but they can keep you till a dog can be brought in. Then can continue to hold you till the search warrant is obtained.

 

They can hold you until a dog is brought in, as long as it happens in a reasonable amount of time (Florida law)

They cannot hold you until a search warrant is obtained, but they are allowed to search your vehicle without one if the dog "hits" on the car. (Florida law)

 

With the addition of the money and weed can or would they charge him with a felony for the hand gun? Sometimes with those conditions some prosecutor will go for the felony conviction with the combination of all three.

 

What felony charge? Owning a handgun is not a felony, nor is keeping it in his car in the State of Florida. 

 

Is the felony charge for 400g of marajuana not enough?

[Dark_Indy]

A quick question:  If the gun was indeed registered to him and unloaded in a box, is that a crime?  I don't know the ins and outs of guns laws but I thought a conceal permit was not needed if the gun was being transported unloaded and not accessible.  

 

I think it's funny how they are using the metric system to make 357 grams sound like a lot more weed than 12.6 ounces.  

In Florida, it can be loaded and accessible- just not on your person without a permit. 

 

I keep my Glock 22 in my glovebox, condition 3, magazine in- no round in chamber. It's completely legal for me to do so in Florida.

[Coffeedrinker]

Google "reciprocity"

 

 

 

Florida reciprocates with basically everyone, I think there are about 10-15 states that Florida does not recognize. Minnesota and Wisconsin are two of them. Short of Arizona, Florida has some of the most lax gun laws in the United States. 

 

However, your second paragraph is about as wrong as it gets when it comes to firearms laws.

 

In Florida, (and the Federal Government) there is no firearms registry. There is only registration in states like California, Illinois and New York. None of my firearms are "registered"; and they never will be. In Florida, the law on carrying a firearm in your car without a concealed carry license says two things, 1) It cannot be on your person, and 2) it must be securely encased, (holster, zipper pouch, snapped lid etc. 

 

And, no- you cannot just take a legal to own firearm from say, Florida and take it anywhere you want to go. You must abide by the local laws, not the laws where the firearm was purchased. In New York State, AR-15's in standard configuration are illegal. I can't take my AR-15 there or I risk a felony charge.

 

However, it looks to me like the firearm was "securely encased" because it was (and is in the photo) in a gun case. 

Having a gun (not illegal)

Storing gun legally in car (not illegal)

Carrying $200,000 in cash (not illegal)

Carrying 400 grams of marajuana (illegal)

 

Cool stuff.

You are wrong in several ways.  I can take my legally owned gun anywhere in the country I want, try looking up the Firearms Owners Protection Act.  I may not be able to do anything with it once I get there and if I planning on moving there or staying there for an extended period of time (which is typical legal ease so each state can determine their own "extended period").  As long as it's stored in a not easily accessible location in a locked, hard sided case and the ammo stored separately.  Which is exactly what this guy did.

[Dark_Indy]

You are wrong in several ways.  I can take my legally owned gun anywhere in the country I want, try looking up the Firearms Owners Protection Act.  I may not be able to do anything with it once I get there and if I planning on moving there or staying there for an extended period of time (which is typical legal ease so each state can determine their own "extended period").  As long as it's stored in a not easily accessible location in a locked, hard sided case and the ammo stored separately.  Which is exactly what this guy did.

 

You are correct in the laws on transportation, but you are misinterpreting the law. The FOPA protects you while you are "passing through" not going somewhere as your destination. Travelling through New York State is fine, but making NY your destination is not, because the transport of a handgun is illegal in New York without the proper licenses. 

 

So, while you may transport your handgun through New York, you will open yourself up to legal harassment by NY if you decide to stay there or it is your final destination, and the FOPA will not protect your 2nd Amendment rights to keep and bear arms. Same if you keep a firearm in your possession for more than 24 hours in NYC. 

 

Either way, this discussion is neither here nor there- as I wasn't talking only about the transportation of firearms across state lines- I was also talking about staying there too, like a vacation.

 

For example, in the past (as the laws recently changed), if I were to visit Indiana and bring a few firearms with me to shoot while I'm on vacation- I couldn't bring my short barreled shotgun with me, because Indiana (until recently) had outlawed short barreled shotguns.

[Coffeedrinker]

You are correct in the laws on transportation, but you are misinterpreting the law. The FOPA protects you while you are "passing through" not going somewhere as your destination. Travelling through New York State is fine, but making NY your destination is not, because the transport of a handgun is illegal in New York without the proper licenses. 

 

So, while you may transport your handgun through New York, you will open yourself up to legal harassment by NY if you decide to stay there or it is your final destination, and the FOPA will not protect your 2nd Amendment rights to keep and bear arms. Same if you keep a firearm in your possession for more than 24 hours in NYC. 

 

Either way, this discussion is neither here nor there- as I wasn't talking only about the transportation of firearms across state lines- I was also talking about staying there too, like a vacation.

 

For example, in the past (as the laws recently changed), if I were to visit Indiana and bring a few firearms with me to shoot while I'm on vacation- I couldn't bring my short barreled shotgun with me, because Indiana (until recently) had outlawed short barreled shotguns.

Good points.