Anyone ever jailed after a shooting?

C

Cohiba

Well-Known Fanatic
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Feb 26, 2013
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I am curious...
Seeing as how so many guys here follow the news and probably read the NRA magazines and gunmags and such, talk to guys in gunshops and at shows, ect ect ect.
I am looking for some information.
Can someone provide me with a link, news story, clip, ect of anyone in a shall issue state who after using thier firearm to defend thier life or the life of another was ever convicted of illegal carry. Either with a permit and in a place that barred firearms or someone without a permit who was carrying.
Not interested in felons involved in gang shootouts.
If the story begins with "Ray-Ray and T-Bonz were sitting at the corner of MLK drive..."
What I am interested in is Average Joe Citizen, who carry's his pistol someplace he's not "allowed" or carrys without "permission" but has to use it and after is convicted of that crime.
 
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I've seen people that committed crimes on top of illegal CCW have the DA say "Not worth the effort" and ignore them when viewed in total with everything else that occurred.
 
No.
I am interstested in any case in which the shooting was legal in defense of person, but the person did not have a permit and was convicted of that charge in and of itself.
 
John Canuck said:
It's not exactly what you are looking for, but this guy is facing jail for defending himself.

http://m.washingtontimes.com/news/2013/ ... -gun-burg/
Click to expand...


under NY pistol laws one cannot own, possess, shoot, hold, handle,touch,etc, a handgun unless one holds a NY pistol permit and said pistol must be on your personal permit.

for example......wife holds NY pistol permit........husband does not........he cannot touch her handguns

another example..... both have permits..........pistol "A" is on her permit but not on his....thus he cannot touch it
 
I own the blog GunsinSelfDefense.com. The times that I have read where someone was arrested for a legal defensive shooting was do to other issues the shooter had. Like:
1) No permit
2) Had controlled substance on them, in house, in car....
3) Illegal possession of the gun
4) Had a warrant out
and
5) Was held initially and then released after they figured out what was going on.
 
biganimal said:
John Canuck said:
It's not exactly what you are looking for, but this guy is facing jail for defending himself.

http://m.washingtontimes.com/news/2013/ ... -gun-burg/
Click to expand...


under NY pistol laws one cannot own, possess, shoot, hold, handle,touch,etc, a handgun unless one holds a NY pistol permit and said pistol must be on your personal permit.

for example......wife holds NY pistol permit........husband does not........he cannot touch her handguns

another example..... both have permits..........pistol "A" is on her permit but not on his....thus he cannot touch it
Click to expand...

Yes, I'm aware of all that. I don't live there for a reason.
 
I have yet to locate ANY single instance in which a person defended themselves with a legally owned but illegally carried pistol (ie NO PERMIT in a shall issue state) in which the defender was convicted of the crime of carrying without a permit.
in fact i found a few cases in which the person who didnt have a permit not only used the pistol but carried it into a place pistols are not allowed and was NOT charge. One involved a man in a Bank in Plantation Florida who shot a bank robber in the back of the head duing a robbery and was not charged with anything whatsoever.
And again I post this...
Show me one case in which a person who lives in a shall issue stae, who does not have a CWP but carries anyway, who uses the pistol to defend himself and gets convicted of the carry violation.
 
I've never heard of a case where what you describe has resulted in a charge of any kind either. Let's suppose it has never, ever happened anywhere. I think I know where you are going, but I'll bite anyway. Now what?
 
If a solid self defense shooting is judged on its on merit...
(ie a good shoot doesnt become a bad shoot because a the shooter lacks a permit, and a bad shoot doesnt become a good shoot because the shooter has a permit.)

And there is no precedent for a person being convicted of a permit violation after a good shoot...

Whats the reason to have the permit?
 
I see no reason to require a permit to exercise a right. I'm good with constitutional carry.

The reason other people feel that a permit is required is because the law tells them it's required. Lets get that fixed.
 
I am also a constitutional carry supporter.

That said, carrying without a permission slip in South Carolina is an offense with the following punishment:

(2) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

(B) In addition to the penalty provided in this section, the handgun involved in the violation of this article must be confiscated. The handgun must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated handgun may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell handguns in this State for a handgun or any other equipment approved by the agency, or destroy it. A weapon must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the handgun, the division may keep the handgun for use by its forensic laboratory. Records must be kept of all confiscated handguns received by the law enforcement agencies under the provisions of this article.
Click to expand...

If you travel within a school zone without a CCW then the feds can pile on charges as well.

A LEO does not need a warrant or probable cause to search your person or the grabbable area (i.e. most) of your vehicle. The officer can do a Terry frisk based on reasonable suspicion alone. If you're carrying routinely without a permit then you roll the dice with regard to the misdemeanor above. I'm sure that people do this every day, and only a few get caught, but it is certainly a risk.

A good shoot is probably a good shoot... but if you introduce illegal carrying of a gun, then that is a fact that could likely be told to the jury if things go that far and which might influence their decision. Some folks have gone to jail, sure: google "gang member shooting self defense claim." Were they squeaky clean defendants? No, but an unlawfully carried gun doesn't help the picture painted for the jury. Some get off, and some do not. That is a remoter possibility than the misdemeanor carry charges, though.
 
funny thing is this. I dont carry a pistol on my body in a vehicle.
Its stupid.
Its difficult to draw, not comfortable and a lot easier to drive away from problems
Secondly...anyone who has a pistol on school grounds is in violation of a felony, regardless of a permit issued by the state.
I bank online or at a window and I dont drink, so i dont frequent bars.
Your permit is useless in restraunts that serve alcohol.
So really... what places do you carry? I mean in an average day what places do you go to that your legal BECAUSE of a permit?
And know what else. I have a $1000 and the number of a great attorney. And when and IF the situation comes up that I have just used my weapon and the on scene officers want to arrest me I will place my hands behind my back and take the ride.
As far as losing a gun...are you not putting the cart before the horse...specificly the rundown rotten cart ahead of the pure blood Arabian Stallion of a horse?
I dont pull my chit unless I need my chit...and if I need my chit I NEED IT. So i could care freaking less about the pistol. I AM ALIVE. It did its job and whatever I paid for it is nothing compared to the fact that I am alive.
Bunch of you guys just really miss the actual point of having a pistol.
Look. I dont talk about this much. In 1993 I was living in South Florida, near Sunrise in a town called Plantation. The lady I was living with got assaulted just outside the door of our apartment after walking her step mother to her car after we had dinner. I was seated on the couch when I heard the commotion. I had a 45 in the pantry and it was the quickest gun to get to so i grabbed it racked the slide and opened up the front door AND WENT OUTSIDE (without a permit) to find her knocked out with a 6'+ dude standing over her wrestling with her watch strap. Never said a word...Just raised the pistol and let it do the talking.
And you know what. NADA! The cops siezed the pistol for evidence and I had it back in my pantry before dinner the NEXT DAY.
They never asked for a permit, didnt care. She was being assaulted by a guy that weighed twice her weight, she was knocked out cold with a single punch to the jaw and was being robbed. They would have bought me dinner.
Now maybe some people walk around looking to pull a weapon, they have some fantasy they want to live out in which they can be the hero and save the day. It aint true. Its fking insane how scary it is. Its not a movie and I can assure you I have no desire to relive it.
So I am not very eager to draw my weapon unless theres no other choice.
Want my wallet? take it.
My car...its insured.
want to clean out the register at the waffle house? thats not my problem. its thiers.
So i am not going to pull unless someones life is on the line, and then...i dont care if I go to jail even. I AM ALIVE.
I'd rather be ALIVE and $1000 poorer AND serving time than to be fking dead in a box.
 
First you can have your weapon on school grounds now. In the glove box or in another latched compartment .....but the rest is very true!
 
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