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  • Improperly storing a firearm- oral interview question

    I decided I wanted to shoot some clays on county land. I called Marathon County (for you Wisconsin folks) and obtained permission. We parked in the middle of the forest and were shooting some shot clays. As I rotated between shotguns, I would set the one I wasn’t using on the bed of my truck. A warden pulled into the forest, up to my truck and cited me for improperly securing a firearm. Because the firearm was technically in or on the vehicle uncased, the firearm is illegally stored. It makes perfect sense- I should have done my homework before going out there. My question is this: during my interviews w/ pd’s I always bring it up. Even if they don’t ask, I am sure they are well aware of it. If I were to move to legally expunge it, and am successful, should I still bring it up in my oral interviews? On that note, is the process to expunge even worth it?

  • #2
    OK, let's back up just a little. Sounds like a citation for a violation, which isn't going to be a "killer". You mention it in your PHS or similar document. If it comes up in Oral's, you take responsibility for it. A brief word on "Expungements". There is NO such thing as an expungement in a police background investigation. Background Investigators routinely access records which have been expunged or sealed. Stated another way. An expungement would do you no good. You don't need an expungement. The process to expunge would NOT be worth it. Good luck in your applications.

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    • #3
      1st of all I wouldn't bother expunging it, as it would make no difference. Sounds like you received some sort of municipal infraction or a natural resource citation. 2nd of all, be careful disclosing information that they don't ask about, especially regarding oral interviews. Unless they ask a question that would relate to this citation you received, I wouldn't bring it up out of the blue. There is no doubt a location on the background packet for you to put it down on.

      Comment


      • #4
        Originally posted by PhilipCal View Post
        OK, let's back up just a little. Sounds like a citation for a violation, which isn't going to be a "killer". You mention it in your PHS or similar document. If it comes up in Oral's, you take responsibility for it. A brief word on "Expungements". There is NO such thing as an expungement in a police background investigation. Background Investigators routinely access records which have been expunged or sealed. Stated another way. An expungement would do you no good. You don't need an expungement. The process to expunge would NOT be worth it. Good luck in your applications.
        I'm not sure where you work, but here an expungement is exactly that, an expungement. We have juvenile records that are expunged all the time, and they're completely wiped from our system. In fact, one of those guys who'd had a resisting with a vehicle and possession of Marijuana at 17 had his record expunged and was recently hired as a LEO in a neighboring city.

        Talk about frustrating!
        Originally posted by K40
        To me, open carry is the equivalent of the couple making out and groping each other at the food court in the mall. Yeah, they are probably legal, as long as they don't start getting undressed. But they are still social retards.
        ‎"You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him." - Rooster Cogburn

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        • #5
          Originally posted by PtlCop View Post
          I'm not sure where you work, but here an expungement is exactly that, an expungement. We have juvenile records that are expunged all the time, and they're completely wiped from our system. In fact, one of those guys who'd had a resisting with a vehicle and possession of Marijuana at 17 had his record expunged and was recently hired as a LEO in a neighboring city.

          Talk about frustrating!
          Fortunately not the case here. An Expungement here, would probably work for a non LE job, but that's about it. In your area, frustrating? Wow!! You bet.

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          • #6
            if its expunged, did it still happen?


            does a woodchuck chuck wood?

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            • #7
              Don't waste your time and money with an expungement as it will make no difference; they will still be able to see it. Be honest, this is a minor violation. I would just note it in a background packet and not at the oral board unless specifically requested to do so.

              Comment


              • #8
                Originally posted by 92FS View Post
                As I rotated between shotguns, I would set the one I wasn’t using on the bed of my truck. A warden pulled into the forest, up to my truck and cited me for improperly securing a firearm. Because the firearm was technically in or on the vehicle uncased, the firearm is illegally stored. It makes perfect sense- I should have done my homework before going out there.
                I could not disagree more. There is nothing logical whatsoever about that law, or the citation leading to it. If firearms in or around vehicles have to he cased, I would never stop writing ticket. Ever. From 10-8 to 10-7. This is the land of gun racks as actual tools, not a cool accessory for your truck.

                Originally posted by 92FS View Post
                My question is this: during my interviews w/ pd’s I always bring it up. Even if they don’t ask, I am sure they are well aware of it. If I were to move to legally expunge it, and am successful, should I still bring it up in my oral interviews? On that note, is the process to expunge even worth it?
                Don't waste your time trying to expunge it. {ONLY IF ASKED} Own your mistake, and tell the board what you learned from it.
                The academy teaches you skills, the street gives you experience, but it all comes down to your instinct.

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                • #9
                  Lemme get this straight... if you would have laid the gun on the ground next to you or leaned it up against a tree you'd have been legal but putting on your tailgate was illegal???

                  What kind of lame a** idiotic law is that?

                  Comment


                  • #10
                    Originally posted by PtlCop View Post
                    I'm not sure where you work, but here an expungement is exactly that, an expungement. We have juvenile records that are expunged all the time, and they're completely wiped from our system. In fact, one of those guys who'd had a resisting with a vehicle and possession of Marijuana at 17 had his record expunged and was recently hired as a LEO in a neighboring city.

                    Talk about frustrating!
                    Juvi records are handled a bit differently than adult records.............................
                    It usually takes a court order to examine a juvenile expunged record......but it is still sitting around in a file somewhere...so it can be found.


                    Once again if you run a Complete Criminal History on NCIC ALL adult arrests will be found even if they got "expunged" ---well at least 99.99999% of them .


                    OP

                    I agree your "violation" is not very important in the scheme of things--------------most LEO's and agencies would think it was a throw away charge.
                    Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                    My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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                    • #11
                      List it on your background, don't bring it up unless they do.

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                      • #12
                        Yep. I had a few revolvers on a table next to the vehicle. He picked them up (made a comment that he likes revolvers) and laid them back down. The long guns on the tailgate went with him to his truck so he could run them and "register them" in this system. $350.00 to the great state of Wisconsin. Good times.

                        Comment


                        • #13
                          Originally posted by 92FS View Post
                          Yep. I had a few revolvers on a table next to the vehicle. He picked them up (made a comment that he likes revolvers) and laid them back down. The long guns on the tailgate went with him to his truck so he could run them and "register them" in this system. $350.00 to the great state of Wisconsin. Good times.
                          Its a classic example of a well-intentioned law being pushed too far. The law was intended to prevent people from hunting out of their vehicles while on the roadway or using their cars as deer stands. It really came to a head when these large deer parties would pull up in a couple of pick-up trucks, everyone piled into the bed carrying their loaded guns and drove off to the next drive. There were a couple of negligent discharges as a result which caused the DNR to get more strict on the violation. Unfortunately, they've taken enforcement to the extreme.
                          Originally posted by kontemplerande
                          Without Germany, you would not have won World War 2.

                          Comment


                          • #14
                            Originally posted by SRT936 View Post
                            ... The law was intended to prevent people from hunting out of their vehicles while on the roadway...
                            OK, I can solve that one:

                            Arkansas Game and Fish Commission Code
                            Code:
                            18.04 HUNTING FROM ROAD PROHIBITED. It shall be unlawful to shoot
                            across, or to hunt within 100 feet from the center of any city, county, state, or federal maintained road. 
                            It shall also be unlawful to hunt from or shoot across the main west levee of the Mississippi/ Arkansas 
                            Rivers from the Louisiana-Arkansas state line to the intersection of State Highway 11 north of 
                            Grady, Lincoln County, Arkansas. 
                            
                            In addition to other evidence introduced in a prima facie case of road hunting, there shall be a rebuttable presumption 
                            that a person is “hunting” if the person points, aims, shoots, or attempts to shoot a firearm or other killing device in a 
                            direction in which game or other wildlife is present or likely to be present (including shooting at a game or wildlife decoy).
                            
                            EXCEPTIONS:
                            (1) Persons engaged in a lawful action to protect their livestock or property.
                            (2) Law enforcement officials while performing their official job duties.
                            (3) Commission employees taking wildlife in performance of their duties.
                            (4) Persons utilizing foothold and Conibear (body-gripping) traps and the use of firearms to dispatch live animals caught in legally set traps.
                            (5) In compliance with Commission Code 15.42.
                            
                            PENALTY: $500.00 to $1,000.00.
                            Originally posted by SRT936 View Post
                            ... or using their cars as deer stands...
                            Yeah, I'm totally guilty of this one. Sometimes in life, you just have to drive into the middle of the field and hunt from the cab. It's warm. And comfortable.


                            Originally posted by SRT936 View Post
                            Unfortunately, they've taken enforcement to the extreme.
                            No kidding? If the point of the law is to discourage certain behaviors, why are you punishing those who are not exhibiting said behaviors? This smacks of a revenue generation ticket.
                            The academy teaches you skills, the street gives you experience, but it all comes down to your instinct.

                            Comment


                            • #15
                              Originally posted by Iowa #1603 View Post
                              Juvi records are handled a bit differently than adult records.............................
                              It usually takes a court order to examine a juvenile expunged record......but it is still sitting around in a file somewhere...so it can be found.


                              Once again if you run a Complete Criminal History on NCIC ALL adult arrests will be found even if they got "expunged" ---well at least 99.99999% of them .


                              OP

                              I agree your "violation" is not very important in the scheme of things--------------most LEO's and agencies would think it was a throw away charge.
                              No, no, no...or at least it shouldn't. Non-public records may be kept at the local level after an expungement, but any information transmitted to any other agency about the arrest and/or conviction shall be notified to destroy any documents pertaining to the arrest/conviction within 6 months of this court order.

                              I JUST read an expungement order today. Maybe other states word their orders differently, but as for my state, EVERYTHING except non-public information at the arresting department, must be destroyed.

                              When I worked in the identification unit, we routinely ran criminal histories and you could find people who had expungements only because they would have their previous FBI number in our local system, but that FBI number would return invalid results...The FBI would assign a NEW number for the current arrest.
                              Last edited by TJx2; 03-25-2011, 10:32 PM.

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