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Misdemeanor question!!!

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  • Misdemeanor question!!!

    Michigan law states all firearms must be unloaded, encased and as unaccessible as possible when transporting them in a motor vehicle(including ATV's).

    A friend and I both recieved misdemeanor tickets from a Conservation Officer regarding this law while hunting on his property last November. My friend was obviously in violation of this law, he had his rifle slung over his shoulder while riding his four wheeler out of the woods after the hunt.

    I however, had my rifle in its proper secured case mounted to my ATV. The problem came when I told the CO that I had my handgun in a small gear bag unloaded and secured to the back of my machine.I think she nearly turned inside trying to grab the bag and get it off my machine so she could check it. She said the hand gun had to be carried in a commercially manufactured case designed for firearms, and wrote me the $120.00 misdemeanor ticket for having an improperly cased weapon on a motor vehicle.What gives with this scenario??? I have seen store bought weapon cases that were no different than the gear bag I was in possesion of.She did not take the weapon from me, just wrote us our tickets and left in a hurry. I didnt even have to go to court over the incident.

    Is this misdemeanor going to hurt my chances of getting into the police academy? I know if it shows up on my criminal record it will keep me from aquiring a ccw permit in the State Of Michigan.
    Thanks for reading this post and any info. would be appreciated.
    Fordfreak

  • #2
    im pretty sure it wont

    when u fill out the aplacation it will ask about any crimes you have committed but it also says each case will be concidered individually, and im pretty sure what you did wasnt realy that bad.
    (talking about a pair of .50 cal handguns)
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    True Crime Streets of LA

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    • #3
      police

      i guess if you have a section on your application that ask's if you were summoned into court, i suppose you may have to disclose it.
      if ya were not fingerprinted you were not arrested.
      also if you were on private property, usually they check for certain permits for hunting etc,but thats about all i would bother with.
      " if you talk in your sleep, don't mention my name....
      " if you walk in your sleep, forget where you came....

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      • #4
        Why don't you go to court and show the case to the judge and explain that is similar to other cases provided with guns?
        I intend to go in harm's way. -John Paul Jones

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        • #5
          Originally posted by Valor55
          Why don't you go to court and show the case to the judge and explain that is similar to other cases provided with guns?
          Valor, I believe he mentioned he had the gun in a gear bag, in my opinion, sounds like a duffle bag, which is very different from a lockable case, with padding on both sides so the gun can not slide around.

          Ford Freak, It isn't that you had the weapon illegally, just the method of carrying it was not approved. That's why she did not take the weapon from you and issued you a ticket. I doubt that this will stop you from getting a CCW, since you have to take a CCW class, which covers the proper methods of carry!
          A true soldier fights not because he hates what is in front of him, but because he loves what is behind him.

          -GK Chesterton

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          • #6
            Re: police

            Originally posted by ftlaudcop
            if ya were not fingerprinted you were not arrested.
            WRONG! In Michigan, if you are stopped and issued a ticket for a misdemeanor violation you are technically under arrest. The officer has the option of releasing you at the scene or taking you to jail.

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            • #7
              Re: Misdemeanor question!!!

              Originally posted by Fordfreak
              I have seen store bought weapon cases that were no different than the gear bag I was in possesion of.
              That's what I meant, why didn't you take it to the judge and back up that claim?
              I intend to go in harm's way. -John Paul Jones

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              • #8
                A friend and I both recieved misdemeanor tickets from a Conservation Officer regarding this law while hunting on his property last November.
                I'd fight the ticket if you were on private property......

                Comment


                • #9
                  I agree that this sounds like one you should take to court and tell your side to the judge. At the very least, you could settle for a lesser charge.

                  I notice in your post that you "didn't even have to go to court over the incident". Are you saying there is no court date for this? That would be odd.
                  Caution and worry never accomplished anything.

                  Comment


                  • #10
                    police

                    the part i don't get, is your on private property with the land owner,generally the way you transport a weapon is only on public highways, or area's the public we, such as a parking lot, etc.
                    other than checking for proper hunting permits, the land owner should have told him to take a hike.
                    " if you talk in your sleep, don't mention my name....
                    " if you walk in your sleep, forget where you came....

                    Comment


                    • #11
                      Thanks for the replies so far, its really frustrating not having a foot to stand on in this situation.

                      I live 12 hours from the property we were hunting when we got the tickets. I live in SE Michigan, and this incident occured in the western part of the upper penninsula of my state.

                      I think they like writing people from out of area tickets knowing they wont be able to drive the long distances to contest them in court.All I had to do was call the court for the ticket cost then send them the money order, no appearance or anything.

                      It doesnt state in the rule book that the gun case has to be lockable,or have padding, only that the weapon has to be encased and unacessable to vehicle occupants.

                      I really wasn't that worried about the whole thing at first. Only after reading the requirments for a ccw permit did I get upset.Improper transportation of a firearm was one of the disqaulifying misdemeanors listed on the ccw application.

                      Will this misdemeanor even show up on a BI and if so will a department not hire an applicant due to this violation.Id hate to think the 55 college credits I've aquired trying to become a police officer are in vain!!!
                      Fordfreak

                      Comment


                      • #12
                        In Ohio as well, if you are issued a summons you were under arrest. It is just summons in lieu of arrest...Anywho I dont think you should have a problem with it. As the others said it case in different.
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                        • #13
                          police

                          i guess if you were issued a summons, you were arrested, but it be hard to prove you were arrested unless they take yr fingerprints in the court room when yr found guilty.

                          you will no doubt have to give up that info about that case
                          as the internet has made it easy for a b.i. to do his job and hit data base's.

                          if ya want a police job come down to fla, it's a growing state,

                          those northern state seem like they hire 1 officer a year , don't wanna pay ya good money, and then want ya to be superman with 3 degree's.

                          99% chance of run in n.c.i.c. that incident will not show up
                          on a criminal history check
                          " if you talk in your sleep, don't mention my name....
                          " if you walk in your sleep, forget where you came....

                          Comment


                          • #14
                            Re: police

                            Originally posted by ftlaudcop
                            if ya were not fingerprinted you were not arrested.
                            if i issue somebody an NTA, its still a misdemeanor arrest that requires a mandatory court appearance.
                            "The American public will find it refreshing to see a Republican candidate, who's not a moralistic, sexually repressed, crusading hypocrite, who cruises airport men's rooms late at night."
                            William Shatner

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                            • #15
                              Misdemeanor question.

                              Have to begin by saying "I wasn't there",but yah,I've got some reservations on your deal.I'm not conversant with Michigan Law regarding carrying,and the private property issue concerns me as well.You didn't mention whether or not you signed an "Appearance,plea and waiver when you sent the fine into the court.If you did,then the citation may have the effect of a conviction for a misdemeanor.If the situation is as you explained,and I have no reason to doubt you,I don't think it will be an issue on a BI.Just be certain to mention it. Good luck!!

                              Comment

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