Class B Misdemeanor for being an honest law abiding citizen.

ryan58854

ryan58854

New member
I need some help. I was lent a ruger speed six for my protection from an old roommate. And the next day I was pulled over for a speeding ticket, when the officer asked if I had a gun in the car I was honest and told him where and what kind. Then he asked if it was loaded I said yes. Because the guy that lent it to me had it loaded.

So for being an honest law abiding citizen he gave me a Class B Misdemeanor for heaving a loaded firearm in my car. However it was in a case and under some shopping bags.

What can I do? I have a court date and no money for a lawyer. Shouldn't my second amendment right cover a loaded gun in a case?

If you have any info that would help me please let me know. Or if you would like to help that would be great too. This happened to day in Ward County North Dakota.
 
If you don't have a concealed permit you can't have it loaded in a vehicle. By law. You need to make sure you're much more careful with firearms in your possession. Provided you don't lose your gun rights in court.
 
I have never heard of any court that accepted ignorance of a gun law as a defense.. Always make a point of learning your local gun laws and the laws of any place you are going to travel. Get the info from the state itself, never trust the internet.

Good luck.
 
ryan58854 said:
So for being an honest law abiding citizen he gave me a Class B Misdemeanor for heaving a loaded firearm in my car. However it was in a case and under some shopping bags.
Click to expand...

Honest? Maybe.
Law-abiding? Apparently not.
Forum troll? PROBABLY. But I'll answer anyway.

Log off. You have already been given the answer to this. "You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you." Go meet with your public defender, and hope he can work out a decent plea bargain for you.

And from now on...know your firearms laws.
 
In all my years of driving I've gone through maybe a dozen road blocks and been pulled over twice. Once for over the limit and once for rolling through a stop sign. I've never had a cop ask me if I had a gun in my car.

Not really much you can do here. Good luck!
 
According to the State of N Dakota it's against the law. See below.

Link Removed

N Dakota Law.

Loaded Firearms.

No person may keep or carry a loaded firearm in or on any motor vehicle. Exceptions include:

1. Persons possessing a valid North Dakota concealed weapons license, except while that person is in the field engaged in trapping and hunting activities.

2. Any person in the field engaged in lawful hunting or trapping of nongame species or furbearing animals.

3. A security guard or private investigator licensed to carry firearms by the attorney general.

4. Any person possessing a valid special permit.

5. A law enforcement officer, except while the officer is engaged in hunting and trapping activities with a rifle or shotgun.

6. A member of the military while possessing an issued firearm and while on official duty.
 
doh!

How well do you know how to drive? Ok, that's how well you should know your states gun laws. I'm sorry, but I don't feel sorry for you but whish you well. Hey, probably after your case is settled you can keep a slingshot in your car of course I would check the laws on that first. I really don't mean to be harsh, but dude! I feel for the folk that took their guns to New Yorkistan and was arrested, but it was their own dang fault! If your going to expect the prevliage of carrying or transporting a firearm, know your laws! Don't give these anti-gunners the more firepower and make the rest of us look bad. Hard way to learn a lesson.
 
guilty without a lawyer...might be able to work some 5th amendment self incrimination magic with one. A good lawyer is probably money well spent, or you might see how a public defender sees it.

How did the cop even know to ask you about a gun?
 
A cop doesnt need to know anything to ask about a gun. Some just do. I haven't been pulled over in YEARS *knock on wood* but I remember a few times where I was asked if I had any weapons in the vehicle. No reason to ask me other than just because the cop wanted to know.
 
domoMKIV said:
A cop doesnt need to know anything to ask about a gun. Some just do. I haven't been pulled over in YEARS *knock on wood* but I remember a few times where I was asked if I had any weapons in the vehicle. No reason to ask me other than just because the cop wanted to know.
Click to expand...


Cops ask for an officer safety stand point, most people that have firearms are in fact, law abiding citizens. It could be a curiosity stand point for some cops but most its just a safety point of view. With that, you should always assume the persobln you are interacting with is armed with something(gun, knife, etc) but sometimes you do get felons behind bars simply for asking. To the OP, you def should have know the local laws for your locale and you may have been honest but as someone already stated, you werent law abiding. I suggest talking with an attorney. Good luck.

Sent from my ADR6400L using Tapatalk
 
Big goof with serious consequences. You must have known what you were doing was illegal, I not I feel no pity for you. It's best to know all the laws and know them well before taking on that responsibility.
 
When I worked as a Patrolman asking about firearms in vehicles was a pretty common occurrence.
 
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"

Nothing un-Constitutional about you being cited for transporting a loaded firearm. Regulated mean you have to have a permit to transport your firearm loaded. Your defense of it was loaded when your friend loaned it to you is no excuse, if someone hands me a firearm I clear it prior to handling it, even if I just watched them do it. It is safety and if you didn't clear it b/c you didn't know how then you shouldn't have had the thing in the first place. I see so many thing wrong with this situation at fault to you, honesty not being one of them. As far as the officer asking if you had a weapon as a former Law Enforcement Officer I will tell you the rule we lived by "In god we trust, all others keep you hands where I can see them"

I wish you luck with your situation, but my recommendation is to stand in front of the judge and admit you screwed up and beg for mercy.
 
I was not arrested. The gun was I was a case and was hard to get to. Yes I did not know the law. But I think a strong warning or infraction ticket.

The officer wanted to get a star by his name. As he was already upset because he broke a part of his new car that day. He said.

If you know of a good lawyer in ND or of a gun club that can help please post that info.


If all you can post is stuff that is not going to help it is negative you can just stop thanks.


And thank you to ever one that is helping with your good info.
 
ryan58854 said:
I was not arrested. The gun was I was a case and was hard to get to. Yes I did not know the law. But I think a strong warning or infraction ticket.

The officer wanted to get a star by his name. As he was already upset because he broke a part of his new car that day. He said.

If you know of a good lawyer in ND or of a gun club that can help please post that info.


If all you can post is stuff that is not going to help it is negative you can just stop thanks.


And thank you to ever one that is helping with your good info.
Click to expand...

I don't see anyone here forming a Ryan58854 defense fund. You chose to post in a forum full of people that go out of their way to know the law so a lot of the feedback will be critical of your actions. You may find someone that can recommend a lawyer, good luck on that. I will tell you that if you start getting snippy on the feedback you receive things will get ugly. Its happened many a time.

Sent from my PG86100 using Tapatalk
 
ryan58854 said:
I was not arrested. The gun was I was a case and was hard to get to. Yes I did not know the law. But I think a strong warning or infraction ticket.

The officer wanted to get a star by his name. As he was already upset because he broke a part of his new car that day. He said.

If you know of a good lawyer in ND or of a gun club that can help please post that info.


If all you can post is stuff that is not going to help it is negative you can just stop thanks.


And thank you to ever one that is helping with your good info.
Click to expand...

Your original post came accross as kind of an "It's not my fault" type of post. With very few exceptions, that doesn't fly with the members of this forum. You're an adult, nobody hid the gun in your car without your knowledge, and you put yourself in a position to have a police encounter by speeding....it is your fault.

Sounds like an open and shut case. I suggest you be honest with the judge and throw yourself on the mercy of the court. ND seems like a pretty gun-friendly state. There are plenty of other states and cities where you would have been hauled off and held w/o bail. You'll probably get fined and lose your friend's pistol. Good luck.
 
B2Tall said:
Your original post came accross as kind of an "It's not my fault" type of post. With very few exceptions, that doesn't fly with the members of this forum. You're an adult, nobody hid the gun in your car without your knowledge, and you put yourself in a position to have a police encounter by speeding....it is your fault.

Sounds like an open and shut case. I suggest you be honest with the judge and throw yourself on the mercy of the court. ND seems like a pretty gun-friendly state. There are plenty of other states and cities where you would have been hauled off and held w/o bail. You'll probably get fined and lose your friend's pistol. Good luck.
Click to expand...

I live right next door to ND in MN. Believe me they are far from a gun friendly state IMO. They have the worst CCW laws of the states I've read about so far.
 
You must log in or register to reply here.

New Threads

Members online

No members online now.
Total: 444 (members: 0, guests: 444)

Latest posts

Forum statistics

Threads
49,525
Messages
610,667
Members
74,995
Latest member
tripguru365

Share this page

Back
Top