What does this do to my gun rights?

This is a discussion on What does this do to my gun rights? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; First off I'd like to say it good to be back here on defensive carry with all of you,I've missed it here. Well I've been ...

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Thread: What does this do to my gun rights?

  1. #1
    Senior Member Array 1911luver's Avatar
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    What does this do to my gun rights?

    First off I'd like to say it good to be back here on defensive carry with all of you,I've missed it here. Well I've been away for a reason and that reason being I was arrested,I wasn't in jail all this time however just had more pressing matters that kept me away.

    To give an abbreviated version of events I was a victim of circumstances beyond my control,those of which involved my wife's ex-husband and my stepson both of which have bad drug abuse problems. Basically my wife and I got into a verbal dispute with my stepson over his conduct (hes 15 and thinks hes 30) and his disrespect for myself his mother and our rules in our house. It was at this time that my wife's ex-husband decides to put his 2 cents in,he was on something and obviously high. He and I had words at which time he approached me in menacing manner (this was in the master bedroom and my gun was in an IWB holster on top of the dresser)I instinctively grabbed the holstered gun and stepped back away from him.

    He was unarmed and I wasn't in fear of life/safety so my primary concern was weapons retention,I didn't want him to grab my gun. My stepson flips out and runs out of the room and calls 911,and screams at that I have a gun and was going to kill his dad. So a short time later 6 cops show up and bust in,long story short my wife's ex tells them that I pointed my gun at him and threatened to kill him . I tried to explain to the police that this is not what happened but they wouldn't hear it as my stepson agreed with his fathers story. My wife also tried to tell them that this wasn't what happened either but they believed her ex and I was arrested.

    I just got word today from my attorney that the state wasn't going to file any criminal charges against me. Justice was served I didn't do what I was accused of,I wouldn't I'm a law abiding gun owner. I went peacefully with the police and was very polite,but I refused to give them any statements being within my rights to do so before speaking to an attorney.

    My questions now are I know I have an arrest record (but my attorney says were going to have that expunged). But will the "nollo prossed" (no charges filed) be added to the official record? Will the NICS people see that the case was disposed with out charges being filed,and how will it effect me purchasing a gun?
    Snub nose revolvers,the original concealed carry guns.

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  3. #2
    VIP Member Array grady's Avatar
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    I don't know the answers to your legal questions, but I'd sure ask for a letter from your lawyer explaining everything, just for future references.

    I had an old charge against me that went nowhere, and then years later Pennsylvania denied me a permit due to the old charge. I got it straightened out, but it wasn't cheap. It's probably a lot cheaper for you to get a letter of explanation now rather than later.

    Not my business, but I'm not sure I could live with a lying stepson who had me arrested. Next time he might be successful at getting you some jail time.

  4. #3
    VIP Member Array searcher 45's Avatar
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    Quote Originally Posted by 1911luver View Post
    First off I'd like to say it good to be back here on defensive carry with all of you,I've missed it here. Well I've been away for a reason and that reason being I was arrested,I wasn't in jail all this time however just had more pressing matters that kept me away.

    To give an abbreviated version of events I was a victim of circumstances beyond my control,those of which involved my wife's ex-husband and my stepson both of which have bad drug abuse problems. Basically my wife and I got into a verbal dispute with my stepson over his conduct (hes 15 and thinks hes 30) and his disrespect for myself his mother and our rules in our house. It was at this time that my wife's ex-husband decides to put his 2 cents in,he was on something and obviously high. He and I had words at which time he approached me in menacing manner (this was in the master bedroom and my gun was in an IWB holster on top of the dresser)I instinctively grabbed the holstered gun and stepped back away from him.

    He was unarmed and I wasn't in fear of life/safety so my primary concern was weapons retention,I didn't want him to grab my gun. My stepson flips out and runs out of the room and calls 911,and screams at that I have a gun and was going to kill his dad. So a short time later 6 cops show up and bust in,long story short my wife's ex tells them that I pointed my gun at him and threatened to kill him . I tried to explain to the police that this is not what happened but they wouldn't hear it as my stepson agreed with his fathers story. My wife also tried to tell them that this wasn't what happened either but they believed her ex and I was arrested.

    I just got word today from my attorney that the state wasn't going to file any criminal charges against me. Justice was served I didn't do what I was accused of,I wouldn't I'm a law abiding gun owner. I went peacefully with the police and was very polite,but I refused to give them any statements being within my rights to do so before speaking to an attorney.

    My questions now are I know I have an arrest record (but my attorney says were going to have that expunged). But will the "nollo prossed" (no charges filed) be added to the official record? Will the NICS people see that the case was disposed with out charges being filed,and how will it effect me purchasing a gun?
    You are the head of your home!!!!

    Move stepson out of your home and do not allow ex hubby in again.

    If stepson needs to be high let him be high with his dad.

    If wife has problem let her move back with her high hub.
    NOT LIVING IN FEAR, JUST READY!!!
    I do not love the bright sword for its sharpness,
    nor the arrow for its swiftness,
    nor the warrior for his glory.
    I love only that which they defend.
    -J.R.R. Tolkien

  5. #4
    Distinguished Member Array Rugergirl's Avatar
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    +1 to both responses.
    Definately check with your lawyer and get everything in writing, keep at least one copy in a safe place away from the drug users.
    Disclaimer: The posts made by this member are only the members opinion, not a reflection on anyone else, nor the group, and should not be cause for anyone to get their undergarments wedged in an uncomfortable position.

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    Don't know what this does to your carry rights, though I think as Grady pointed out if you get the documentation you need now, and keep it safe forever, you'll be O.K.

    As for the rest of it, unless the reason the charges were dropped is that your stepson recanted his story directly to the police (and apologized profusely to you for his false accusations), you need him out of the house. If you can't get him out, you need to get yourself out of the house.

    Yup, that might become a marriage killer. Too bad. Pity. But you can't have that kid living with you. Mom can't have him visit in the future when you are around. In short, he can't be let back in the house.

    I assume, for discussion purposes here, you didn't adopt him, and you just got him as part of the marriage. If mom won't let you toss him back to dad, toss her as well.

    I would also be a little cautious that these charges can't and won't somehow get "resurrected," in the future if something else happens.* Discuss that with your attorney and make sure you know that they are gone once and for all forever.

    * Be careful here. "Hell hath no fury," and if you decide to toss the kid or move yourself out, or you decide to end the marriage, your wife might get nasty and turn on you. If the DA can hold the old charge against you till the statute of limitations runs, you could still be in a heap of trouble given that the kid is a known liar and your wife might be in a mean streak.

  7. #6
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    Counter with a protective order against ex-husband and stepson...if they step onto your property or approach you away from the home, you have a paper trail. Be sure to note the concern for their drug use along with the threats of violence.
    Sounds the stepson and ex-husband deserve each other.

    A charge can complicate things a bit, but without a conviction you'll be just fine.
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  8. #7
    Senior Member Array 1911luver's Avatar
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    Thanks guys for the input so far this has been an awful ordeal from the start. I've was released from jail the next day on bail and went straight to me brother's house where I'm residing for the time being. For the record my wife has been great she's been very supportive and has banned her ex from our home.

    She's also a mother and I know its not easy for a parent to admit their child has become something they can do without. That being said I have no children but I've tried my best to be a good stepfather to my wife's kids. My wife and I have decided that its best if I live at my brother's for the time being until she figures out what to do with her son. Truth be told guys its because of this kid and all the crap he's put us through why my marriage wasn't in the best of shape before this all happened.

    On a brighter note though I spoke with DOA who issues carry permits here in Florida and they said that my permit won't be suspended. They told me to fax their legal department a copy of the letter saying no charges were filed and my CCW will be fine.
    This hasn't been easy for me I love my wife but I'm between a rock and a hard place here,as is she.
    Snub nose revolvers,the original concealed carry guns.

  9. #8
    Distinguished Member Array Guardian's Avatar
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    I'm a little confused here.

    I'm confused since it's your own home, why would you be arrested for pulling a gun in your own home irregardless if you felt a threat from this idiot or not, it's your home, just asking for curiousity purposes because that has me confused.

    I'm sorry, if your tied, up, will someone Resupt99 or someone else from our Florida membership answer this, I'm truely perplexed on this one especially since the wife backed his story in his own house.
    "I dislike death, however, there are some things I dislike more than death. Therefore, there are times when I will not avoid danger" Mencius"

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    I have no advice but I wish you all the best though this tough situation.

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    re: Guardian

    Quote Originally Posted by Guardian View Post
    I'm a little confused here.

    I'm confused since it's your own home, why would you be arrested for pulling a gun in your own home irregardless if you felt a threat from this idiot or not, it's your home, just asking for curiousity purposes because that has me confused.

    I'm sorry, if your tied, up, will someone Resupt99 or someone else from our Florida membership answer this, I'm truely perplexed on this one especially since the wife backed his story in his own house.
    Yes, it was his house, his bedroom, but there was no home invasion-- wife's ex was apparently there invited. OP said he felt no threat on his life.

    So, when the kid lied, it made it look like he pulled a gun on someone for no good reason. You can't do that, even in your own home.

    Probably though the law is just gray enough and the situation murky enough that no charges could actually be placed. (Somehow I doubt the kid ever admitted to the police that he exaggerated and lied, nor do I think the ex fessed up.)

  12. #11
    Senior Member Array 1911luver's Avatar
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    Yes that's exactly what happened my stepson told the police that his dad was invited in by him,thus giving him a right to be there I guess. I tried to tell the police that I as an adult I didn't invite him into my home but I guess that's wasn't flying for what ever reason that night.

    I don't begrudge the police,they weren't very nice about it but they were doing their job. I know how it must have looked sure but it wasn't that way. I really feel as though my wife needs to take drastic steps with her son and her ex,they put an innocent man in jail for a night and costs us thousands of dollars in legal fees already. I don't care about the money,its the principal I'm innocent and I was fighting this thing tooth and nail.

    I just thank god that the state saw this for the load of crap that it was.
    Snub nose revolvers,the original concealed carry guns.

  13. #12
    VIP Member Array Stevew's Avatar
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    Protection order against husband in law and drug program with monitoring for step son. Or divorce lawyer for you. All the advice has been good. What ever you do, do it quick.
    Good people do not need laws to tell them to act responsibly, while bad people will find a way around laws. Plato

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    Quote Originally Posted by 1911luver View Post
    First off I'd like to say it good to be back here on defensive carry with all of you,I've missed it here. Well I've been away for a reason and that reason being I was arrested,I wasn't in jail all this time however just had more pressing matters that kept me away.

    To give an abbreviated version of events I was a victim of circumstances beyond my control,those of which involved my wife's ex-husband and my stepson both of which have bad drug abuse problems. Basically my wife and I got into a verbal dispute with my stepson over his conduct (hes 15 and thinks hes 30) and his disrespect for myself his mother and our rules in our house. It was at this time that my wife's ex-husband decides to put his 2 cents in,he was on something and obviously high. He and I had words at which time he approached me in menacing manner (this was in the master bedroom and my gun was in an IWB holster on top of the dresser)I instinctively grabbed the holstered gun and stepped back away from him.

    He was unarmed and I wasn't in fear of life/safety so my primary concern was weapons retention,I didn't want him to grab my gun. My stepson flips out and runs out of the room and calls 911,and screams at that I have a gun and was going to kill his dad. So a short time later 6 cops show up and bust in,long story short my wife's ex tells them that I pointed my gun at him and threatened to kill him . I tried to explain to the police that this is not what happened but they wouldn't hear it as my stepson agreed with his fathers story. My wife also tried to tell them that this wasn't what happened either but they believed her ex and I was arrested.

    I just got word today from my attorney that the state wasn't going to file any criminal charges against me. Justice was served I didn't do what I was accused of,I wouldn't I'm a law abiding gun owner. I went peacefully with the police and was very polite,but I refused to give them any statements being within my rights to do so before speaking to an attorney.

    My questions now are I know I have an arrest record (but my attorney says were going to have that expunged). But will the "nollo prossed" (no charges filed) be added to the official record? Will the NICS people see that the case was disposed with out charges being filed,and how will it effect me purchasing a gun?
    Your CWFL should be fine - you have not been convicted of a crime, and the charge has been disposed of without an adjudication of guilt.

    Once you receive a copy of the State entering nolle prosequi to the charges, you will be able to file for an expungement. Be aware, however, that in some states (not sure about Florida) if you have the record expunged you cannot pursue civil remedies against the person who filed the charges. But if he's a habitual drug abuser, he probably doesn't have anything you want, anyway.

    I'd suggest talking to your attorney about seeking a protective order against the ex, based on his assault on you in your home. If he continues to be an idiot, that can be useful to have.

    Matt
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    Blame it on Sixto - now that is a viable plan.

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    Quote Originally Posted by 1911luver View Post
    Yes that's exactly what happened my stepson told the police that his dad was invited in by him,thus giving him a right to be there I guess. I tried to tell the police that I as an adult I didn't invite him into my home but I guess that's wasn't flying for what ever reason that night.

    I don't begrudge the police,they weren't very nice about it but they were doing their job. I know how it must have looked sure but it wasn't that way. I really feel as though my wife needs to take drastic steps with her son and her ex,they put an innocent man in jail for a night and costs us thousands of dollars in legal fees already. I don't care about the money,its the principal I'm innocent and I was fighting this thing tooth and nail.

    I just thank god that the state saw this for the load of crap that it was.
    You might also consider having your attorney write a letter to the ex placing him on notice that he is not permitted on your property. That way, the "the kid invited me" defense won't work again.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  16. #15
    Distinguished Member Array BigStick's Avatar
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    +1 on the restraining order. At least for the husband, and definitly include the drug problem as part of the reason. It sucks that it has to come to this with "family" but they started the legal involvment and you can't afford to lose. Documentation is everything. Start the restraining order and the paper trail. Get a written legal statement from your wife to support your view, and keep paperwork on getting them both into rehab, or document your attempts to do so, proving that you are a good guy trying to help them out.

    In the legal world, paperwork is your friend, unless you don't have it, and then it is your enemy and can cost you a lot, money and rights.
    Walk softly ...

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