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Hypothetical question.
#1
Let's say someone who thinks their right to keep and bear arms in defense of themselves is very important goes on a trip for whatever reason to another state that is reciprocal with their home state when it comes to handgun carry licenses.

Now let's say that this person, for whatever reason, has to make a pit stop (gas, have to pee, whatever) in one of the states in between home and trip destination that is not reciprocal. Let's also say that this person doesn't take the time to stop at the state border, unload, package, and secure their sidearm in accordance with travel laws; they just keep it at their side. When they stop to pee or get gas or whatnot else, they simply make sure they are carrying it properly concealed.

Finally, let's say this person, who is otherwise a very responsible and safety-oriented man or woman, who decides they would rather be judged by twelve than carried by six, has to actually face that claim, and while stopped to pee or get gas, is attacked, or another person nearby is attacked, and the person in question ends up being forced to take action by using their firearm to end an immediate threat to the life of themselves or another person.

Obviously, the police will be there (eventually), and the person is going to go to jail while things are sorted out. Also, firearms possession charges will likely be forthcoming, but here's where my question comes into play.

If the self-defense shooting is legit, and CCTV or witness statements back up the person's claim that they were in fear for their life and were forced to open fire on the perceived threat, what is the likelyhood that the possession charges might be dropped or dismissed, considering the glaring fact that said person was legally prohibited from carrying said firearm loaded and on his person for the duration of the pit stop where the incident occurred?

Just thinking about it. Smile
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#2
ViperGTS19801;73934 Wrote:Let's say someone who thinks their right to keep and bear arms in defense of themselves is very important goes on a trip for whatever reason to another state that is reciprocal with their home state when it comes to handgun carry licenses.

Now let's say that this person, for whatever reason, has to make a pit stop (gas, have to pee, whatever) in one of the states in between home and trip destination that is not reciprocal. Let's also say that this person doesn't take the time to stop at the state border, unload, package, and secure their sidearm in accordance with travel laws; they just keep it at their side. When they stop to pee or get gas or whatnot else, they simply make sure they are carrying it properly concealed.

Finally, let's say this person, who is otherwise a very responsible and safety-oriented man or woman, who decides they would rather be judged by twelve than carried by six, has to actually face that claim, and while stopped to pee or get gas, is attacked, or another person nearby is attacked, and the person in question ends up being forced to take action by using their firearm to end an immediate threat to the life of themselves or another person.

Obviously, the police will be there (eventually), and the person is going to go to jail while things are sorted out. Also, firearms possession charges will likely be forthcoming, but here's where my question comes into play.

If the self-defense shooting is legit, and CCTV or witness statements back up the person's claim that they were in fear for their life and were forced to open fire on the perceived threat, what is the likelyhood that the possession charges might be dropped or dismissed, considering the glaring fact that said person was legally prohibited from carrying said firearm loaded and on his person for the duration of the pit stop where the incident occurred?

Just thinking about it. Smile

You have too much spare time on your hands.
A gun rack in a pick-up is not for holding guns. Its a place for women to hold on to. Smile
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#3
I think you would be charged with gun crimes, regardless of your justification for using it.

INAL.
Vampire pig man since September 2012
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#4
They would be treated separately in court, I believe. You would still be charged with possession of the gun, without a doubt. But you could probably beat any charge of murder if you have good evidence that it was self-defense, such as video footage and/or eyewitness testimony.
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#5
Depends on the state. NY or NJ, you'll probably be executed. West Virginia might let you go with a slap on the wrist.

Justin
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#6
Actually I was thinking about this yesterday because we just rented a cabin for family vacation in NC in July...and I was looking at the map....and we're like....do we REALLY have to unload everything while we cross over MD to get to West Virginia?????? (Wait...Justin...I thought WV was reciprocal to PA? I thought the map showed it...)

Just have to make sure we don't get pulled over, get in a wreck, or get in the middle of a shooting, I guess....
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#7
RugerGirl;73950 Wrote:Actually I was thinking about this yesterday because we just rented a cabin for family vacation in NC in July...and I was looking at the map....and we're like....do we REALLY have to unload everything while we cross over MD to get to West Virginia?????

Yes, you really do. And you better.
Vampire pig man since September 2012
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#8
RugerGirl;73950 Wrote:Actually I was thinking about this yesterday because we just rented a cabin for family vacation in NC in July...and I was looking at the map....and we're like....do we REALLY have to unload everything while we cross over MD to get to West Virginia?????? (Wait...Justin...I thought WV was reciprocal to PA? I thought the map showed it...)

Just have to make sure we don't get pulled over, get in a wreck, or get in the middle of a shooting, I guess....

It is, but he didn't specify the originating state so I just assumed it could be any, and chose a relatively gun friendly state as the slap on wrist example. Big Grin

Justin
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#9
Camper;73952 Wrote:
RugerGirl;73950 Wrote:Actually I was thinking about this yesterday because we just rented a cabin for family vacation in NC in July...and I was looking at the map....and we're like....do we REALLY have to unload everything while we cross over MD to get to West Virginia?????

Yes, you really do. And you better.

Okay. But where are we supposed to reload on the other side of the border?

JustinHEMI;73954 Wrote:
RugerGirl;73950 Wrote:Actually I was thinking about this yesterday because we just rented a cabin for family vacation in NC in July...and I was looking at the map....and we're like....do we REALLY have to unload everything while we cross over MD to get to West Virginia?????? (Wait...Justin...I thought WV was reciprocal to PA? I thought the map showed it...)

Just have to make sure we don't get pulled over, get in a wreck, or get in the middle of a shooting, I guess....

It is, but he didn't specify the originating state so I just assumed it could be any, and chose a relatively gun friendly state as the slap on wrist example. Big Grin

Justin

Ahhh okay. haha.

Camper;73939 Wrote:I think you would be charged with gun crimes, regardless of your justification for using it.

INAL.

I actually agree with this.....if you are going to carry a gun and then shoot it in the above situation, hopefully your risk of jail is more desirable than your risk of a slow and painful death by the criminal.
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#10
Well, one way or another it is going to come down to the decision of a DA and/or an ADA as to whether you face charges.

So, in such a circumstance, your immediate fate would lie in the hands of someone who is both a lawyer and a politician.
IronSight, proud to be a member of pa2a.org since Sep 2012.
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