Zim (VampireZIM) Arrested for Transporting Loaded Firearm

[doobie]

I was told that, in order to get a carriers permit, I would have a better chance if I had a NHDL to prove my NH citizenship.

If you want NH citizenship you would need a NHDL or NH non-driver ID.  If you want just a permit to carry and you have a permit to carry in another state you could get a non-resident permit, but it costs twice as much and takes 3-5 times longer to get; or get a permit in a state we have reciprocity with.

[ancapagency]

I got my concealed carry license well before I got my NHDL.  The chief did ask to see ID when I went to pick it up, and commented that I needed to get my DL changed over to NH, but he didn't hassle me about it.  He did say that if I got pulled over in Concord or Manch or something, the cops might be assholes about not having my DL changed over yet, but that he didn't mind.

All you need is proof of residence--not an NHDL.

[highline]

Also I found out that it should just be a violation on the first offense, so it might not be too serious.

Sorry to be the bearer of bad news but it is not a violation.  It is considered a crime under state law.  If you are convicted and get caught again - you become a felon with a lifetime federal gun ban.

159:4 Carrying Without License. – No person shall carry a loaded pistol or revolver in any vehicle or concealed upon his person, except in his dwelling, house or place of business, without a valid license therefor as hereinafter provided. A loaded pistol or revolver shall include any pistol or revolver with a magazine, cylinder, chamber or clip in which there are loaded cartridges. Whoever violates the provisions of this section shall, for the first such offense, be guilty of a misdemeanor. For the second and for each subsequent violation of the provisions of this section, such person shall be guilty of a class B felony, provided such second or subsequent violation has occurred within 7 years of the previous conviction.

[Kat Kanning]

How much time and/or money could they, at worst, want from him?

[highline]

How much time and/or money could they, at worst, want from him?

1 year in jail and up to a $2000 fine..............




................for violating a patently unconstitutional law.

[Kat Kanning]

How about the open keg thing?

[highline]

How about the open keg thing?

That is a $1000 fine, total.

I'm guessing he will get a $500 fine with $250 suspended on both of them... for a total of $500 + %20 (penalty assessment) for a grand total of $600 fine.  Maybe 6 months in the HOC suspended also.

The suspended sentences go away as long as one commits no felonies, misdemeanors, or serious violations within that period.

Just to explain what penalty assessment is.....(i am sure a lot of you will be thrilled with this one) :

   188-F:31 Penalty Assessment; Waiver of Penalty. –
   
I. Every court shall levy a penalty assessment of $2 or 20 percent, whichever is greater, on each fine or penalty imposed by the court for a criminal offense, including any fine or penalty for a violation of RSA title XXI or any municipal ordinance, except for a violation of a municipal ordinance relating to motor vehicles unlawfully left or parked.
   
II. If multiple offenses are involved, the penalty assessment shall be imposed on the total fine.
   
III. If a fine is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.
   
IV. The clerk of each court shall collect all penalty assessments and shall transmit the amount collected under paragraphs I-III to the state treasurer for deposit in the following funds. The state treasurer shall deposit 65 percent of the amount collected in the police standards and training council training fund, 20 percent of the amount collected in the victims' assistance fund, and the remainder in the general fund.





Thats right!  All police training in this state is completely funded by people paying criminal/violation fines!

[Kat Kanning]

What do you think would happen if he dug in his heels and refused to pay any fines?

[error]

Just like any gang, it's all about the Benjamins.

[error]

What do you think would happen if he dug in his heels and refused to pay any fines?

At least, he probably wouldn't get his gun or his keg back.

[highline]

What do you think would happen if he dug in his heels and refused to pay any fines?

State law is $50/day in the county jail....

[SamIam]

Also I found out that it should just be a violation on the first offense, so it might not be too serious.

Sorry to be the bearer of bad news but it is not a violation.  It is considered a crime under state law.  If you are convicted and get caught again - you become a felon with a lifetime federal gun ban.

159:4 Carrying Without License. – No person shall carry a loaded pistol or revolver in any vehicle or concealed upon his person, except in his dwelling, house or place of business, without a valid license therefor as hereinafter provided. A loaded pistol or revolver shall include any pistol or revolver with a magazine, cylinder, chamber or clip in which there are loaded cartridges. Whoever violates the provisions of this section shall, for the first such offense, be guilty of a misdemeanor. For the second and for each subsequent violation of the provisions of this section, such person shall be guilty of a class B felony, provided such second or subsequent violation has occurred within 7 years of the previous conviction.

Zim, if you want to question the authority of the court:

Remember, the Blue Light gang has the burden of proof, and must answer whatever you call into question.

Humm, a Vechicle, what is that judge? Black's says it's

   "something used as an instrument of conveyances; any conveyance used in transporting, passengers or merchandise by land sea or air."

So If I'm open carrying on a bicycle, skateboard, or red flyer pull wagon how is that excluded from this law? Wouldn't shoes be used in transporting, even allowing me to walk over broken glass, and therefore be considered a conveyance device? That's a violation of the law as well right? Use this to establish exceptions to the "law", and work that angle.

You could also print up your own valid license, and submit it to the court. When they tell you yours is not valid, then ask them what makes theirs valid? Oh, ok, Judge, you keep using that word, and I need to know what it means. Factually what is the state?  I need to understand exactly what makes your license valid and mine invalid. You keep referring to the law, factually what is the law? (commands you must follow) How did you gain authority over me to enforce commands I must follow even when your doing so violates my basic human rights, which is the sole purpose and reason governments were instituted among men?

Have you settled into your home? Otherwise  you could have been living in the car, which would make it your dwelling. (black's: dwelling- the house or other structure in which a person lives; a residence or abode.) Were you living in a car? It's ok to admit it! Perhaps as a filmmaker, the vehicle was your temporary place of business? 

I see a lot of questions here, and it doesn't look like they have much of a case. The man who threatened you at gunpoint should have verified that the law was being broken (in a vehicle, not your workplace or dwelling) before he put a gun in your face. If he didn't or can't prove this, then is this a valid charge?

[VampireZIM]

Well, I was in Mikes car as a passenger when the incident took place.  I am going to have to wait for a lawyer before I decide what I am going to do.

To be honest, I will probably try to plea out, if they offer a fine and remove the charge from my record, I would be happy to get it behind me and move forward.

But this of course does not stop there, I will put all my energy toward getting that law repealed along with many other unconstitutional gun laws.

I am now a member of the Gun Owners of New Hampshire and will be volunteering my time there as well.

[highline]

You need to understand that Black's definitions do not matter. The legislature always defines words to mean exactly what they want them to mean.

See New Hampshire Chapter 259 for example.

[Russell Kanning]

I am going to have to wait for a lawyer before I decide what I am going to do.

a lawyer will tell you not to buck the system