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Old 01-12-2008, 09:00 PM
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Default Possession of a gun with a misdemeanor conviction

I arrested a guy tonight... he has a prior conviction for a violation of a restraining order. He is 23 and the conviction was over two years ago. It was a conviction for being in violation of a restraining order his present girlfriend had taken out against him two years ago... they are still together.

I went to his house as he has a misdemeanor vehicle conviction, driving on a suspended license, and is on probation. He has a loaded shotgun leaning on the counter, he lives in the country and guns are very common. The trouble is, california defines a conviction for violation of a restraining order to be a crime which prohibits possession of a firearm for 10 years. I know the guy had the gun for protection as he lives in a high crime area where he would be lucky for the cops to only be 20 minutes away, his spousal equivelant is 9 months pregnant and he is worried. The trouble was he did not realize it was a felony for him to possess a gun.

The trouble with me is he put me in a tough spot. I couldn't, because of circumstances I can't get into, not arrest him. Now he is sitting in jail facing a felony charge of possession of a firearm by a prohibited person. His girlfriend will likely give birth within 48 hours and he starts a really good job on Monday.

I think I am disgusted with the system that talks these kids into plea bargains for seemingly minor offenses and it has serious repurcusions long term. The whole thing with misdemeanor convictions prohibiting firearms ownership sometimes really pisses me off.

Did this guy deserve being arrested? Yes.
Do I wish I could have handled it another way? Yes
Did he set himself up so that I had no choices? Yes

So why do I feel like a complete S***head?

I think I am pissed at the legislature more than anything...

Thanks for the opportunity to vent...
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Old 01-12-2008, 09:06 PM
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Don't beat yourself up. We all do things that put us in positions we would rather not be in. It's our own fault. Your subject tonight is one of those folks. I am too.

Have a great evening and just think - you aren't working the case with the pregnant woman that was murdered and burnt at LeJune (sp?).
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Old 01-12-2008, 09:08 PM
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The problem is by you not arresting him, you career is now on the line.

You need to do your jab as best you can and not take personal risk.
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Old 01-12-2008, 09:09 PM
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dbl tap...
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Old 01-12-2008, 09:10 PM
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Quote:
Originally Posted by CCWInstructor View Post
The problem is by you not arresting him, you carrier is now on the line.

You need to do your jab as best you can and not take personal risk.
Jab, job. Patato, Potato...
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Old 01-12-2008, 09:10 PM
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Carrier, career.
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Old 01-12-2008, 09:12 PM
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That is true... thanks...
I just hate being pasted into a corner....
Having worked with stupid for alot of years, I know that holding people accountable by arresting them often turns their life around. I have never had anyone, ever, in 20 years thank me for giving them no consequences for their actions. I have lost track of the people who have showed up at the office to thank me for sending them to prison. I also remember how many people have told me that what turned them around was being incarcerated when their kids where born.....

Still hate the way some of California's firearms laws are written...

I just became a Utah CCW instructor and was looking at the calendar tonight to set up some classes... makes me kinda wish I lived in Utah...kinda...not real serious...just kinda...due to the laws...
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"Under the table Greebo sat and washed himself. Occasionally he burped.
Vampires have risen from the dead, the grave and the crypt, but have never managed it from the cat."


"Greebo turned upon Granny Weatherwax a yellow-eyed stare of self-satisfied malevolence, such as cats always reserve for people who don't like them, and purred. Greebo was possibly the only cat who could snigger in purr"

Greebo the Cat - Terry Pratchett "Witches Abroad"
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Old 01-12-2008, 09:13 PM
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Sucks to be him! Sometimes we make choices that do have long term effects that we don't realize they happen until much later. Maybe/Hopefully he gets a really good lawyer (public or private) that can try to minimize the damage.

But basically, it sucks to be him!

You have a job to do... so you did what you had to to.
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Last edited by akulahawk : 01-12-2008 at 09:15 PM.
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Old 01-12-2008, 09:16 PM
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Life's tough man. On the bright side, you do have concience. Good for you!
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Old 01-12-2008, 09:17 PM
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On the brighter side, very few of us type like Greg...
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Old 01-12-2008, 09:19 PM
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Quote:
Originally Posted by CCWInstructor View Post
The problem is by you not arresting him, you career is now on the line.

You need to do your jab as best you can and not take personal risk.
AND I can't risk my integrity or my honor... The DA can always drop the charges if they think the situation warrants, and there are some extenuating circumstances.... the whole competing harms theory applies...

The guys girlfriend had a really nice weatherby pump (I didn't even know they made one) and a hawes 44mag revolver, loaded.... she said she bought them at a garage sale for 200.00 bucks for both...I ignored her statement... unloaded the guns and told her to go to the DOJ webite and register the guns....threw up my hands and took her boyfriend to jail...

He can always make bail
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"Under the table Greebo sat and washed himself. Occasionally he burped.
Vampires have risen from the dead, the grave and the crypt, but have never managed it from the cat."


"Greebo turned upon Granny Weatherwax a yellow-eyed stare of self-satisfied malevolence, such as cats always reserve for people who don't like them, and purred. Greebo was possibly the only cat who could snigger in purr"

Greebo the Cat - Terry Pratchett "Witches Abroad"
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Old 01-12-2008, 09:19 PM
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Quote:
Originally Posted by CalCCW03 View Post
Life's tough man. On the bright side, you do have concience. Good for you!
I'd be worried if you didn't...
Quote:
Originally Posted by 1buba View Post
On the brighter side, very few of us type like Greg...
True. There can be only one Greg.
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Old 01-12-2008, 09:21 PM
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yes it does suck at times. But its your duty and you did the right thing.

I always tell myself when i go to work to leave my personal problems at the door and when I go home leave my work situations at work. Its easier said than done.

Just don't lose sleep over it, that is when you start getting stressed and don't enjoy life as much as you could.

And always remember you aredoing the right thing. many have already thanked you and for the ones that didn't, Just hope they will want to turn their life around.

I go on ride-a-longs quite often and in some situations, its got to be hard not to sympathize with people. Especially knowing the So is having a baby in 48hrs or less and the guy is now in jail.


And guys....greg speaks Greguage
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Old 01-12-2008, 09:23 PM
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EG, he is the one that made the bad decisions.
Having said that, HE forced you to do the right thing.
Not your bad!
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Old 01-12-2008, 09:24 PM
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Thanks guys... Knew you would understand...

This is a great sight to find people who think alike...
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"Under the table Greebo sat and washed himself. Occasionally he burped.
Vampires have risen from the dead, the grave and the crypt, but have never managed it from the cat."


"Greebo turned upon Granny Weatherwax a yellow-eyed stare of self-satisfied malevolence, such as cats always reserve for people who don't like them, and purred. Greebo was possibly the only cat who could snigger in purr"

Greebo the Cat - Terry Pratchett "Witches Abroad"
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