Legal Question

[TripleDigitRide]

Let's say that someone (no, not me) was busted for shoplifting an item with a value of roughly $50. They were charged with Theft Under $500. The theft occured while said person was legally carrying a firearm.

Will the fact that this person was carrying a firearm while committing result in the loss of his/her HCP and/or ability to buy a firearm in the future?

After all the paperwork was finished, the police returned the firearm to the owner, but mentioned that they were going to ask the judge to revoke his/her HCP.

The gun was not used in any way during the shoplifting, only carried.

[Rightwinger]

I would say the poor judgment displayed would warrant it's revocation.

[Oh Shoot]

If that's a Class A misdemeanor, and the person is convicted, he loses permit until sentence (including probation) is completed.

That's the only actual exact reason I can see right off that might apply in:

39-17-1352. Suspension or revocation of license.

Although there is perhaps a "catch all" where permit can be revoked if the person "Poses a material likelihood of risk of harm to the public". Dunno about that...

- OS

[BrasilNuts]

Spent all your money on that purdy 870 and had to shoplift some shells eh?

Seriously... I agree with Rightwinger on this one. This person made a very poor decision and that brings into question their ability to make proper decisions.

Edited March 26, 2009 by BrasilNuts

[Fallguy]

According to 39-14-105(1) Theft under $500 is a Class A misdemeanor.

39-17-1352(f)(1) says if a HCP holder is convicted of a Class A misdemeanor he/she is supposed to surrender his/her permit and (f)(2) says he/she shall not be allowed to carry during the terms of the sentence for the offense.

After the terms of the sentence the permit holder can apply for reinstatement per 39-17-1352(g) for $25.

So it would seem that he can still carry before going to court, but if he is convicted, he can't until what ever sentence is imposed is done.

[Guest JHatmaker]

I would say the poor judgment displayed would warrant it's revocation.

Couldn't have said it better myself. While we don't know any details of why this person was shoplifting, they commited a crime. Frankly they should have known better, especially while carrying a firearm.

I would bet their permit will be revoked, and best case scenario; would be on a permit "probation" for a year or so, if not more.

But there's no telling these days what a good lawyer can do...

[Guest Astra900]

What do you bet some sorry no count *cough* CNN *cough* news group would call this "armed robbery"?

[Guest pws_smokeyjones]

I would say the poor judgment displayed would warrant it's revocation.

It does kinda take the "law abiding" part out of Law Abiding Gun Owner eh?

[Angus]

What do you bet some sorry no count *cough* CNN *cough* news group would call this "armed robbery"?

Noooo...cmon now...that would be making a mountain out of a molehill, and who does that anymore?????

[Cajun]

I would say the poor judgment displayed would warrant it's revocation.

I agree, That was a dumb move 1 to steal and 2 to do it with a damn gun!