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Failure to Disclose Carrying Pistol to Officer

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  • 07-09-2013, 07:50 PM
    nunchucklee
    Failure to Disclose Carrying Pistol to Officer
    My question involves criminal law for the state of: Michigan/Roseville

    Hello,

    My name is Ryan, I am 23 years old and am currently working my way through college full time to earn a Criminal Justice Degree. Back in February, I had gotten my CPL License since I am going to school for Law Enforcement after all. Not to much later, I bought myself a full sized handgun. Well not even a month or so later, I had a officer approach me on private property about some trouble in the area. Considering this was my first time being approached by an officer since I just recently got my handgun, for some reason I thought it would be okay to not tell him I was carrying, mostly cause I assumed I was safe cause I was on my own property. Well when he ran my background he saw I had a CPL, long story shortened, I got a ticket for Failure to Disclose to an Officer that I was carrying.

    Well since I am a broke college student, I am going to have a very difficult time paying for the fine. I know it is $500, which I absolutely do not have, nor do my parents. When I am in front of the judge for mandatory court, within the next few days, what will be the consequence if I cannot pay the fine of $500?

    Will I go to jail? If so for how long (usually)? Will I have to pay any other fines if I go to jail? Will it stay on my record?

    Thank You
  • 07-09-2013, 07:57 PM
    jk
    Re: Failure to Disclose Carrying Pistol to Officer
    what was the basis of the contact with the police?



    Quote:

    Well since I am a broke college student, I am going to have a very difficult time paying for the fine. I know it is $500, which I absolutely do not have, nor do my parents. When I am in front of the judge for mandatory court, within the next few days, what will be the consequence if I cannot pay the fine of $500?
    so you can spend $500 or so to get a carry permit and purchase a gun but you cannot afford a $500 fine?
  • 07-09-2013, 08:09 PM
    nunchucklee
    Re: Failure to Disclose Carrying Pistol to Officer
    There were younger girls in the neighborhood that supposedly heard me and a few friends yell some vulgar language at them while driving by but it wasnt us, so the police simply came to see what the problem was.

    And yes I could afford the gun at the time, but life happened and I had some other bills expenses that came up I had to take care of, even had to sell the gun recently.
  • 07-09-2013, 08:25 PM
    Disagreeable
    Re: Failure to Disclose Carrying Pistol to Officer
    It appears they figure you have half a brain and just hit you hard on the shoulder.
    Quote:

    Responsibilities of Individuals With a Concealed Pistol License:

    An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.

    Failure to disclose this information to a police officer carries the following penalties:

    First offense = State Civil Infraction - $500 fine and 6-month CPL license suspension.
    Second offense = State Civil Infraction - $1000 fine and CPL license revocation.
    http://www.michigan.gov/msp/0,4643,7...0941--,00.html
  • 07-09-2013, 08:36 PM
    Lehk
    Re: Failure to Disclose Carrying Pistol to Officer
    I hope you appreciate how dangerous your omission was.

    Had the officer spotted your gun and been startled it could have been your next of kin on here asking if they had a case for wrongful death against the police department.
  • 07-09-2013, 08:36 PM
    davidmcbeth3
    Re: Failure to Disclose Carrying Pistol to Officer
    Might try here: http://forum.opencarry.org/forums/forum.php

    For more advice
  • 07-09-2013, 08:38 PM
    nunchucklee
    Re: Failure to Disclose Carrying Pistol to Officer
    Thats great mind answering my question.
  • 07-09-2013, 08:51 PM
    Disagreeable
    Re: Failure to Disclose Carrying Pistol to Officer
    Quote:

    Quoting nunchucklee
    View Post
    Thats great mind answering my question.

    Can't read? No jail. It will be on your record as an infraction.

    First offense = State Civil Infraction - $500 fine and 6-month CPL license suspension.
  • 07-09-2013, 11:07 PM
    Mr. Knowitall
    Re: Failure to Disclose Carrying Pistol to Officer
    Quote:

    Quoting nunchucklee
    View Post
    Considering this was my first time being approached by an officer since I just recently got my handgun, for some reason I thought it would be okay to not tell him I was carrying, mostly cause I assumed I was safe cause I was on my own property.

    So... you knew your legal obligation to disclose that you were carrying, but you chose not to fulfill that obligation "for some reason"? You were educated about your duties, correct? So you knew there was no "If I'm on my own property" exception to your duty to disclose your concealed weapon, correct?
    Quote:

    Quoting nunchucklee
    When I am in front of the judge for mandatory court, within the next few days, what will be the consequence if I cannot pay the fine of $500?

    Some courts permit payment plans, although even if available they may be limited to traffic cases. You will have to check with the court.
    Quote:

    Quoting nunchucklee
    Will I go to jail? If so for how long (usually)?

    You appear to be stating that you were cited for violating MCL 28.425f(3), which is a civil infraction punishable by a fine and a suspension of your CPL. You will have a record of that violation, but it's a non-criminal record.
    Quote:

    Quoting nunchucklee
    View Post
    Thats great mind answering my question.

    You say you're a college student who wants to work in criminal justice - try to act the part.
  • 07-10-2013, 12:36 PM
    nunchucklee
    Re: Failure to Disclose Carrying Pistol to Officer
    Quote:

    Quoting Mr. Knowitall
    View Post
    So... you knew your legal obligation to disclose that you were carrying, but you chose not to fulfill that obligation "for some reason"? You were educated about your duties, correct? So you knew there was no "If I'm on my own property" exception to your duty to disclose your concealed weapon, correct?

    Some courts permit payment plans, although even if available they may be limited to traffic cases. You will have to check with the court.

    You appear to be stating that you were cited for violating MCL 28.425f(3), which is a civil infraction punishable by a fine and a suspension of your CPL. You will have a record of that violation, but it's a non-criminal record.

    You say you're a college student who wants to work in criminal justice - try to act the part.

    Thank you for the response, sorry if I am not coming across as a gentlemen. I have just been going through a very hard time recently and it has been one thing after another. So when I post a question on here and all I get is criticism in return, it can be a little annoying. I know what I did was wrong and stupid, but if none of us ever made mistakes then how would we learn.
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