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  1. #51
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Carrying a Concealed Weapon While Living in a Storage Unit

    You can create "what if ..." scenarios all day. The hypotheticals are NOT what happened to your friend! Unless the owners of the storage units are willing to jump on a series of legal grenades that could cost them their freedom as well as a lot of money, your friend is going to have to face the music for this one. It is a relatively minor offense. This is NOT homicide!

  2. #52

    Default Re: Carrying a Concealed Weapon While Living in a Storage Unit

    I take that paragraph as a YES, It is legal because the son is acting as an agent to the father.

  3. #53
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Carrying a Concealed Weapon While Living in a Storage Unit

    Good golly.

  4. #54

    Default Re: Carrying a Concealed Weapon While Living in a Storage Unit

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    I take that paragraph as a YES, It is legal because the son is acting as an agent to the father.
    Wops, I didn't see cdwjava's reply when i sent this, it was not in response to him.

    Quote Quoting cdwjava
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    Unless the owners of the storage units are willing to jump on a series of legal grenades that could cost them their freedom as well as a lot of money, your friend is going to have to face the music for this one.
    I take your advise to mean that the easiest, simplest, and best course of action is to take a plea bargain. And I also understand the punishment probably wont be bad. I understand it is not worth fighting. And I understand that some other laws may have been broken. I appreciate you letting me know. Your advise is probably good and I appreciate it.

    Perhaps that is what I really need to know, I am feeling calm and not so upset, so that is good for me. (:

    There is a curious side of me though, and although it may be irrelevant to the system, I do not think this particular law was broken. It is interesting to me that the truth or even innocents of the law is somewhat irrelevant to practical life. I can accept that. I don't like it, but it is reality. I will have to deal with it. I do believe she was authorized as an agent and therefor I believe she was not in violation of that specific section of law.

    I don't think it is proper for us to make assumptions about the relationship that existed between my friend and the owner without asking both of them to explain it under oath. To me, this is an essential part of the case, and a good lawyer "if hired" would bring this up.

    I also agree that on the surface the owner might think he has a motive not to tell the true story, However, I think a jury would consider the owners credibility and would at least consider his motives to lie as you have eluded with the grenade analogy. On the other hand, If the owner lies he risks being charged with lying and could find himself defending his lies in a civil court. So I am not sure which way he would go.

    If you think she is guilty AND can explain it to me in detail sighting some case law or something, I would love to here it. Believe it or not that would be wonderful, I actually want to believe she is guilty of this particular law, that would mean there is no reason for me to help. I could go to sleep happy knowing that she was treated fairly. If you think nobody will care if she is innocent or not, I can deal with that as well, just let me know, but please do not confuse the two.

    Thanks

  5. #55
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Carrying a Concealed Weapon While Living in a Storage Unit

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    I take your advise to mean that the easiest, simplest, and best course of action is to take a plea bargain.
    It is the most probably end result. Since the vast majority of cases are settled by a plea deal and not a jury trial, it's a good bet that this misdemeanor will also be settled that way.

    There is a curious side of me though, and although it may be irrelevant to the system, I do not think this particular law was broken.
    You can think whatever you like. But, given the facts as you have presented them, it would appear that it was.

    I don't think it is proper for us to make assumptions about the relationship that existed between my friend and the owner without asking both of them to explain it under oath. To me, this is an essential part of the case, and a good lawyer "if hired" would bring this up.
    She was not a security guard or an employee. She lacked the license or any employment records. If the property owners spoke to an attorney they would certainly NOT be encouraged to admit to allowing tenancy in an unlawful dwelling, not reporting the "compensation" as income, or a host of local and state law violations. There is no proof that she was acting as their employee. None.

    I also agree that on the surface the owner might think he has a motive not to tell the true story, However, I think a jury would consider the owners credibility and would at least consider his motives to lie as you have eluded with the grenade analogy. On the other hand, If the owner lies he risks being charged with lying and could find himself defending his lies in a civil court. So I am not sure which way he would go.
    Since the odds of this going to a jury trial are maybe one in ten, it's a theory that will likely not be tested.

    If you think she is guilty AND can explain it to me in detail sighting some case law or something, I would love to here it.
    We have already posted the law and even the jury instructions. All because you think it's possible to wiggle out of them does not mean it's possible. But, it's moot as it is not a decision YOU get to make ... unless, of course, YOU really are the woman in this tale.

  6. #56
    Join Date
    Oct 2015
    Location
    Somewhere out there....
    Posts
    168

    Default Re: Carrying a Concealed Weapon While Living in a Storage Unit

    I am betting the rental agreement for the storage unit states she will not reside in it. The owner will refer to the agreement when asked.

    The owner may say they exchanged rent for her performing services, but they never agreed to armed guard services, nor allwed for her to stay in the unit.

  7. #57
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Carrying a Concealed Weapon While Living in a Storage Unit

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    Wops, I didn't see cdwjava's reply when i sent this, it was not in response to him.



    I take your advise to mean that the easiest, simplest, and best course of action is to take a plea bargain. And I also understand the punishment probably wont be bad. I understand it is not worth fighting. And I understand that some other laws may have been broken. I appreciate you letting me know. Your advise is probably good and I appreciate it.

    Perhaps that is what I really need to know, I am feeling calm and not so upset, so that is good for me. (:

    There is a curious side of me though, and although it may be irrelevant to the system, I do not think this particular law was broken. It is interesting to me that the truth or even innocents of the law is somewhat irrelevant to practical life. I can accept that. I don't like it, but it is reality. I will have to deal with it. I do believe she was authorized as an agent and therefor I believe she was not in violation of that specific section of law.

    I don't think it is proper for us to make assumptions about the relationship that existed between my friend and the owner without asking both of them to explain it under oath. To me, this is an essential part of the case, and a good lawyer "if hired" would bring this up.

    I also agree that on the surface the owner might think he has a motive not to tell the true story, However, I think a jury would consider the owners credibility and would at least consider his motives to lie as you have eluded with the grenade analogy. On the other hand, If the owner lies he risks being charged with lying and could find himself defending his lies in a civil court. So I am not sure which way he would go.

    If you think she is guilty AND can explain it to me in detail sighting some case law or something, I would love to here it. Believe it or not that would be wonderful, I actually want to believe she is guilty of this particular law, that would mean there is no reason for me to help. I could go to sleep happy knowing that she was treated fairly. If you think nobody will care if she is innocent or not, I can deal with that as well, just let me know, but please do not confuse the two.

    Thanks
    She is being treated fairly because while the prosecutor apparently believes laws were broken she has the right and opportunity to defend the charges in court.

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