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DE prosecutors drop concealed weapon charge against Middletown engineer
The News Journal (Delaware) | July 9, 2013 | Cris Barrish

Posted on 07/09/2013 11:20:09 PM PDT by imardmd1

Click here to read article


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: 2ndamendment; banglist; ccdwlicense; concealedcarry; guncontrol; reciprocity; secondamendment
'Stupid mistake' over permit shouldn't be felony, prosecutor says' = subheader
(This is a controlled access web site.)
An otherwise bright engineer becomes Delaware resident, but fails to completely update his auto license, driver's license, and license to carry concealed deadly weapon to reflect being employed in the State of Delaware. Implictly blames "the system" for the consequences of personal laxness in obeying the rules regarding his change of domicile. The result is being charged with felonious possession of a concealed deadly weapon during his third stop for traffic infraction, thus risking his entire future career on the basis of not securing a CCDW license. To this reader, the overall thrust of the article intimates an attempt in shifting of the blame to "lack of understanding of the system" from "accepting personal responsibility."
Is this another schooled idiot? A scofflaw?
1 posted on 07/09/2013 11:20:09 PM PDT by imardmd1
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To: Delacon; Delmarksman; exit82; deweyfrank; NTHockey; imardmd1; Fishtalk; neverdem

ping


2 posted on 07/09/2013 11:23:12 PM PDT by imardmd1
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To: imardmd1
Is this another schooled idiot? A scofflaw?

Probably neither. Law is so complex, and cuts across to many jurisdictions in the U.S. that it's very easy to run afoul of it, despite one's best intentions. However, I'd advise this person, when driving, to moderate his speed.

3 posted on 07/09/2013 11:31:02 PM PDT by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Mr Ramsbotham

The libs are intent to make as many of us as possible run afoul of their ridiculous anti-second amendment laws- payback for the war on drugs I suspect.


4 posted on 07/10/2013 12:21:03 AM PDT by RC one
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To: imardmd1

“There’s no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”—Ayn Rand


5 posted on 07/10/2013 12:41:27 AM PDT by beaversmom
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To: Mr Ramsbotham

“Probably neither. Law is so complex, and cuts across to many jurisdictions in the U.S. that it’s very easy to run afoul of it, despite one’s best intentions.”

In Florida you must update your address on your DL when you move even if you stay in the same county. It’s so critical you have a time limit; I think 60 days. I sold a house and bought another house. I submitted the paperwork and received my new license. The state has put my PO box address on my DL. I have been stopped twice and neither time did the trooper question my address. (They apparently scan the DL and probably don’t read it.)

The person who typed in my Mom’s new address on her DL transposed the numbers. They wanted her marriage license to prove her name in order to fix it. When she supplied that it was a church license instead of a properly stamped state license. (In 1943 in Kentucky, who knew you’d need a state license?) So, Mom had an incorrect address until she stopped driving, that could not be corrected because a clerk had made a mistake.

Then, when we traded that for an ID card we had made two trips back because of the failure to have adequate documentation. We couldn’t get Mom an ID card. Then, this nice clerk asked if she had a fishing license. He gave her a free license as she’s elderly, and then used that as an ID verification for her ID card...

I can’t wait until these same clerks are deciding whether Mom can have that hip replacement under Obamacare.


6 posted on 07/10/2013 4:23:40 AM PDT by Gen.Blather
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To: Mr Ramsbotham
Probably neither.

Probably both. As a professional, one always has access to advice from the employer's local personnel as to common matters to deal with for a new hire or in relocating.

It is clear that in establishing a permanent residence in a different state one must accomodate the laws of that state.

(1) If you move into Delaware from another State, you must apply for a Delaware driver's license within 60 days after becoming a resident. State law requires changes of address to be reported to the Division of Motor Vehicles within 30 days. This man was operating with an invalid driver's license, having been a resident for over six months, with apparently no intention to meet the state code.

(2) New residents must title and register their vehicles within 60 days after becoming a Delaware resident. State law requires changes of address to be reported to the Division of Motor Vehicles within 30 days. This man's vehicle was unregistered, and he had no intention to register it in Delaware, probably because he would be required to pay a fee of 3.75% of the vehicle's value to obtain the DE title. In fact, the news article said that he bought a new car and intended to register it in Tennessee, but found that his driver's license was invalid there because of his change of address. So by now he was well aware of the DE code in this matter. He had to get his DE driver's license, as well as registering, titling, and insuring his vehicle. Apparently he did not feel that the DE laws applied to him.

(3) Having checked the reciprocity regarding his TN CCDW license, he had to be well aware that reciprocity is good only while visiting or traveling through Delaware, and that DE residency invalidates the requirements for his TN license. Obtaining a new DE CCDW license requires a special effort to obtain five character references, fingerprints, passport photos, and submit fees for these services. Pleading ignorance of these requirements is a subterfuge, not a valid excuse.

(4) The penalty for concealment in DE is rather stiff, as in any other state requiring a license. To compromise your employment, especially when it requires a security clearance, is sheer idiocy. This man could have wound up without a job, a home, a vehicle, a drivers license, and incarcerated for ignoring the laws of the state of his new residence.

(5) A new resident, arriving with a clean record, but accumulating three traffic infractions in one year is treading dangerous waters as to his regard for the law in this dimension also. Frankly, he does exhibit the marks of one who thinks little of the reasons for and power of the law, both in Tennessee and Delaware. Is he the engineering fellow you want advising of the safety of a nuclear site? Does he have a similar regard for the laws of Nature? How about those of Nature's God?

I think this is the answer to my rhetorical question, which demands this response. Your answer is neither needed nor wise, IMHO. Hopefully, his security clearances will have come under review and discipline as a consequence. The Delaware Attorney General's office has been more than generous in deferring action in proceeding against him.

Maybe he votes Democrat?

7 posted on 07/10/2013 8:58:03 AM PDT by imardmd1 (An armed society is a polite society -- but dangerous for the fool --)
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To: imardmd1

I think you would have trouble living in a Constitutional Carry state. You appear to like the idea of begging and standing in line for permission to carry.


8 posted on 07/10/2013 10:29:14 AM PDT by B4Ranch (AGENDA: Grinding America Down ----- http://vimeo.com/63749370)
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To: beaversmom

On that subject, I had a very interesting conversation with Wellcare this morning. It was about my mom and they would not release any information because of HIPAA. I asked her how insurance companies were going to reconcile HIPAA that says you don’t give data except to doctor and patient vs. Deathcare that gives all your information to government agencies.

I got the same answer that I got from DE Congressional delegation, including Biden - nothing! So I said you have a problem, either you cooperate with one law and disobey the other or vise versa. To which she responded: “I’m sure that they’ll fix that”. I told her not to count on it.


9 posted on 07/10/2013 10:55:35 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: B4Ranch
I think you would have trouble living in a Constitutional Carry state. You appear to like the idea of begging and standing in line for permission to carry.

I like it better than conviction as a felon for carrying concealed without a CCDW license. How about you?

10 posted on 07/10/2013 12:13:24 PM PDT by imardmd1
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To: beaversmom
There’s no way to rule innocent men.

Only one innocent person has ever been born, and He's not me. Read your Bible. Ayn Rand doesn't, and can't figure out why we have laws.

Adam only had one law, and it was clear, simple, and only to not do something. But he broke it anyway.

Any baby is thus born a criminal. God be thanked that they cannot exercise their will before they have been partially civilized.

11 posted on 07/10/2013 12:25:22 PM PDT by imardmd1
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To: imardmd1

I don’t believe we need to beg for clearly written rights, ie. “shall not be infringed”. If the majority of the population were to stand up for their rights we would not be in fear of this government.


12 posted on 07/10/2013 1:56:56 PM PDT by B4Ranch (AGENDA: Grinding America Down ----- http://vimeo.com/63749370)
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To: B4Ranch

That’s theory. I live in reality. The Second Amendment only says “arms” — it does not say “all arms.” States have the ability to regulate what arms you may possess and carry, as long as they don’t leave you defenseless, IIRC.


13 posted on 07/10/2013 3:06:36 PM PDT by imardmd1 (An armed society is a polite society -- but dangerous for the fool --)
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