OC with a Class A Misdemeanor

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OC with a Class A Misdemeanor

Postby crgonzalez08 » Thu 23 Feb 2017 3:37 pm

Hi, do you guys know if it will be lawfully OK to OC with a Class A Misdemeanor on record. I got charge with Multiple ID's for having a fake ID in my car that was found on a pull over. I completed successfully all the judge order. I know I can't get a ccw for 5 years, but was wondering if it will be OK to OC with this on my background.
Thank you.
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Re: OC with a Class A Misdemeanor

Postby JoeSparky » Thu 23 Feb 2017 3:57 pm

My understanding is that IF you are legal to OWN or pass the background check at purchase from a FFL you are legal to OC in Utah BUT beware of the Utah unloaded requirement and then there is the Federal gun free school zones extending 1000 ft in all directions from the property line NOT THE BUILDING!

ETA: I am not a lawyer and my opinion is worth exactly what you have paid for it! For a true legal opinion it would be wise to check with an attorney who is well versed in Utah and Federal gun regulations. Remember, I won't be going to jail and the attorney to talk with won't be doing any jail time either. You are the one who will risk the jail time if you get caught breaking the law.
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Re: OC with a Class A Misdemeanor

Postby Cinhil » Sat 25 Feb 2017 12:28 am

If you successfully finished all the court ordered, especially if it was something along the lines of six months without another incident, the the case would be dismissed, you should be good to go however - do pay close attention to the Utah unloaded issue and the 1000 foot rule, which stupidly includes all day cares! Just be cautious as heck.
What part of "Shall not be infringed" is not being abused today!

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Re: OC with a Class A Misdemeanor

Postby crgonzalez08 » Sat 25 Feb 2017 6:34 am

Thank you for the replay guys. I went and download C17-10-503 and I should be Ok, since I am not a restricted person. The only thing that sucks is have to wait 5 years to apply for ccw or 3 years to sponge.... Guess my hopes are more to the 3 year.

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Re: OC with a Class A Misdemeanor

Postby crgonzalez08 » Sat 25 Feb 2017 6:37 am

crgonzalez08 wrote:Thank you for the replay guys. I went and download C76-10-S503 and I should be Ok, since I am not a restricted person. The only thing that sucks is have to wait 5 years to apply for ccw or 3 years to sponge.... Guess my hopes are more to the 3 year.

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Re: OC with a Class A Misdemeanor

Postby DaKnife » Mon 27 Feb 2017 2:22 am

Cinhil wrote:If you successfully finished all the court ordered, especially if it was something along the lines of six months without another incident, the the case would be dismissed, you should be good to go however - do pay close attention to the Utah unloaded issue and the 1000 foot rule, which stupidly includes all day cares! Just be cautious as heck.

No it does not include day cares. Not with the 1000 ft. rule.

Federal law which creates the 1000 foot bubble defines a school zone in USC 18 chapter 44 921 (25) (26)
(25) The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or private school; or

(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

Utah Law includes daycare but does not include the 1000 foot bubble, and in the case of day care if the entire building is not used for the daycare can be restricted to just the rooms used for daycare services.
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Re: OC with a Class A Misdemeanor

Postby Cinhil » Mon 27 Feb 2017 7:28 am

DaKnife wrote:
Cinhil wrote:If you successfully finished all the court ordered, especially if it was something along the lines of six months without another incident, the the case would be dismissed, you should be good to go however - do pay close attention to the Utah unloaded issue and the 1000 foot rule, which stupidly includes all day cares! Just be cautious as heck.

No it does not include day cares. Not with the 1000 ft. rule.

Federal law which creates the 1000 foot bubble defines a school zone in USC 18 chapter 44 921 (25) (26)
(25) The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or private school; or

(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

Utah Law includes daycare but does not include the 1000 foot bubble, and in the case of day care if the entire building is not used for the daycare can be restricted to just the rooms used for daycare services.


Many day cares have what they call a school within them, I have friend who works at such a place, simply because they define a school presence they may be included.
Your guess would be as good as mine if a partiular day care has such a denotation. Not being a lawyer this coud be, or is something which may need further legal definition?
What part of "Shall not be infringed" is not being abused today!

Even Knights had "Modern" weapons!

'Sed quis custodiet ipsos cutodes' ("Who watches the watchmen?”)."
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Re: OC with a Class A Misdemeanor

Postby DaKnife » Tue 28 Feb 2017 3:11 am

If not K-12 it does not qualify. Pre-school is called a school but is not k-12 and is thus not subject to the 1000 ft buffer created only by federal law.
SPOOOOOOON!!!

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