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 Inadvertent felonies: A year and a day for making a mistake 
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 Post subject: Inadvertent felonies: A year and a day for making a mistake
PostPosted: Mon Aug 10, 2009 2:25 pm 
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Location: 12 miles east of Lake Wobegon
Among the major disincentives to carrying is the fact that there are numerous ways to go to prison for making a mistake. Specifically in Minnesota, the recent news reminds us that it is a felony to enter a courthouse with a weapon without proper notification.

Though not a felony, negligent storage is a gross misdemeanor. One might commit this crime by forgetting to lock the car door.

Inadvertently carrying into Wisconsin, Iowa, or Canada, a felony. One might commit such a crime by carrying while sleeping as a passenger in a car when the driver encounters a detour or makes a wrong turn.

Constructive possession types of crimes, where a passenger is presumed to be in possession of a weapon left in a vehicle when the driver is not present, potentially a felony for the passenger if they lack a permit, also potentially a felony for the driver if the passenger is not permitted to possess, e.g. criminal record or not a U.S. citizen or permanent resident.

Carrying past an airport checkpoint, a federal offense.

As tman points out in another thread, the overall experience in law enforcement is that these sorts of mistakes tend to be made fairly frequently, indeed, most people in law enforcement ultimately make these mistakes several times over the course of a career. A friend in federal law enforcement once recounted the story to me of a spouse bringing an agent's carry on to them while they were waiting at the gate; the wrong bag had been selected and in fact was one that contained a weapon which wasn't detected by the checkpoint personnel leading to a "now what" sort of moment.

I think, given that background, that the burden of perfection placed on non-LE gun owners is unrealistic and the resulting penalties too draconian.


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 Post subject: Re: Inadvertent felonies: A year and a day for making a mistake
PostPosted: Mon Aug 10, 2009 5:27 pm 
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Is your title suggesting you can get a "a year and a day" of jail for making a mistake, or rather just "a year and a day" in time when you could make a mistake?

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 Post subject: Re: Inadvertent felonies: A year and a day for making a mistake
PostPosted: Mon Aug 10, 2009 5:33 pm 
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A year and a day is a felony.

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Next MN carry permit class: TBD.

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 Post subject: Re: Inadvertent felonies: A year and a day for making a mistake
PostPosted: Mon Aug 10, 2009 8:41 pm 
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princewally wrote:
A year and a day is a felony.


Oh my mistake, I've never heard that phrase before.

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