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Open carrying confused....

backenj

Regular Member
Joined
Apr 8, 2012
Messages
82
Location
Muskegon,Mi
Need to quote somebody so people know what your talking about.
Oh,sorry. Since this thread was about Bubba72 and his CPL and having a misdemeanor stopping him from getting it, I assumed logic would dictate the comment was meant for him. And by "him" I am referring to Bubba72. My bad.

:lol:
 

Bubba72

Regular Member
Joined
Aug 13, 2012
Messages
17
Location
Romulus, Michigan
i could get it expunged but i was told it would have to be after 8yrs and since it's only been 6 1/2 yrs i guess that isn't going to work. so i guess i'll leave it on my record and wait another 1 1/2yrs to do so, but then that'll mean more lawyer fees and they aren't cheap.

unless the "expunged" comment wasn't directed and meant for me?
 

Bubba72

Regular Member
Joined
Aug 13, 2012
Messages
17
Location
Romulus, Michigan
sorry if it does take me some time to check the thread and reply, i've been goin 12hr days at work and 7 days a week and i can't always get online to check and post, i'll try to do better in the future.....

gonna see if i can have future posts on this thread or any others that i might chime in on, gonna figure that out now....
 

backenj

Regular Member
Joined
Apr 8, 2012
Messages
82
Location
Muskegon,Mi
Ummmm, no. It was for you.


780.621 Application for order setting aside conviction; setting aside of certain convictions prohibited; time and contents of application; submitting application and fingerprints to department of state police; report; application fee; contest of application by attorney general or prosecuting attorney; notice to victim; affidavits and proofs; court order; definitions.

Sec. 1.

(1) Except as provided in subsection (2), a person who is convicted of not more than 1 offense may file an application with the convicting court for the entry of an order setting aside the conviction. A person who is otherwise eligible to file an application under this section is not rendered ineligible by virtue of being convicted of not more than 2 minor offenses in addition to the offense for which the person files an application.

(2) A person shall not apply to have set aside, and a judge shall not set aside, a conviction for a felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment, a conviction for a violation or attempted violation of section 145c, 145d, 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.145c, 750.145d, 750.520c, 750.520d, and 750.520g, or a conviction for a traffic offense.

(3) An application shall not be filed until at least 5 years following imposition of the sentence for the conviction that the applicant seeks to set aside or 5 years following completion of any term of imprisonment for that conviction, whichever occurs later.



Time wise your good. A couple years back a friend of mine had a misdemeanor expunged, and if I remember correctly it was about $250. He had bottle rockets. I wonder what would have happened to it (misdemeanor) when the law changed. Would it have gone away?
 

Bubba72

Regular Member
Joined
Aug 13, 2012
Messages
17
Location
Romulus, Michigan
so it was possible because i had applied to early upon the conviction of the misdimeanor ticket? if so, then the lawyer i got to fight the ticket told me wrong information, i specifically aske dhim if this would stop me from getting a cpl and told that it wouldn't but to wait at least 6 months before i applied....
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
I wonder what would have happened to it (misdemeanor) when the law changed. Would it have gone away?

Nope, even if the law changes between being charged and convicted. Even if you commit a crime and 5 minutes later the law changes, you can still be found guilty. Think how happy a 20 year old would be if cited 5 minutes before midnight he or she is cited for possession of alcohol. For a good friend if mine, it was a painful lesson.
 

smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,307
Location
Troy, Michigan, USA
THANK YOU. (wish there was a kissing smiley) I knew I wasnt crazy!
you ARE crazy... it's not for ANY felony, read it again:

"Immediate stopping of the fleeing felon, whether actually or presumably dangerous, was deemed absolutely necessary for the security of the people in a free state, and for maintaining the "public security."

so there are clearly situations where a fleeing felon will not meet these standards
 
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backenj

Regular Member
Joined
Apr 8, 2012
Messages
82
Location
Muskegon,Mi
Nope, even if the law changes between being charged and convicted. Even if you commit a crime and 5 minutes later the law changes, you can still be found guilty. Think how happy a 20 year old would be if cited 5 minutes before midnight he or she is cited for possession of alcohol. For a good friend if mine, it was a painful lesson.

Hypothetical. If I get arrested for possession of marijuana tomorrow and next week the feds decriminalize it, what crime would I be tried for?
 

NHCGRPR45

Regular Member
Joined
May 30, 2010
Messages
1,131
Location
Chesterfield Township, MI
Writing bad checks is a felony. Adultery is a felony. Carrying an unlicensed concealed weapon is a felony.

So we should be able to fire on anybody we see engaging in any of the above? That's lunacy.

Bronson

Yes I agree, not every felony is grounds for a deadly force response. Except if the person writing the bad check is making it out to me:p

Hypothetical. If I get arrested for possession of marijuana tomorrow and next week the feds decriminalize it, what crime would I be tried for?

You answered your own question.
 
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DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
You answered your own question.

We get so good at asking/answering rhetorical questions because, at least when dealing with Anti-2A thought processes, because almost every question like "Do you think you need a firearm here" is answered by us... having a firearm here.
 
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