-->I am not an attorney at law. These entries are for discussion and NOT
legal guidance for which you should consult and attorney.<--
Gale,
Thank you for the vote of confidence, but you underestimate my
ignorance and my trust in my former attorney.
(I was MUCH younger
then.....)
I sold a rental home. On the home was a loan guaranteed by the government. Some of the unused proceeds of the loan (it was a re-finance) were transferred to the new buyer as part of the deal. Voila! FBI at my door!
The FBI agent said it was jail time. Luckily I had proof it was the
attorney who made up the deal.
My NEW attorney took over and I had no further problem; but I was
guilty of a felony - only my paperwork showing I acted in good faith
saved me.
-------------------
All,
2) I have been told (word of mouth) that not paying child support
becomes a felony at some point in some states. How about it guys in
California and New York, is that true?
I also have been told that not having a job is no excuse. If you owe it
you pay or in jail you stay. (Talk about debtor's prison.)
3) The following excerpts from Texas Penal Code chapter 46 may be
interesting.
46.05a (1-9) lists some weapons.
46.01(1-16) describes each weapon.
46.05f indicates all are third degree felonies except a5 & a6 which are
Class A misdemeanor.
-------
A person commits an offense if he intentionally or knowingly possesses
manufactures, transports, repairs, or sells:
a1 = an explosive device; Third degree felony
def: ... designed, made, or adapted for the purpose of inflicting serious
bodily injury or death, or for the principal purpose of causing such a loud
report as to cause undue public alarm or terror, and includes a device
designed, made, or adapted for deliver or shooting an explosive device.
Question: A kid throws a cherry bomb into a crowded school room. It
causes undue public alarm or terror. Is this a felony?
a2 = a machine gun; Third degree felony
def: ... capable of shooting more than two shots automatically, without
manual reloading, by a single function of the trigger.
Question: A malfunctioning pistol fires more than one shot. You’re
working on it at the range, trying in vain to fix it when you get the tap on
the shoulder. Felony?
a3 = a short-barrel firearm; Third degree felony
def: ... rifle with a barrel length of less than 16 inches or a shotgun with
a barrel length of less than 18 inches, or any weapon made from a
shotgun or rifle if, as altered, it has an overall length of less than 26
inches.
Question: Your shorten your pump shotgun to 18.5 inches. Later you
replace the stock with one which has only a handgrip. Felony?
a4 = a firearm silencer; Third degree felony
a5 = a switchblade knife; Class A misdemeanor
def: ... any knife that has a blade that folds, closes or retracts into the
handle or sheath, and that:
a) opens automatically by pressure applied to a button or other device
located on the handle; or
b) opens or releases a blade from the handle or sheath by the force of
gravity or by the application of centrifugal force.
Question: You have a folding knife with an adjustable tension screw on
the blade. It works loose to where Rich’s lovable airport security officer
CAN open the blade with careful but rather violent centrifugal force.
Class A misdemeanor?
a6 = knuckles; Class A misdemeanor
def: ... any instrument that consists of finger rings or guards made of a
hard substance and that is designed, made, or adapted for the purpose of
inflicting serious bodily injury or death by striking a person with a fist
enclosed in the knuckles.
Question: You buy an L-shaped device with a fingerhole advertised as a
weapon. Class A misdemeanor?
a7 = armor-piercing ammunition; Third degree felony
def: ... means handgun ammunition that is designed primarily for the
purpose of penetrating metal or body armor and to be used principally in
pistols and revolvers.
Question: How fast is your hardball? If a handloader makes a hot round
for his 9mm... Third degree felony? Can he say he didn’t know it would
penetrate “body armor”? Which body armor? etc.
a8 = a chemical dispensing device; Third degree felony
def: device, other than a small chemical dispenser sole commercially for
personal protection, that is designed, made or adapted for the purpose of
dispensing a substance capable of causing an adverse psychological or
physiological effect on a human being.
Question: You want to go to Kodiak Island. You buy a big can of the
three million SHU pepper spray. Third degree felony?
a9 = a zip gun; Third degree felony
def: ... a device or combination of devices that was not originally a
firearm and is adapted to expel a projectile through a smooth-bore or
rifled-bored barrel by using the energy generated by an explosion or
burning substance.
Question: A potato gun?
-------------------------------------------
- There are lots of potential felony violations of which we are not aware.
- We must trust the police and courts to have mercy upon the innocent
(but guilty) violator.
- The offenses remain felonies. Many of us could violate a local ordinance, state law, federal regulation without malice or knowledge.
Let’s be careful about advocating strict, “no leeway” penalties. We could commit a non-violent felony due to lack of knowledge or “brain lapse”.
legal guidance for which you should consult and attorney.<--
Gale,
Thank you for the vote of confidence, but you underestimate my
ignorance and my trust in my former attorney.
(I was MUCH youngerthen.....)
I sold a rental home. On the home was a loan guaranteed by the government. Some of the unused proceeds of the loan (it was a re-finance) were transferred to the new buyer as part of the deal. Voila! FBI at my door!
The FBI agent said it was jail time. Luckily I had proof it was the
attorney who made up the deal.
My NEW attorney took over and I had no further problem; but I was
guilty of a felony - only my paperwork showing I acted in good faith
saved me.
-------------------
All,
2) I have been told (word of mouth) that not paying child support
becomes a felony at some point in some states. How about it guys in
California and New York, is that true?
I also have been told that not having a job is no excuse. If you owe it
you pay or in jail you stay. (Talk about debtor's prison.)
3) The following excerpts from Texas Penal Code chapter 46 may be
interesting.
46.05a (1-9) lists some weapons.
46.01(1-16) describes each weapon.
46.05f indicates all are third degree felonies except a5 & a6 which are
Class A misdemeanor.
-------
A person commits an offense if he intentionally or knowingly possesses
manufactures, transports, repairs, or sells:
a1 = an explosive device; Third degree felony
def: ... designed, made, or adapted for the purpose of inflicting serious
bodily injury or death, or for the principal purpose of causing such a loud
report as to cause undue public alarm or terror, and includes a device
designed, made, or adapted for deliver or shooting an explosive device.
Question: A kid throws a cherry bomb into a crowded school room. It
causes undue public alarm or terror. Is this a felony?
a2 = a machine gun; Third degree felony
def: ... capable of shooting more than two shots automatically, without
manual reloading, by a single function of the trigger.
Question: A malfunctioning pistol fires more than one shot. You’re
working on it at the range, trying in vain to fix it when you get the tap on
the shoulder. Felony?
a3 = a short-barrel firearm; Third degree felony
def: ... rifle with a barrel length of less than 16 inches or a shotgun with
a barrel length of less than 18 inches, or any weapon made from a
shotgun or rifle if, as altered, it has an overall length of less than 26
inches.
Question: Your shorten your pump shotgun to 18.5 inches. Later you
replace the stock with one which has only a handgrip. Felony?
a4 = a firearm silencer; Third degree felony
a5 = a switchblade knife; Class A misdemeanor
def: ... any knife that has a blade that folds, closes or retracts into the
handle or sheath, and that:
a) opens automatically by pressure applied to a button or other device
located on the handle; or
b) opens or releases a blade from the handle or sheath by the force of
gravity or by the application of centrifugal force.
Question: You have a folding knife with an adjustable tension screw on
the blade. It works loose to where Rich’s lovable airport security officer
CAN open the blade with careful but rather violent centrifugal force.
Class A misdemeanor?
a6 = knuckles; Class A misdemeanor
def: ... any instrument that consists of finger rings or guards made of a
hard substance and that is designed, made, or adapted for the purpose of
inflicting serious bodily injury or death by striking a person with a fist
enclosed in the knuckles.
Question: You buy an L-shaped device with a fingerhole advertised as a
weapon. Class A misdemeanor?
a7 = armor-piercing ammunition; Third degree felony
def: ... means handgun ammunition that is designed primarily for the
purpose of penetrating metal or body armor and to be used principally in
pistols and revolvers.
Question: How fast is your hardball? If a handloader makes a hot round
for his 9mm... Third degree felony? Can he say he didn’t know it would
penetrate “body armor”? Which body armor? etc.
a8 = a chemical dispensing device; Third degree felony
def: device, other than a small chemical dispenser sole commercially for
personal protection, that is designed, made or adapted for the purpose of
dispensing a substance capable of causing an adverse psychological or
physiological effect on a human being.
Question: You want to go to Kodiak Island. You buy a big can of the
three million SHU pepper spray. Third degree felony?
a9 = a zip gun; Third degree felony
def: ... a device or combination of devices that was not originally a
firearm and is adapted to expel a projectile through a smooth-bore or
rifled-bored barrel by using the energy generated by an explosion or
burning substance.
Question: A potato gun?
-------------------------------------------
- There are lots of potential felony violations of which we are not aware.
- We must trust the police and courts to have mercy upon the innocent
(but guilty) violator.
- The offenses remain felonies. Many of us could violate a local ordinance, state law, federal regulation without malice or knowledge.
Let’s be careful about advocating strict, “no leeway” penalties. We could commit a non-violent felony due to lack of knowledge or “brain lapse”.