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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Im an armed security guard at private company. Weapons certification

Resolved Question:

I'm an armed security guard at private company. Weapons certification is required annually (had license for over 10 years). Took most recent certification at a school which has since been exposed as a scam/illegitimate. State rep came and took my gun permit away Monday and now my employer has suspended me and said I might be arrested for "defrauding the State." I took a class (like many others) at a school I thought was legitimate. Found official certification paperwork (for my training session) where school owner completed the form and I simply signed it. However, I noticed today that gun school owner who completed the form said I used a .38 when we really only used a pellet gun.

Very scared. Can I really be arrested or was my employer just spouting angry hyperbole?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

First, if you had no knowledge or participation in the scam and merely attended the school not knowing it was a scam, then they cannot charge you with anything. In order to charge you they have to prove you knowingly participated in a scam with intent to defraud the state license bureau.

Second, you can file suit against the school for fraud, which should be your next step and for all the losses you are incurring.

Finally, you need to immediately sign up for a new class and get certified again because you need to do this to mitigate your damages from this school's scam.




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Customer: replied 1 year ago.

The school was "outed" because the actual firing test part of the certification class was not what was required (we used a pellet gun indoors whereas the state apparently requires the use of live ammo at a firing range)


 


My biggest concern is that I signed the paperwork (which again the school owner completed on my behalf) to submit to the state to confirm that I had taken the required annual training -- and that the incorrect gun is listed (we used a pellet gun in the class, not my .38). Could that be perceived as "knowledge or participation" on my part? The sad reality is I simply didn't think twice to look closely at what he filled out before I signed it.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

It is possible that you could be charged with filing false public records or even perjury if the document stated it was signed under penalty of perjury, but in most of these cases it is the school they are after, not the students who were doing what the school told them was okay.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91829
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 6 other Criminal Law Specialists are ready to help you

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Law Educator, Esq.
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