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LawTalk
LawTalk, Attorney
Category: Traffic Law
Satisfied Customers: 27889
Experience:  I have 30 years experience in the practice of law, including representation of clients in Traffic Court.
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I recently did a criminal background check on an odd neighbor

Customer Question

I recently did a criminal background check on an odd neighbor who is friends with my girlfriend. He is flashing his concealed firearm (holstered in his sports coat), discussing how great of a shot he is with her, discharging a loaded bullet in the chamber and releasing the clip in his home before putting it into his drawer (which is scaring her).

As an aside-- my advice to her, is obviously, stay away from the guy.

To get to the point: It did concern me enough to run a background check to be on the safe side.

The following appeared, and I'm wondering if I should be concerned:

OFFENSE: SPEEDING 087/65, 20-141(J1)
DISPOSITION: JUDGE (Trial by judge or guilty plea before judge at district court level, guilty plea at superior court level)

OFFENSE DATE: 6/13/2008
DISPOSITION DATE: (was near the Offense Date).

I'm having a hard time understanding what all of this means.

There is also another Criminal Offense in NC that has court records attached, occurred on the same offense date, and the offesne/disposition is Unspecified.

Can you make sense of any of this? Again, should I be concerned, beyond the obvious careless, dangerous, and irresponsible use of a concealed weapon?

Maybe this might be a question for a Criminal Attorney and not a Traffic Lawyer. But I'm not sure what the traffic violation means and perhaps the accompanying charge was traffic related.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Bradley,

I'm Doug, and I'm very sorry to hear of the situation. My goal is to provide you with excellent service today. I answer questions in both traffic law and criminal law---so we are good to go.

The speeding citation was fairly typical, and not indicative of a particularly egregious violation.

The law violated reads as follows:
§ 20‑141. Speed restrictions.(j1) A person who drives a vehicle on a highway at a speed that is either more than 15 miles per hour more than the speed limit established by law for the highway where the offense occurred or over 80 miles per hour is guilty of a Class 2 misdemeanor. As the disposition was near the time of the citation, he most likely just plead guilty to the citation, paid the fine and that was it.

If there was another charge related to the same offense, it could have been a lesser charge that was simply dropped in a plea deal---such as unsafe passing, or even something as minor as a seat belt violation.

As for the exhibition of the firearm---while clearly it is unnecessary, and the deliberate attempt to scare her by unloading the weapon in front of her is inappropriate, he is not violating any laws when doing this in his home---so long as he doesn't discharge the weapon.

If he has a concealed carry license for the firearm in NC, then he is not violating any law by allowing the holster to be seen. In fact, open carry of a firearm is generally allowed in the state, with the exception of some off limit areas.

While the gut seem a bit of an egomaniac, and on a bit of a power craze with the firearm---he doesn't appear to be violating the law. But it might be a good idea for your girlfriend to stay away from him.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

Customer: replied 1 year ago.

I think I may have accidentally hit the wrong area of law. I'm based in Texas. We actually do not have open carry:



Q: Can I carry a firearm on my person?


A: Yes, with proper licensing (Concealed Handgun License) you may carry a pistol or revolver on your person so long as it remains concealed. Long guns (rifles / shotguns) do not have to be concealed, but must be carried in a manner not calculated to cause alarm, and do not require a license.



I'm not sure if I didn't select the right state, or if the state was preselected based on the violation I put into the system.



I really really appreciate your answer, and will pay you for your time.



With the above being said, does that change any of your thoughts?

Expert:  LawTalk replied 1 year ago.

Good afternoon Bradley,

The only state you mentioned was NC. I wasn't aware you wanted Texas law. I've carried concealed in Texas in the past and I am familiar with the laws there.

All of the information concerning NC and the violations there is correct.

While the issuance of a conceal carry license in Texas allows for concealed carry, there is no allowance for open carry and so the intentional flashing of the holstered firearm is technically a violation of law if it occurs in public.

Open carry in TX is allowed only on one's own property, while engaging in sporting activities in which handguns are commonly used---for example in shooting matches and when hunting----and in one's place of business or employment, under certain circumstances.

The part about the guy being a bit out there and to be avoided by your girlfriend---that was based on his demeanor and attitude regarding firearms---not on any specific law.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

LawTalk, Attorney
Category: Traffic Law
Satisfied Customers: 27889
Experience: I have 30 years experience in the practice of law, including representation of clients in Traffic Court.
LawTalk and 2 other Traffic Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Bradley. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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