Legal help please

[GunLawyer001]

Could it be a case of "Let's scare the (probably ignorant) defendant(s) with a long list of charges, even if some of them don't really apply to the actual facts"?

It's about 50/50 between that, and the ADA not having a clue about the UFA. With a couple weasel points left over for "we're don't have all the facts", which is common when you summarize a complex incident in 100 words or less.

[knight0334]

My son and friend both over the age of 18.
decided it would be a good idea to fire an ak47 in a residential area in Delco
while being intoxicated at around 3 am of course they were caught.
however neither had that rifle or any other weapon on them. the rifle was on the ground loaded approx. 15 feet from my son
the charge they were given was
Son 20
friend 21

Stat.18, sec. 6106, sub A 1 count Grade M1
Stat. 18 Sec. 0907 sub. A Grade m1
Stat 18 Sec. 2705 Grade M2 no sub listed
Stat 18 sec 5104 Grade m2 no sub listed
Stat 18 Sec.3304 subA1 Grades S
Stat 18 sec5503 Sub A4 Grade s
Stat 18 sec 5505 Grade s no sub listed
The first one is my question I was under the assumption section 6106 deals with concealment of a firearm
also is it legal to have a loaded rifle concealed or unconcealed
Both dipshits admitted to firing the rifle total 5 times combined amount
and drinking
Neither were tested
both read rights
Gun was owned legally
The only reason my son got the resist was because he didn't hear the cop do to the ringing in his ears and he had his back turned to him with his cell up to his ear he was tazered
both were completely compliant there after
Both got their asses handed to them after I bailed them
My son has always been a good person and has never been in any trouble before with anything
The only reason I listed all the other offences was so the picture was clear
but my main concern is the first charge
Any help would be greatly appreciated If it is easier to talk by phone pm and I send my number
we do have a lawyer
Sincerely
Wayne

Concealment can be an issue under 907 if they conceal the weapon with intent to commit a crime.

What needs to be addressed with that is: was the weapon concealed? And was there intent to commit a crime?

[thundrr1]

Did they "hide" the rifle, 15 feet away from them,,,,,I think not.

[thundrr1]

We all know that we have two versions,,,, the kids version and the popo version and neither of them are complete truths. Maybe one of them are true, but we don't know that for a fact.

Good luck with this.....

[Cb1000h@hotmail.com]

Just to let everyone know both kids got there ass handed to them by me personally
This is coming from former military I don't play pussy foot games with my kids
My son was well trained in gun safety by me and by the professional staff at the range since he was young
so this completely took me by surprise needless to say that's no excuse
and he will be paying for the loss of trust for a long time

Spoke with my lawyer about an hour ago and most of the charges including the gun charge should be dropped in his opinion
One of the arresting officers even wrote to him in behalf of my son and his friend

To answers some of the questions It was indeed a full sized AK 47 rifle
laying in plain sight on the driveway
My sons back was turned away from the officer that tazzed him as he was crouching facing other officers approaching him

I want to thank everyone who responded and helped out even if it was to offer words of encouragement
Thank you all and rest assure this will not be delt with lightly in this house hold.
We take gun ownership and gun safety very very seriously
I will keep everyone updated
Sincerely
Wayne

[thundrr1]

Wayne,,,, a pleasure talking with you.

Phil,,,, you'll enjoy talking to a well informed gun owner.




Again,,,,, good luck with this...

[Cb1000h@hotmail.com]

Thanks George
Spoke with Phil and gained some more insight
I think things will work out for the better. atleast I hope so
Wayne

[thundrr1]

The "other version" of the story...http://www.delcotimes.com/articles/2...e592474115.txt

NETHER PROVIDENCE — A number of residents living near the Thomas Leiper House were awakened early Saturday by the sound of gunfire.

Police said it was the work of two allegedly inebriated men playing around with a loaded AK-47 in the woods surrounding the historic home on Avondale Road.

Jacob Alan Roberts, 20, of Media, and Christopher Lamon, 22, a resident of the Leiper House, are now behind bars charged with firearms violations and related offenses in connection with the early morning incident.

According to the affidavit of probable cause, several township residents called 911 at about 1:28 a.m. Saturday reporting they heard gunshots coming from the woods near the Leiper House. Officer Richard Suber was first on the scene. He pulled into the parking lot, turned on his vehicle’s side spotlight and saw a man, later identified as Roberts, duck behind a black Jeep. Suber called for backup.

When Swarthmore Officer Joseph McGinnis pulled up, he and Suber saw Roberts move to the front of the Jeep. Suber took cover behind a cement fixture and saw Roberts near the Jeep with his back to him. Officer James Irey arrived and took cover behind a tree. He yelled out to Roberts, identifying himself as a police officer, and ordered him to come out from behind the Jeep.

Roberts allegedly ignored the officer’s orders, crouching down behind the engine block with a black object in his right hand.

Irey again ordered Roberts to come out with his hands up, distracting him, while Suber and McGinnis inched toward him. When close enough, Suber deployed his Taser, striking Roberts in the back. Roberts fell to the ground and dropped a black cellphone he had been holding in his right hand, the affidavit states.

According to the court document, Roberts smelled strongly of alcohol. He was handcuffed and placed under arrest. Next to him on the ground, police found a loaded AK-47 assault rifle with 15 rounds in the magazine, the affidavit states. On the front sight of the firearm was a fixed bayonet, police said in the complaint.

With assistance from Media police and a K-9 officer from Chester, the area was searched for other suspects. Lamon was found hiding in the brush and was arrested. According to the affidavit, Lamon told police he was the one who was shooting.

An empty AK-47 magazine was found on a step at the rear of the property. A fire pit surrounded by several chairs and a number of empty beer cans were also discovered on the property.

Roberts allegedly told police he and Lamon were along the roadside shooting the assault rifle into the side of the hill. Suber and William Murphy, Chester’s K-9 officer, located five empty shell casings a quarter-mile down the hill.

Concerned there may be more suspects, police secured the Leiper House. They spoke with two individuals in the house, who signed a form to allow the officers to conduct a consent search. In Lamon’s upstairs bedroom, police found a fully loaded Taurus 9 mm handgun, a loaded Remington 12 gauge shotgun and a glass jar containing suspected marijuana.

Both men were arraigned on charges including firearms not to be carried without a license, possession of an instrument of crime, and reckless endangerment. Lamon was also charged with drug possession and Roberts with resisting arrest and public drunkenness. Each is being held on 10 percent of $100,000 bail.

Roberts and Lamon have preliminary hearings before Magisterial District Judge Stephanie Klein on Monday.

[IHDiesel73L]

The "other version" of the story...http://www.delcotimes.com/articles/2...e592474115.txt

Wow...

[freesoul]

They spoke with two individuals in the house, who signed a form to allow the officers to conduct a consent search.

why the fuck do people do stupid shit like this!