Anyone...

**Jay2125** · April 4th, 2013, 09:46 AM

When I went for my renewal I aske about a grace period since they were so busy she said there wasn't one. Thanks for pointing it out though ill do some research on it.

**tl_3237** · April 4th, 2013, 10:58 AM

Originally Posted by soberbyker

Isn't that referring to if you were arrested for carry without a license and that the 6 month thing would be an arguable defense, not that you get a 6 month extension?

Technically YES though it sorta a de facto extension in many senses. As with any exception, it's incumbent on the defendant to prove he qualifies. All the 6106 exceptions (LEOs, Military on-duty, range, etc) and Federal FOPA transport are, in fact, defenses since it would not be incumbent on the DA to prove, as a criminal element, that ALL of those excepted situations are inapplicable.

The elements of the 6106 violation that a DA must prove is:

1. person carried a firearm in any vehicle or concealed on or about his person,
2. person is not in his place of abode or fixed place of business,
3. person does not hold a valid and lawfully issued license under this chapter (Ch 61).

That said, it would be foolish for a DA to move forward with charges when there is a clear statutory affirmative defense available to the defendant.

The 'arrest' reference in the sub-section is there solely to provide definitization of the expiration date of the exception. All the exceptions presume an 'arrest' was made.

**soberbyker** · April 4th, 2013, 01:30 PM

Originally Posted by tl_3237

Technically YES though it sorta a de facto extension in many senses. As with any exception, it's incumbent on the defendant to prove he qualifies. All the 6106 exceptions (LEOs, Military on-duty, range, etc) and Federal FOPA transport are, in fact, defenses since it would not be incumbent on the DA to prove, as a criminal element, that ALL of those excepted situations are inapplicable.

The elements of the 6106 violation that a DA must prove is:

1. person carried a firearm in any vehicle or concealed on or about his person,
2. person is not in his place of abode or fixed place of business,
3. person does not hold a valid and lawfully issued license under this chapter (Ch 61).

That said, it would be foolish for a DA to move forward with charges when there is a clear statutory affirmative defense available to the defendant.

The 'arrest' reference in the sub-section is there solely to provide definitization of the expiration date of the exception. All the exceptions presume an 'arrest' was made.

Nonetheless, the cop on the street isn't going to care about the possible outcome, the 6 month "extension" isn't until after you've been arrested, so while you will more than likely beat the charge, you'd still be arrested for it to come into play.

My point is that you don't just get to walk around with an expired license and think all will be well if you're stopped and questioned.

**tl_3237** · April 4th, 2013, 01:53 PM

Originally Posted by soberbyker

Nonetheless, the cop on the street isn't going to care about the possible outcome, the 6 month "extension" isn't until after you've been arrested, so while you will more than likely beat the charge, you'd still be arrested for it to come into play.

My point is that you don't just get to walk around with an expired license and think all will be well if you're stopped and questioned.

Agree.....

**thaghost87** · April 10th, 2013, 09:16 AM

Spoke to the sheriffs office today, their up to March 1st

**Sgt.K** · April 10th, 2013, 09:23 AM

Originally Posted by thaghost87

Spoke to the sheriffs office today, their up to March 1st

Wow, down to 40 days...

**AwesomeMarcel** · April 10th, 2013, 05:26 PM

I applied Feb 14th and still have not gotten mine.

**mmbruce10** · April 10th, 2013, 08:30 PM

Originally Posted by thaghost87

Spoke to the sheriffs office today, their up to March 1st

Heck yeah!

**mpan72** · April 10th, 2013, 09:37 PM

Originally Posted by soberbyker

Nonetheless, the cop on the street isn't going to care about the possible outcome, the 6 month "extension" isn't until after you've been arrested, so while you will more than likely beat the charge, you'd still be arrested for it to come into play.

My point is that you don't just get to walk around with an expired license and think all will be well if you're stopped and questioned.

I think biker has a very good point here. I know I will be much more clear when I point out the statute in the future.

**thaghost87** · April 10th, 2013, 09:59 PM

Originally Posted by AwesomeMarcel

I applied Feb 14th and still have not gotten mine.

Yea, it's weird,.I applied feb 21st and haven't received a letter yet. They said just go in and their tell you your status.

My guess is they did mid feb to end of feb apps last Thursday thru Tuesday because I called last Friday and they said they wouldn't get to the 21st until this week.