Asked to Come to State Police Barracks *Updated Post #93

[Will3212]

According to what hes saying the person trying to buy a gun went to see a SW voluntarily at 18 for therapy, how does that prohibit gun ownership?

[eagleclaw]

According to what hes saying the person trying to buy a gun went to see a SW voluntarily at 18 for therapy, how does that prohibit gun ownership?

The OP is not the person in question. Therefore we don't know the whole story.

[SigForLife]

Needs to lawyer up, ASAP and STOP talking to LE

[GunLawyer001]

The purpose of the police asking him to come in, is to get him to provide evidence that he "knowingly" lied on the form, and on the Challenge Form. They get this in a friendly manner, by chatting and getting him to admit that he remembers the incident that he denied on the forms.

Once they have that admission, they have their prima facie case against him. It was an unsworn, written statement on the 4473 and on the Challenge, it was false, he knew it was false because he recalls the incident.

He might talk and still help himself, but not if he lies, not if he doesn't know their game. It's like playing poker in a group where you're the only person who doesn't know how it's played; you'll lose.

The time to invest a little money in this is now, when it's a little money for lawyers. Not later, AFTER he's given them the case to use against him, because they know exactly what they need and he doesn't. At that point it's a full legal defense, with preliminary hearing and arraignment and conferences and research and document prep and phone calls and more conferences and a trial, all of which constitute lucrative billable hours.

[Will3212]

What if he doesnt go to the station? Arrest warrant?

[scruff]

What if he doesnt go to the station? Arrest warrant?

If they had grounds to arrest him, he'd already be arrested.

[GunLawyer001]

If they had grounds to arrest him, he'd already be arrested.

If they arrest him, they have to Mirandize him before asking questions. Their goal is to trick him into incriminating himself, so they have a better case.

[Carson]

If they arrest him, they have to Mirandize him before asking questions. Their goal is to trick him into incriminating himself, so they have a better case.

If he just goes in for *questioning* and they don*t Mirandize him, can they use his statements against him?

Of course he should have a good lawyer and if they Mirandize him, counsel him on every question.


I always had some arrestees refuse to give me their name, address, DOB, etc. saying I didn*t read them their rights. I told them I don*t have to for this, the detective will, if they question you about the incident.

A lot of the cop TV shows educated many street corner lawyers.

[GunLawyer001]

If he just goes in for *questioning* and they don*t Mirandize him, can they use his statements against him?

Of course he should have a good lawyer and if they Mirandize him, counsel him on every question.


I always had some arrestees refuse to give me their name, address, DOB, etc. saying I didn*t read them their rights. I told them I don*t have to for this, the detective will, if they question you about the incident.

A lot of the cop TV shows educated many street corner lawyers.

As you know, non-custodial interrogations don't trigger Miranda. If he's "free to go", they can pump him for info without warning him that he's digging his own grave.

[Will3212]

As you know, non-custodial interrogations don't trigger Miranda. If he's "free to go", they can pump him for info without warning him that he's digging his own grave.

If he's "free to go", and law enforcement didnt read him Miranda rights, can what he say still be used against him in court?