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Court Decides DWI Case Where Weapons Were Involved


The respondent in this case had a license to carry firearms. The same license was suspended by order of the court. All guns owned by the respondent were to be turned over to the sheriff’s department pending the hearing of the case. The permit to carry firearms was reinstated after the proceeding of a DWI charge.

The court was tasked to determine the circumstances leading to the arrest of the respondent. According to the witness who was also the arresting officer, he arrived at the house of the respondent as back up. The officer had responded to a call made on the emergency hotline involving a dispute between a husband and wife. When the officer spoke to the husband and also the respondent in this case, the respondent said that it was his wife’s fault. The respondent claimed that his wife assaulted him. He did not do anything to his wife. The officer noted the behaviour of the respondent as uncooperative. The respondent kept on telling the officer to get out of the house.

A New York Criminal Lawyer said that the officer also noted that respondent showed signs of intoxication. The officer arrested the respondent for his disorderly behaviour. During the investigation of the police regarding the dispute, the respondent kept on harassing his wife and the officers present. Upon arrest, the respondent was brought to the court to be arraigned. The respondent continued to be in an unruly mood while inside the premises of the court. The charge at this point was changed to obstruction. At the request of the respondent’s wife, the court granted an order of protection. The officer imposed the order by seizing the guns of the respondent.

After the serving of the order of protection, the obstruction charge was withdrawn. The respondent was presented with the condition that the order of protection will be dropped if he will surrender his license to carry firearms. The respondent is arguing in this case that his permit was already surrendered as ordered by the court.

When the court deputy arrived at the house of the respondent, he noted that the respondent was intoxicated since he had slurred speech and glass eyes. He also spoke obscene words in front of the deputy. The deputy explained that he responded to a domestic dispute call and was there to enforce the order of protection. The respondent was then arrested for violating the order of protection. Another officer arrived at the scene and noted the bruises and scratches on the respondent’s wife.

Based on the facts presented in the case, a Long Island Criminal Lawyer said that the provisions of the law state that a gun permit may be revoked if the owner is unfit to own a gun. The court has declared the respondent to be unfit. The proof required to revoke the license must be substantial evidence. The court has the responsibility to protect the public from the threat of unfit gun holders. If the gun owner is declared unfit therefore the guns may be considered dangerous under his possession.

The respondent has been found by the court to have credibility issues due to his intoxication and domestic disputes. The respondent had violated the order of protection and proceeded to hurt his wife anyway. The revoked license was determined by the court to have substantial evidence. The court also ordered that any guns taken due to a decision of a former case must be surrendered and transferred to another person who was fit to carry a gun permit.

The respondent was ordered by the court to arrange the transfer or sale of the guns to another individual with a permit. An appeal may be made on this decision.

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