Can a person whom is a Bondsman still own and or have a concealed weapon if he was convicted of criminal threatening with a gun?

It depends on the state where you live and the judges orders. Most states do a background check to see if you have any related convictions before you can get a permit. If you're not on probation and judge hadn't said otherwise it wouldn't hurt to try to get your permit, the worst they can do is say no.

No need to post twice... see your other post:

https://www.askmehelpdesk.com/criminal-law/can-person-still-own-have-conceald-weapon-if-he-has-been-convicted-communi-466725.html#post2327299

It depends on the state where you live and the judges orders. Most states do a background check to see if you have any related convictions before you can get a permit. If you're not on probation and judge hadn't said otherwise it wouldn't hurt to try to get your permit, the worst they can do is say no.

The state in North Carolina...

Hello deb:

It only depends on whether the conviction was a felony or a misdemeanor. If it's a felony, federal law prevents him from owning a firearm. It doesn't matter what state he lives in. If the conviction was only a misdemeanor, then LOCAL laws apply.

excon

Hello deb:

It only depends on whether the conviction was a felony or a misdemeanor. If it's a felony, federal law prevents him from owning a firearm. It doesn't matter what state he lives in. If the conviction was only a misdemeanor, then LOCAL laws apply.

excon

Well... all I know is that he was given a summons to appear to court for communicating threats. Soooooooo... I guess that's a midemeanor?? He threatened to kill me with his gun if I went into my purse. I was in his office for business purposes. He had me arrested for 2nd degree tresspassing. I have NEVER been arrested before. I feel very embarrassed as well as angry about this whole thing. What is the punishment for 2nd degree tresspassing? Can I go to jail for this?

Thanks!

Hello again, deb:

Well, I don't know anything about that. But, if they're charging you with a crime, you can go to jail. I'd hire a lawyer.

excon

Well... all I know is that he was given a summons to appear to court for communicating threats. Soooooooo... I guess that's a midemeanor?? He threatened to kill me with his gun if I went into my purse. I was in his office for business purposes. He had me arrested for 2nd degree tresspassing. I have NEVER been arrested before. I feel very embarrassed as well as angry about this whole thing. What is the punishment for 2nd degree tresspassing? Can I go to jail for this?

Thanks!

Your opening post suggested that he has been convicted. Are you now saying he has only been charged? That's different.

North Carolina General Statutes:

§ 14‑32. Felonious assault with deadly weapon with intent to kill or inflicting serious injury; punishments.

(a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon.

(b) Any person who assaults another person with a deadly weapon and inflicts serious injury shall be punished as a Class E felon.

(c) Any person who assaults another person with a deadly weapon with intent to kill shall be punished as a Class E felon.http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-32.html

So, if he were convicted of this he would be a convicted felon and under Federal law unable to own a firearm. State law as well:


§ 14‑415.1. Possession of firearms, etc. by felon prohibited.

(a) It shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S. 14‑288.8(c). For the purposes of this section, a firearm is (I) any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined in G.S. 14‑409.11.

Every person violating the provisions of this section shall be punished as a Class G felon.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.1.html

As for your charge:

§ 14‑159.13. Second degree trespass.

(a) Offense. – A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:

(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or

(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.

(b) Classification. – Second degree trespass is a Class 3 misdemeanor. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-159.13.html

I don't see where the possible punishment for a Class 3 misdemeanor is spelled out (http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0014), but I'm guessing jail is a possibliity.

Yes, first if he was concerned about you reaching into your purse ( must have been a heated discussion) I doubt he would be convicted of anything. This would be common with a police officer and bondsmen fall into a more shadow area, not police, but yet if you have a bond with them, the contract you sign gives away a lot of your rights to them..

Also if you did not go and testify against him, then the charges were dropped after the DA reviewed them most likely.

If you were in his office and would not leave, yes you could be tresspassing, most likely fine and probation for first offense

yes, first if he was concerned about you reaching into your purse ( must have been a heated discussion) I doubt he would be convicted of anything. This would be common with a police officer and bondsmen fall into a more shadow area, not police, but yet if you have a bond with them, the contract you sign gives away alot of your rights to them..

Also if you did not go and testify against him, then the charges were dropped after the DA reviewed them most likely.

If you were in his office and would not leave, yes you could be tresspassing, most likely fine and probation for first offense

I hired the bondman to take out a bond on someone else not myself. He just blew up after I made a comment to him about how his demeaner changed when another bondsman had entered the room. It was almost like he was showing off to the other bondsman by being mean to me. He did in fact show up at court as did I. The case has been continued until next month. We are obtaining the 911 tape which has him threatening me on it. The 911 operator heard everything cause phone was on speaker phone.

Your threatening, his saying he was merely protecting hisself from possible danger.

As a police officer I have pulled my weapon many times when someone started reaching into the back of their car, or into a purse or pocket if they were upset and it appeared there could be a problem.

I guess from what I have read here, I go with the bondsmen,
And remember he knows all of the judges well, since he is licensed in their courts.