Topic: Day case surgery meaning
July 19, 2019 / By Algoma Question:
OK, so a friend of mine revealed a slightly horrifying fact to me the other day.
His uncle went to prison, convicted of spousal abuse and resisting arrest. He says his uncle claims he just had her in a headlock, and not a choke hold like the local police claim.
His uncle is a Vietnam veteran, ex marine, and has had many surgeries on his back, and is in pain constantly, taking large amounts of hospital-grade prescription pain killers (Morphine doesn't even work on him anymore).
My buddy told me the other day that a gun case and ammo for a gun, judging from the ammo a winchester revolver 38, appeared in the living room a few days ago, the room where, 'coincidentally', his uncle spends most of his time. Now, the only other people who live in the house, is an 80 something year old WWII vet who can barely get up anymore and can't even properly hold a cup of coffee; his 60 something year old grandmother; and himself, where as he's just year below being able to legally own a handgun.
The location is California...
I'm wondering if the family, which is nigh dependent on the checks that comes in for the uncle to stay afloat, will be convicted or charged for harboring something illegal. Two things, actually.
Far as I can tell, my friend seems to be afraid of his uncle snapping one day with the narcotic pain killers he's been prescribed (though he takes more than the recommended dosage), like he did with his wife, and killing them all... Particularly because he has gone on semi-psychotic and paranoid rants, three of which I've been present too, mostly concerning with the family is trying to get rid of him or his dog (which he treats more like a son than a dog).
Now, I know the man, my buddy and I have been friends for years... The old guy's a lying, exaggerating, "I've got the biggest and best stories and I'm better than all of you" macho, as well as racist, mentality.. Never mind the fact that my pal's girlfriend is half Mexican, and he's make several racist comments to me already.
Personally, I'm concerned for my friend's safety, as well as his grandmother's, they're cool people... But with the economy as it is, particularly in California, and the fact that he can't even get his foot in the door of the job market... Meaning that they're practically dependent on his uncle's checks to keep the power on and the food on the table... I'm not sure if I want to call the police for fear of getting all of them convicted, or winding up homeless.
So, please, I have to know... Would him and his grandmother (great grandfather's pretty much got Alzheimer's, so I don't think he's got anything to worry about) get in trouble if I were to call the cops?
Legal profession only please, like lawyers, veteran cops, etc. Non legal professionals will be ignored...
To make sure that people have actually read this, please include WTF045 at the end or beginning of your answer. Too many people on here answer after reading just two or three sentences.
Tyrell | 7 days ago
The firearm is not illegal (at least, from what you have said), it is the felon who breaks the law by possessing it. The only way others could be liable is if they actively assist him in breaking the law, in which case they could be charged as an "aider and abettor." Under the circumstances you describe, it does not sound like they are engaged in that kind of conduct.
However, if you are concerned with these folks continuing to get money from uncle, then you probably do not want to have uncle arrested. The best course would appear to be to remove the weapon and dispose of it.
There are some great arguments here. Great question Curious. As a retired Cop it may surprise some that tend to go the way of Mountain Man on this issue. There is a problem with a person paying their debt to society, but living the rest of their lives as a second class citizen, because we forget that they can't vote either. I can see where they would have a lack of loyalty to the community and this could lead to a new violation. I also see some credence with keeping firearms out of the hands of those of convicted violent crimes, which by the way we already do with those convicted of Domestic Violence. However, considering how easy it is for a person to get set up on a Domestic Violence rap, I have some doubts about this law. I could maybe see a 1 year waiting period, or something similar. What I fear the most is that the government is figuring out a way to disarm the public one segment at a time. Just look at their successful campaign to ostracize tobacco users. When they destroy the rights of one segment, when will they be after yours. A person charged with killing someone while drunk driving can eventually get their license back and buy a new car. Isn't there something hypocritical about this. I don't see any big changes in the near future, but this makes for healthy debate. I think our legal system, like any good church, needs a good reformation on occasion. I would strongly advise everyone to stop joining the government in stripping the rights from other groups, regardless if you like them or not. Otherwise you are just a tool of the propaganda.
If the gun is in the possession of the uncle he would most certainly be arrested and charged with unlawful possession of a firearm by a felon. Once you have any felony conviction, you lose your rights to posses a firearm for life.
The other parties in the house don't appear to be doing illegal. For the sake of argument, if the gun belong sto another party in the house, no law was broken assuming that they bought the gun legally and have it registered in their name. If, however, someone else in the house bought the gun legally and then gave it to the uncle, that could be considered an unlawful transfer of a firearm.
Lastly, if your friend is the only person in the house who is neither elderly or incompetent and it is determined that the people in the house are in danger and your friend has failed to act, he could be charged with elder abuse or neglect.
By the way, if the uncle were arrested for unlawful possession of a firearm, the rest of the family would be in trouble financially because those checks would stop.
Originally Answered: Can a convicted felon carry a pocket knife in New Mexico?
There is nothing in the New Mexico knife laws that would preclude you from carrying anything except a switch blade. Felons are prohibited from owning a fire arm but can own cross bows and knives.
New Mexico - Criminal Offenses - 30-1-12. Definitions...
B. "deadly weapon" means any... weapon which is capable of
producing death or great bodily harm, including but not
restricted to any types of daggers, brass knuckles,
switchblade knives, bowie knives, poniards, butcher
knives, dirk knives and all such weapons with which
dangerous cuts can be given, or with which dangerous
thrusts can be inflicted, including swordcanes, and any
kind of sharp pointed canes...
- 30-7-2. Unlawful carrying of a deadly weapon... consists of
carrying a concealed... deadly weapon anywhere, except in
the following cases [own residence or property; private
automobile or other means of conveyance; official]... a
- 30-7-8. Unlawful possession of switchblades consists of any
person, either manufacturing, causing to be manufactured,
possessing, displaying, offering, selling, lending, giving
away or purchasing any knife which has a blade which opens
automatically by hand pressure applied to a button, spring
or other device in the handle of the knife, or any knife
having a blade which opens or falls or is ejected into
position by the force of gravity or by any outward or
centrifugal thrust or movement. Whoever commits unlawful
possession of switchblades is guilty of a misdemeanor.
New Mexico Case Law:
- "Jury to determine character of weapon..." (1973)
- "...a butterfly knife was a switchblade..." (1991)