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 Post subject: Re: Just Picked my first skip
 Post Posted: Wed 01 Feb 2012 15:59 
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18 is a legal adult regardless of the age limits on specific items.


Federal law states 21 to purchase handguns from FFL dealers.

Federal law states 18 to purchase long guns from FFL dealers.

Possession regulations for firearms vary by state. If the statute hasn't changed in VT, a 16yr old can legally carry a handgun without a permit.

In MN, someone under 21 can possess a handgun or assault rifle, but they must have received it as either a gift or within a private transaction.


In WI, a child can legally drink alcoholic beverages while under his parent's supervision. This is extended to the bars and restaurants, and not just the home.


A state can regulate what age it is going to allow driving permits and privileges to be instated, etc. And as for what age someone is tried as an adult, the state can decide that also.

Minor consumption is the same as underage consumption. There is no state in the union that considers a 20yr old a minor. (unless there is one I am unaware of)

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 Post subject: Re: Just Picked my first skip
 Post Posted: Wed 01 Feb 2012 21:39 
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I wrote a little bond last week for a 20 year old.

She was charged with contributing to del of minor (17 yr old sister), endanger welfare minor (same sister), and possession of alcohol by minor (self).

Arkansas

http://www.arunderagedrinking.com/minors.pdf

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 Post subject: Re: Just Picked my first skip
 Post Posted: Wed 01 Feb 2012 23:27 
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From
http://www.arunderagedrinking.com/minors.pdf :


Quote:
Provided, that nothing in this Regulation
shall prohibit a minor eighteen (18) years of age or older


I have found, when I researched this before as a favor for a friend; that many states have an item of legislature like the one that follows:

Quote:
(Arkansas) Title 9, Subtitle 3, Chapter 25, Section 9-25-101

a) All persons of the age of eighteen (18) years shall be considered to have reached the age of majority and be of full age for all purposes. Until the age of eighteen (18) years is attained, they shall be considered minors.



Subjection "B", below, expounds on the legislation related to the previous age of majority.

Quote:
(b) Any law of the State of Arkansas which presently requires a person to be of a minimum age of twenty-one (21) years to enjoy any privilege or right or to do any act or to participate in any event, election, or other activity shall be deemed to require that person to be of a minimum age of eighteen (18) years. However, this section shall not repeal, amend, or otherwise affect any existing laws concerning or in any way relating to beer, wines, spirituous, vinous, malt liquors, or other alcoholic beverages, and the sale thereof to persons under twenty-one (21) years of age.


Reference: Title 9, Subtitle 3, Chapter 25, Section 9-25-10


Another example would be California, which reduced the age of majority from 21 to 18 back in 1972. California went so far as to establish in their legislation at what minute an individual is no longer a minor.

Reference: CAL. WIC. CODE § 6500 : California Code - Section 6500

Quote:
6500. A minor is an individual who is under 18 years of age. The
period of minority is calculated from the first minute of the day on
which the individual is born to the same minute of the corresponding
day completing the period of minority
.

6501. An adult is an individual who is 18 years of age or older.



And then there is a section similar to the age of majority legislation in Arkansas, explaining affect and effect on previous legislation. As follows:

Quote:
6502. (a) The use of or reference to the words "age of majority," "age of minority," "adult," "minor," or words of similar intent in
any instrument, order, transfer, or governmental communication made
in this state:
(1) Before March 4, 1972, makes reference to individuals 21 years of age and older, or younger than 21 years of age.
(2) On or after March 4, 1972, makes reference to individuals 18 years of age and older, or younger than 18 years of age.



The changes in legislation regarding the age of majority were as a general rule related an amendment to the constitution.The 26th amendment was ratified July 1, 1971. (This change effected the 14th amendment.)

Reference: The United States Constitution, Amendment #26.

Quote:
Section 1.
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.



As for federal law, I didn't feel like digging, so I just grabbed a section with applicable wording:

Reference: 18 USC sec. 25

Quote:
Sec. 25. Use of minors in crimes of violence

(a)Definitions.—
In this section, the following definitions shall apply:
(2)Minor.—
The term "minor" means a person who has not reached 18 years of age
...............
(b)Penalties.—
Any person who is 18 years of age or older, who intentionally uses a minor...

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 Post subject: Re: Just Picked my first skip
 Post Posted: Thu 02 Feb 2012 01:19 
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I learned a long time ago each state has different laws and interpretations thereof. So I stick to my own and let the other 49 worry about themselves.

Another thing I learned is not to bet on another man's game.

Example: If a man man bets you $50 that he can jump higher that the table, walk off. All he has to do is jump and then ask the table to jump.. you've lost.

It is the old axiom that lawyers learn in Law School - "never ask a question that you don't already know the answer to"!

When people start posting like mad and tossing in multiple random facts, figures and quotes.. it harkens back to a Sales Axiom... "If you can impress them with your knowledge, dazzle them with your BS."

I also learned that blonds aren't always dumb, some bloodhounds can't track and the Cubs will break your heart every August.

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(Retired)

_________________________________________________________
To avoid confusion and misunderstanding:
I am fairly new in the bail bonds part of the legal system. I've been in the legal profession 25 years - Paralegal and Legal investigator.

I am not a BEA - just a Bondsman trying to improve and become a better bondsman.
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 Post subject: Re: Just Picked my first skip
 Post Posted: Thu 02 Feb 2012 11:40 
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Quote:
Subjection "B", below, expounds on the legislation related to the previous age of majority.

Quote:
(b) Any law of the State of Arkansas which presently requires a person to be of a minimum age of twenty-one (21) years to enjoy any privilege or right or to do any act or to participate in any event, election, or other activity shall be deemed to require that person to be of a minimum age of eighteen (18) years. However, this section shall not repeal, amend, or otherwise affect any existing laws concerning or in any way relating to beer, wines, spirituous, vinous, malt liquors, or other alcoholic beverages, and the sale thereof to persons under twenty-one (21) years of age.


The Key being the highlighted / underlined part of Subsection 'b'

Each State is their own . . . and that is why it is so very very important to know our own State Laws and research those of the States that we will be going thru or entering for work / pickups.
Couple that with the fact that we share the same here. It only takes one . . . to ruin it for many.

I would also add, if anyone would like to argue this matter (Arkansas Law) in front of an Arkansas Judge they are more than welcome.
We can post Statutes all we want . . . But it is what it is. sorry and this is the State in which I live and work. I am not about to argue with the Judge that the person is charged incorrectly and that the Law is wrong based upon the fact that they are older than 18. He will quickly point out that I am not a Lawyer nor do I write the Law. I must however follow it and when writing a Bail it must be written for what the person has been charged with not what I think that they should be charged with. Personally . .. I think that there should be an "Idiot" charge available for use . . . but, Hey ! who am I ?

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Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN


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 Post subject: Re: Just Picked my first skip
 Post Posted: Thu 02 Feb 2012 12:38 
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viewtopic.php?f=13&t=10901

The above thread should be read by everyone that comes here and entertains the thought of entering into the FRA / Transportation part of this business.

I wholly recommend that when coming here, or to ANY other Forum, that one takes some time and reads . . . . and reads and reads. There is a lot of BS back and forth here, but, there is a whole lot of valuable information as well, should one choose to take advantage of that . . .
Get to know the Forum and get to know the people and who are responding. You may be talking to someone that has been in business longer than you even realized that it existed

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Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN


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 Post subject: Re: Just Picked my first skip
 Post Posted: Thu 02 Feb 2012 13:51 
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Honey Badger wrote:
argue with the Judge that the person is charged incorrectly and that the Law is wrong based upon the fact that they are older than 18. He will quickly point out that I am not a Lawyer nor do I write the Law. I must however follow it and when writing a Bail it must be written for what the person has been charged with not what I think that they should be charged with.



I think you misunderstood the point of my post, LuVonda. The point was not to state either which way if your defendant was charged with the right offense. I was simply clarifying the age of majority.

The 20yr old you bailed out is still subject to the charges, I was not saying she isn't; but she is not a minor.

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 Post subject: Re: Just Picked my first skip
 Post Posted: Thu 02 Feb 2012 17:41 
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Not arguing : I did understand your post.
I am simply stating that the Law here in Arkansas is the Law here in Arkansas. You can say that she is not a minor all day long. According to the Law here in Arkansas . . . she is. Here, in Arkansas, a party is a Juvenile until they are 18 then they are a Minor until they turn 21. Does not matter what the Law is in MN or any other of the other States. Does not matter if the party is from any other State (OR the Laws of that State) and simply here on Holiday.
As I posted prior . . . one can post Statues all day long. It is not going to change the Law . . . One can argue with the Judge here in Arkansas (any other State for that matter) that it is not that way where you live and work. It is what it is.
If folks have not already read the Thread that I posted . . . you need to do so. Best tool in the arsenal is ones' brain . . .

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Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN


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 Post subject: Re: Just Picked my first skip
 Post Posted: Wed 04 Apr 2012 08:44 
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congratulations ! :)


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 Post subject: Re: Just Picked my first skip
 Post Posted: Thu 05 Apr 2012 21:08 
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1. Though I took proper precautions, instead of transporting a female by myself, I think it would be wise to make specific arrangements for tranporting female prisoners.

This is why I work with a female partner.

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