Our state changed the law on magistrates issuing warrants. The law was supposed to be for John Q Citizen walking in and swearing out a warrant against John P Citizen, but the magistrates have interpreted it to mean ANY warrants, including felony police/detective applied warrants.

The new law severely restricts when magistrates can issue warrants for arrest, instead preferring criminal summons, the functional equivalent of a ticket, in almost all cases. This was in response to a growing abuse of people walking in wanting to take warrants out on someone else from a personal conflict, without an unattached police investigation. These people would still get their day in court, but the defendant wouldn’t be locked up prior.

Now we have officers and detectives trying to get felony warrants and magistrates are issuing criminal summonses. Felony frauds, sexual abuse, etc. It’s going to be a big damn mess before it gets fixed. To explain, you can only briefly detain someone to serve a summons. You can’t use much if any force to hold on to them while someone gets or prints it. Which brings up another issue...my agency isn’t even set up to serve these summonses, which have historically been a small precentage of all criminal processes in our state.

The REALLY don’t want us to do our jobs.

That an interesting turn of events

I wish VA would go to that.

The crap they issue in VA is ridiculous.
I was in the magistrates office one day and a person got a warrant on another person because the first person threw a piece of hot pizza at another person.

It will be a massive mess.
I worked for a Sheriffs Office so that was not a big deal on serving the summonses but I do know for Police Depts it was chaos.

Chongo: Every time I get the least bit excited waiting for CMPD to open up the hiring process again you always put the brakes on for me and I give pause. *HAHAHA*

quote:

I was in the magistrates office one day and a person got a warrant on another person because the first person threw a piece of hot pizza at another person.

well that is actually an assault (at least in NC)

but I know what you are saying....

I've seen people go into the Magistrate's Office and tell a story of FB bullshit and get a warrant for Communicating Threats....after a year or so being a Magistrate they wise up and issue a Criminal Summons.

And I've seen an old Magistrate tell someone, "Sticks and stones may break my bones, but words will never hurt me" and sent them packing! hahah good times

quote:

Originally posted by mrapteam666:
That an interesting turn of events

I wish VA would go to that.

The crap they issue in VA is ridiculous.
I was in the magistrates office one day and a person got a warrant on another person because the first person threw a piece of hot pizza at another person.

It will be a massive mess.
I worked for a Sheriffs Office so that was not a big deal on serving the summonses but I do know for Police Depts it was chaos.

Chongo: Every time I get the least bit excited waiting for CMPD to open up the hiring process again you always put the brakes on for me and I give pause. *HAHAHA*

So I could walk in and get a criminal warrant for, say people living in New York who ran a massive billion dollar pay for play operation?

I knew a guy who moved to North Carolina a couple of decades ago to apply for an LE job (he was a deputy sheriff here). When he came back and started talking about the laws there I could only shake my head in wonderment. And every bit I’ve learned since then only adds to my sense of wonder. That’s where it’s necessary to get a sheriff’s permission to purchase a handgun—correct?

quote:

Originally posted by sigfreund:
That’s where it’s necessary to get a sheriff’s permission to purchase a handgun—correct?

Correct. Unless one has a NC Concealed Handgun Permit, but you do need the sheriff's approval to get the CHP.

I am a criminal Magistrate in NC. I issue felony warrants to Patrol and Detectives on a nightly basis.

Your Magistrates are interpeting the statute incorrectly. Get some of your agencies brass to contact the Chief District Court Judge.

I would wager he can get them straight for you. Right quick too. Good luck! Regards 18DAI

quote:

Originally posted by mrapteam666:
I wish VA would go to that.

The crap they issue in VA is ridiculous.
I was in the magistrates office one day and a person got a warrant on another person because the first person threw a piece of hot pizza at another person.

It depends on the county you are in. The county where I live wants tangible evidence, not just a sworn statement, before a warrant is issued. eg. video, documents.

quote:

Originally posted by 18DAI:
I am a criminal Magistrate in NC. I issue felony warrants to Patrol and Detectives on a nightly basis.

Your Magistrates are interpeting the statute incorrectly. Get some of your agencies brass to contact the Chief District Court Judge.

I would wager he can get them straight for you. Right quick too. Good luck! Regards 18DAI

Our legal department is on it, but no change in sight. They sent out an email earlier that said they had no luck thus far.

Seems to me like the simple solution would be to replace the magistrates.

Then the Administrative Office of the Courts should be their next step. The AOC will issue AND Email the Magistrates a directive.

NC school of government in Chapel Hill would probably like to know about this as well. Email me if I can be of any assistance to your agency. Regards 18DAI

I love it when a plan comes together 18DAI!!!!

quote:

Originally posted by 18DAI:
Then the Administrative Office of the Courts should be their next step. The AOC will issue AND Email the Magistrates a directive.

NC school of government in Chapel Hill would probably like to know about this as well. Email me if I can be of any assistance to your agency. Regards 18DAI

I forwarded you the email. There are much smarter and more important people than me are working on this. But this county prides itself in being contrary, so who knows...

Of course, I must state, my email is not a solicitation for assistance, simply a sharing of local practices from one public servant to another based on new laws.

quote:

Originally posted by sigfreund:
I knew a guy who moved to North Carolina a couple of decades ago to apply for an LE job (he was a deputy sheriff here). When he came back and started talking about the laws there I could only shake my head in wonderment. And every bit I’ve learned since then only adds to my sense of wonder. That’s where it’s necessary to get a sheriff’s permission to purchase a handgun—correct?

I was that way in Fairfax County back in the late 70's. You had to get their approval before you could pick the weapon up.

When the S&W 629 came out, I bought one and they said I shouldn't have it or disapproved the application. So I had it shipped to a Loudoun County gun shop and picked it up there.

C, don't look up: cause the sky is falling!

quote:

Originally posted by sigfreund:
... That’s where it’s necessary to get a sheriff’s permission to purchase a handgun—correct?

That used to be the case here as well. Before you went to the sheriff's office, you first had to go to the Board of Election Commissioners, pay a fee and pick up a form. Then you could go to the sheriff's office with the form, two letters of recommendation and another fee for the permit. You then went home and had to go back in around 10 days or so to pick up the permit (if you weren't denied).

quote:

Originally posted by Blume9mm:
Seems to me like the simple solution would be to replace the magistrates.

The magistrates are appointed by the local Superior District Court Judge....he and only he is who hires or fires the Magistrates. And if they don't kow-tow to the Judges wishes..say bye.

quote:

Originally posted by sigfreund:
That’s where it’s necessary to get a sheriff’s permission to purchase a handgun—correct?

Yup, two kinds or "permits" here:

1. a Pistol Purchase Permit
2. a Concealed Weapon Permit (CCW/CCH as some of you may call it where you live)

to buy a handgun in NC you must posess one of the two permits mentioned....

the gun store keeps the first mentioned and they copy the CWP/CCW/CCH number onto the 4473.

The permit stuff is a holdover from the Jim Crow laws and time...the local sheriff can deny you a purchase permit for any reason he deems-and you have no recourse....

It's jacked up but it's what we have...and there isn't gonna be any changing it. The Sheriff in my county charges $5.00 for each permit (so they don't make a buncha money off it but it makes him feel like he has power).

The CCW/CCP/CWP costs $95 and is good for 5 years in my county...I dunno if other counties charge more....

But if you have either "permit" the call to NICS is not needed as the permit process does the same background check.

Michigan used to have a Pistol Purchase Permit system similar to this, the difference was you got the permit at your local sheriffs office or local Police Dept. A few years back the law was changed in regards to Pistol Purchase permits and they are now held and distributed by the Firearms Dealers, who then forward the fee to the local agency where you are a resident. Plain and simple here in Michigan it's all about the $$$ and nothing else.

More good news here in Michigan that having a CPL provides an exemption for this fee and at the same time the Pistol Permit scheme was change also did away with the county Gun Boards who issued the CPL's. Now getting a renewal or new license is simply a matter of going into the County Clerks office and submitting the paperwork. Big plus is that last time I had to renew my CPL it was a projected 90 day wait before you had to go before the Gun Board and get your permit, now it's 30 days or less and they mail you new permit to you. They also use your current drivers license photo so in 3 weeks or so I'll be able to shred the old permit with it's horrible Fat Bastard pic.

Final bit of good news is that Michigan currently has Reciprocity agreements with 39 other states, more than any other State carry permit.

PS; Michigan also has Handgun registration but it's a registration system that is completely corrupt. Problem is that there is NO, as in ZERO, published means for a private citizen to remove a handgun from that register. As a result the entire record has so many outdated entries that it's pretty much useless. I also heard it's all still on paper but don't know if that actually is true. Considering how under funded the Michigan State Police are it wouldn't surprise me a bit if that database is still all on paper.

You guys should see some the MSP cars still on patrol, they are all Painted MSP blue, at least 8-10 years old and still have a giant 15 inch diameter gumball on top. Damned things look like if the Trooper hits the lights the car should start spinning underneath the gumball in an opposite direction.

Chongo Email sent. Fowarded yours as well. Hope it helps!

Actually in NC Magistrates are appointed to two year terms by the resident Superior Court Judge and managed by the resident District Court Judge. As well as a Chief Magistrate who handles day to day operations as well as minor disciplinary issues that may crop up.

It is difficult to fire a Magistrate. There has to be malfeasance or dereliction of duty and it is a lengthy process. The most common approach to get rid of a problem Magistrate is to simply not reappoint them at the end of their term.

That is one of the many "problems" with that office, as I see it. Another problem is that many of the Magistrates are attorneys. In my county 9 of the 12 are. Ive always thought that one would have to be a pretty shitty attorney to wind up as a Magistrate. Given the hours and the pay scale.

Anyways, I took it after 21 years in Investigations, becuase I needed something to round out my full 30 years with the state. The moment I am eligible, I will be retired and REJOICING! Regards 18DAI