Scot
Pro Bowler
- Messages
- 14,863
- Reaction score
- 6,132
You plan to stop a criminal with a gun by using Bear Spray?
That is so internetking of you
- Thread starter Scot
- Start date
You plan to stop a criminal with a gun by using Bear Spray?
That is so internetking of you
- Messages
- 3,559
- Reaction score
- 735
True but if gun was illegal, what other options we have? The gun. That my point here.
- Messages
- 21,629
- Reaction score
- 4,122
- Messages
- 21,629
- Reaction score
- 4,122
What you're REALLY trying to say is "you don't need a gun" and that's irrelevant. We have a RIGHT to keep and bear arms. There's no qualifiers in that. Whether you "need" a firearm or not is a silly childish argument. To keep and bear arms is a fucking RIGHT guaranteed in the Constitution. And it also forbids the government from INFRINGING on that right.
- Messages
- 7,307
- Reaction score
- 4,221
The problem with federal law is that it's not applied equally and doesn't have to be applied at all. I'd bet most drug and gun arrests by feds are prosecuted in state courts.
- Messages
- 57,895
- Reaction score
- 8,668
Explanation won't work for him without picture drawn in crayon Dooms
- Messages
- 57,895
- Reaction score
- 8,668
Memo to you bad guys out there, when we make guns illegal that means you won't show up and try to rob or kill us, right?
- Messages
- 21,629
- Reaction score
- 4,122
If it's charged under federal statutes it's adjudicated in federal court. Doesn't matter who does the arrest. The AUSA for that district decides yea or nay. MY idea is, if it's felon in possession it HAS to be federal and you're lookin at 20 years in federal pen.
Scot
Pro Bowler
- Messages
- 14,863
- Reaction score
- 6,132
Last edited:
- Messages
- 7,307
- Reaction score
- 4,221
My point is it doesn't HAVE to be federal. That's at the discretion of the federal prosecutor. Most of these cases go state and that was an issue when I was still working.
- Messages
- 21,629
- Reaction score
- 4,122
And that's what I'm saying needs changed, for felon in possession.
If they "go to state," federal laws don't apply and aren't used. States can't prosecute federal statutes.
If the state charges you with felon in possession they prosecute you using their statute. This does not stop the AUSA from also charging you federally. If he does, the state usually drops their complaint but it's not required.
I know you're aware of all this, I'm explaining it for other readers.
- Messages
- 7,307
- Reaction score
- 4,221
I'm aware of how the system works. What I'm saying is that federal level violators are often prosecuted in state court with state laws. Some states had 5 year mandatories for weapons offenses by prior felons or if a weapon was used during a felony but I don't know if that's the case any more.
You can't force fed prosecutors to take cases.
- Messages
- 21,629
- Reaction score
- 4,122
Nobody's proposing that. There's nothing in what I've said that even suggests that. I'm saying that any arrest for FiP gets presented to the AUSA of that district. I want to change the federal FiP law by giving it a lot more teeth. No bargaining with it, no reduced sentence or dropped charge for cooperation. If the AUSA goes with it it's the whole truckload - 20 year minimum for conviction.
More times than not the state FiP laws are used to broker deals. "We'll drop that if you give us a bigger fish." It happens federally as well.
We have laws that if prosecuted, have to be federal. Making illegal liquor is one. I'm just adding one.
Which is exactly what I said as well.
I said that too.
Scot
Pro Bowler
- Messages
- 14,863
- Reaction score
- 6,132
And so it begins
www.washingtonexaminer.com
Judges erase ‘and bear arms’ from Second Amendment - Washington Examiner
Even before the ink dries on a controversial new gun-control decision by the San Francisco-based 9th District Court of Appeals, firearms advocates are preparing to push it to the U.S. Supreme Court because it appears to rewrite the Second Amendment.In deciding Young v. State of Hawaii, the split...
www.washingtonexaminer.com
