Posted on 06/24/2019 3:54:18 PM PDT by SMGFan
Absotively.
Yes, this is a bad SCROTUS ruling.
There was one case a few years ago where someone robbed a store with a knife and the store clerk had a pistol but didn’t use it.
The robber was charged under this statute. There was a firearm present. Dunno about you, but despite the visceral “he deserved it” reaction, academically that’s not right as the robber didn’t bring the firearm, use the firearm or ever have custody or possession of the firearm - or even touch it.
The law is too vague. It should specifically list the crimes that it applies to and the conditions under which the presence of a firearm triggers the sentencing.
Gorsuch + the 4 liberal, you mean.
Dont forget the liberal interpretation of domestic violence to be pretty much anything ! (And therefore you cant have a fun)
I see that as an issue of judicial interpretation. A judge failed to rule on the nonsensical claim.
The presence of a knife does strike me as a possible classification instigator. (If the law sites the need for a gun to be involved, I would be wrong of course, but the robber would need to be the person who introduced it.)
I do agree with your take on the situation you mentioned.
No intent to carry or use a gun does not qualify on the basis of a gun present > IMO.
The law in question specifically requires a firearm to trigger. It is silent on knives, clubs, etc., etc. - it’s just firearms.
Thanks. Seems that way to me.
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There is also the charge of felon in possession of firearm which is one of the most underutilized charges but carries up to 10 years in jail and $100K in fines as penalties, IIRC.
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Felon? Why are they OUT of prison, being a ‘felon’??
If you mean EX-felon (aka Citizen...w/ all privileges & Rights thereof), they you’re supporting TIERS of Citizens...and the U.S. ain’t India w/ castes.
“Gorsuch may not know it, but one benefit of this law was that the feds could prosecute criminals in Lahood when the locals, including judges, simply will not, due to their social justice crusade.”
And the feds could also prosecute you for “hate” crimes if you punched someone while calling him a name. Does that get your heart all a-flutter?
Thanks for the mention.
I concur.
Vague law is no law at all.
Lots more of these vague laws to get rid of. This is a good start.
Felon
a person who has been convicted of a felony
Once a felon — always a felon
Gorsuch is right.
Laws need to be specific. They purposefully make them vague so they can be selectively enforced. Get on the lawmakers to fix it.
Yep. Gorsuch is a great pick. He will be the only consistent judge on this one.
I have to agree with the decision and the opinion. As other posts have pointed out, hate crimes are even more vague, at least with this law, you had to have a recognizable object. With hate crimes ideas, vapors, gestures, expressions, and clothing can prove a "hate" crime.
This decision is a good start.
#9. You got it right. Congress often deliberately writes vague laws so that they can’t get blamed for what the courts decide.
So much for a conservative supreme court.
A crime of violence?
Hey, Gorsuch. How about:
1. Oh hey, how you doing? Would you mind giving me all your money? Gee, thanks. I really appreciate it. No, I don’t have a gun. Just my hand in my pocket.
2. GIVE ME ALL YOU’RE GD MONEY!! NOW BITCH BEFORE I BLOW YOUR HEAD OFF (while brandishing a handgun)
To Gorsuch and the liberals, both scenarios are equally hard to define.
It’s not as vague as the Hatecrime Law.
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