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U.S. 5th Circuit Declares Gun Posession A 'Crime Of Violence'
US Courts.gov ^
| 10/11/2002
| 5th Circuit Court
Posted on 10/14/2002 4:22:48 PM PDT by tarawa
This appeal presents the question whether the crime pf possession of a "prohibited weapon", specifically a sawed-off shotgun, under Texas law constitutes a crime of violence under Federal sentencing guidelines.
Ruben Serna pleaded guilty to possessing a firearm as a convicted felon in violation of 18 U.S.C. 922(g)(1). At sentencing, the district court found Serna's previous state court felony conviction for possession of a prohibited weapon was a crime of violence and enhanced his sentence on that basis.
The indictment underlying this previous state court conviction identified the prohibited weapon as a "shotgun with a barrel length of less than 18 inches." This type of weapon is commonly known as a sawed-off shotgun. It is reasonable to conclude that a sawed-off shotgun, when possessed unlawfully, is possessed for violent purposes only.
(Excerpt) Read more at ca5.uscourts.gov ...
TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; US: Texas
KEYWORDS: banglist
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To: *bang_list
Comment #42 Removed by Moderator
To: tarawa
I know everyone hates jury duty, but I am the opposite due to hope.
It would be better than winning the lottery if I was on a jury debating something like this. I'd have the opportunity to make the NFA unconstitutional through jury nullification (I'm just dreaming here, I know)...
To: watcher1
"Where is the President and Attorney General?"Conducting an international campaign against Muslim terrorism?
44
posted on
10/15/2002 11:12:51 AM PDT
by
Redbob
To: Illbay
"No one's right to self-protection is abrogated when they can't carry around a sawed-off shotgun in the trunk."Well, the whole point of having a sawed-off shotgun is that you don't NEED to carry it around in the trunk.
You can keep it right to hand.
At least "us people" know what a firearm is for. But for the errors of an unopposed and misguided Supreme Court decision 70 years ago, short-barreled shotguns would be just as legal as they were in my father's day.
"Snake-charmers" are what he called them.
45
posted on
10/15/2002 11:20:53 AM PDT
by
Redbob
To: tarawa
Just looks to me like this fellow has a strong basis for a Supreme Court appeal, and a likely reversal of at least part of the "Miller" decision.
46
posted on
10/15/2002 11:22:10 AM PDT
by
Redbob
To: tarawa
From the judgement:
"Two months after Ruben Sernas release from prison, the police executed a search of his home in Texas.
During the search, the police discovered a loaded Star, model Firestar, .40 caliber chrome plated pistol."Woohoo!
Chrome plating!
A sure sign of criminal intent!
47
posted on
10/15/2002 11:28:10 AM PDT
by
Redbob
To: Beelzebubba
when i was growing up we would buy a $20.00 .410 single barrel and cut the stock to make a pistol grip and cut the barrel very , very short....to make a "snake pistol"...when you're hanging over the front of a boat in the middle of the night on a dark bayou to catch a frog in your right hand...it is a good idea to have ur snake pistol in ur other hand....moccasins like frogs too!!!!
To: lentulusgracchus
I've got a picture for YOU:
Sad little would-be "Black Panthers," pathetically strutting up and down outside the '00 GOP State Convention in Houston, carrying their AK-47's openly.
Unmolested by the police, since what they were doing was plainly legal, and largely unnoticed by the delegates and other passersby.
Maybe baseball bats ARE "illegal" here - but openly-carried firearms are not!
49
posted on
10/15/2002 11:38:40 AM PDT
by
Redbob
Comment #50 Removed by Moderator
Comment #51 Removed by Moderator
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