U.S. 5th Circuit Declares Gun Posession A 'Crime Of Violence'

US Courts.gov ^ | 10/11/2002 | 5th Circuit Court

[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.

[Joe Brower]

[RandallFlagg]

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)...

[Redbob]

"Where is the President and Attorney General?"

Conducting an international campaign against Muslim terrorism?

[Redbob]

"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.

[Redbob]

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.

[Redbob]

From the judgement:
"Two months after Ruben Serna’s 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!

[cajun-jack]

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!!!!

[Redbob]

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!