Supreme Court upholds 5-year mandatory sentence for gun possession

Why did Kagan recuse?
Probably becuase the Solicitor General's office got involved in the case while she was there.
You mean a law-abiding citizen? Seems obvious to me.

If you're referring to the idea that sometimes the system makes mistakes, maybe you should look at the death penalty before looking at 5 years.
I can look at both at the same time.
 
So if you're smoking a marjuana cigarette (aka a joint) and have a gun on you, you could spend 5 years in jail? Plus whatever other time you'd get for the joint?

yep, chose one, the gun or the joint, but don't combine them.
 
JR,

I get the irony of the topic and all, but if you can answer me straight for a while, from my reading of your posts you are a very big 2A advocate (meaning you have a very liberal <non political, general definition> interpretation of it, you believe that people essentially have a right to own guns, uninfringed), so where do you draw the line? I'm asking personally and legally. Meaning, where do you legally see the line is and, personally, where do you think it should be?

This is, perhaps, a good topic, for elsewhere. Give me a crack at it and I'll try and whip up something tonight.
 
so if you got a pot plant in the yard - whether you know it or not - and own a gun, yer screwed. But we dont put pot smokers in prison :crazyeye:

land of the free :lol:

The liberals and conservatives have killed the Constitution, RIP

:(


no it doesn't punish possession. It punish possession While committing a crime

The "crime" is possession of a drug, and that includes using the wife's prescription. Apparently it aint a crime yet to have someone else's prescription in the medicine cabinet (if they live there too), but it is illegal to use it. Think...about it...

I wholeheartedly support the Supreme Court's decision on this.

Holding a gun while committing a crime tells me that you intend to perhaps use that gun while committing the crime. Maybe you didn't get a chance to do so. Maybe you only wanted to frighten people with it. Maybe you didn't intend to shoot it. Maybe your finger slipped.

I don't really care. Take a gun with you to do a crime, and that makes it a lot harder for the police to take you into custody without feeling that their lives are in danger. You could accidentally shoot someone who startles you, because while committing a crime, you're probably in a state of anxiousness and/or panic.

Not having a gun means the cops probably don't have to shoot you to take you down. It's for your safety and theirs. This law won't deter certain folks who would commit the crime anyway, but it will keep them off the street longer, and for these folks, that's all I care about.

Maybe we shouldn't punish people based on your powers of prophecy
 
So, wait. If I sell non-violently sell cocaine and happen to have a firearm (perhaps even legally) on my person then I'm automatically liable for an additional five years on top of whatever draconian penalties I get for selling the coke?
 
You know, I wonder what is the logic behind this ruling... yes, I understand that this law, in theory, should deter criminals from bringing a gun to whatever dark dealings going on in the underworld, but why just guns? Why not go all the way and make switchblades and maces illegal as well? After all, what kind of normal citizen "just happens" to bring along a weapon of any kind when committing a crime?

Don't know. Although this law makes sense, it gives me a funny feeling in the stomach that I can't quite put my finger around.
 
Strict constructionists are a walking joke.

The Constitution as written is a joke. It needed to be amended to be worth a dime.

Frankly I don't care what a strict constructionist thinks, because they think black people are 3/5ths of a person.

That was a compromise between the slave states that wanted FULL representation for their slave population and free states who didn't want slaves to count at all... Free blacks counted just like everyone else.
 
So, wait. If I sell non-violently sell cocaine and happen to have a firearm (perhaps even legally) on my person then I'm automatically liable for an additional five years on top of whatever draconian penalties I get for selling the coke?

Yup, and if applied "equally" it counts for all gun possession by anyone with illegal drugs - like even Rush Limbaugh. I wonder if that would count if yer bodyguard is armed and you got the drugs...

You know, I wonder what is the logic behind this ruling... yes, I understand that this law, in theory, should deter criminals from bringing a gun to whatever dark dealings going on in the underworld, but why just guns? Why not go all the way and make switchblades and maces illegal as well? After all, what kind of normal citizen "just happens" to bring along a weapon of any kind when committing a crime?

People who dont wanna be robbed?
 
Berzerker said:
Yup, and if applied "equally" it counts for all gun possession by anyone with illegal drugs - like even Rush Limbaugh. I wonder if that would count if yer bodyguard is armed and you got the drugs...

.... I wonder if this counts for things like shoplifting?
 
JR,

I get the irony of the topic and all, but if you can answer me straight for a while, from my reading of your posts you are a very big 2A advocate (meaning you have a very liberal <non political, general definition> interpretation of it, you believe that people essentially have a right to own guns, uninfringed), so where do you draw the line? I'm asking personally and legally. Meaning, where do you legally see the line is and, personally, where do you think it should be?

This is, perhaps, a good topic, for elsewhere. Give me a crack at it and I'll try and whip up something tonight.
While I'm fundamentally against licensing, if you are going to have it, then you need to cut down on restrictions. No denial of a license because you are behind on your chiild support or other such nonsense.

No criminal enhancements for possessing a gun during a crime. If you are going to have an enhancement, at least have the decency to make it for bad act + bad intent with the gun itself and make a jury find beyond a reasonable doubt on both bad act and bad intent.

No stripping of 2nd Amendment rights once someone has served their time in prison.

Less outright bans - if you need a super-license for a super-gun, better that than an outright ban.

If you have sensitive places such as campuses where you don't want just anyone have a gun, allow for a super-license so that at least some of the very most responsible can carry.

In reality, I guess I can go for some restrictions, but please do not tell me that Scalia wrote an originalist masterpiece when he wrote Heller, especially when he joins 8-0 decisions like this.

If you have any other infringementsregulations, I will be happy to take a shot at addressing them.
 
You just need to posses the gun. You don't even need to flash it. It could even be a legally obtained fire-arm held by someone with a carry and conceal permit. That doesn't seem to matter...
 
Officer: "Why whats this?" *removes gun from robbers belt*

Criminal: "Thats nothing sir, honest."

Officer: "Oh? So you're saying that you had no intention of using this, regardless what happened?"

Criminal: "Of course not governor."

Officer: "..."

Criminal: "Its take your gun to work day!"



Spoiler :
I gave em lil British accents to spice things up :p
 
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