Tuesday, May 05, 2009

A Victimless Crime

The Supreme Judicial Court ruled today that illegal gun possession is a “passive and victimless crime’’ and those charged with having illicit firearms cannot be held without bail as dangers to society. [More]
I wonder if it will be considered divisive if I point this out:
Project Exile meant zero tolerance for criminal gun use. No deals. No plea-bargains. No bail. No exceptions. Commit a crime with a gun and you’re done.

It worked like this: A police officer arrests a suspect carrying a gun. He asks the suspect the questions on the card. If the suspect answers “yes”--bang--he’s nailed on a federal gun crime. Conviction meant a mandatory five years in federal prison. No questions asked.
Hell of a thing when the MA judiciary is more lenient on guns than the NRA. Not that I want to incur the wrath of the pragosphere for making that observation...

[Via Ed M]

8 comments:

AvgJoe said...

Good point about how the NRA is demanding that people get ten years in federal prison and one of the most liberal state's high court is 180 degrees the other direction. I wonder what LaPuke thinks of this or how he's going to spin it.

straightarrow said...

Snowflake just shit his pants.

Anonymous said...

The Eighth Amendment to the U.S. Constitution states:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
So how does "no bail" for a "regulatory crime" fit in with this? Next thing you know, driving without a license will get the "no bail" treatment by those who would enslave the population.

BrianF said...

Being familiar with MA gun laws, let me point out that this decision only means that you can not be held without bail until trial for having an "illegal" gun. You still will face a mandatory 1 year in jail, after posting bail. Usually waived for a guilty plea to another charge.

David Codrea said...

Understood. But NRA's position includes "No bail. No exceptions."

Anonymous said...

If it were a federal gun law, though, the decision probably would have been different. We can't have guns in the hands of those non-violent felons.

Anonymous said...

These legalistic maneuvers are way beyond me. A license to excercise a "right?"..........Whom do I see about getting a license for my 1st amendment right to pray? The "WRP?"
That would be the Bureau of Worship, Religion and Prayer.

Defender said...

Breaking news from Exile test lab Richmond Va: 1 am May 5, attempted robbery in the 200 block N. 4th St. That would be the block the local gun-ignorant, no-guns-in-the-building newspaper sits on. Probably one of their employees, too. Their top story: Michael Vick dogfighting dogs find safe homes.