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JohnRich

Court: Illegal gun possession 'victimless crime'

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News:
Illegal gun possession 'victimless crime'

The (Massachusetts) 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.

In a 4-to-1 ruling, the state’s highest court rejected the law enforcement strategy of Bristol County District Attorney Samuel Sutter to cut down on gun violence by seeking pre-trial detention for every person charged with illegal gun possession in his jurisdiction.

Writing for the majority, Justice Francis Spina said a law known as 58A does not include illegal gun possession on the list of criminal charges that qualify for a dangerousness hearing.

“While we are cognizant that unlicensed possessors of firearms may use firearms unlawfully, unlicensed possession of a firearm itself is a regulatory crime,’’ Spina wrote. “It is passive and victimless.’’

Spina added, “that a person possesses a firearm without a valid license does not itself pose a substantial risk that physical force against another may result. Rather, it is the unlawful use of a firearm that involves a substantial risk that physical force against another may result...’’
Source: http://www.boston.com/news/local/breaking_news/2009/05/split_sjc_calls.html

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Some of these new gun laws are starting to scare me. Being sent up the river to the big house has never been one of my lifetime plans. I went into a sporting goods store recently where a sign said..."buying a gun for another, is a ten year sentence."

Holy crap! I remember buying guns for my daughters. I remember buying a pistol for my brother. Am, I now a wanted felon.

Remember now, this was many years ago....[:/]

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Some of these new gun laws are starting to scare me. Being sent up the river to the big house has never been one of my lifetime plans. I went into a sporting goods store recently where a sign said..."buying a gun for another, is a ten year sentence."

Holy crap! I remember buying guns for my daughters. I remember buying a pistol for my brother. Am, I now a wanted felon.



I think that sign is a bit too over-simplified. What it's getting at is "straw-man sales", whereby a legal person knowingly buys the gun on behalf of someone who doesn't qualify. However, it's perfectly legal to buy guns as gifts for children, relatives, whomever, as long as they aren't disqualified from owning them.

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I am confused,

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Spina added, “that a person possesses a firearm without a valid license does not itself,....


In Canada we are required to have a license to possess a firearm, do you need one in some states as well?



In some states, yes.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

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Many years ago my brother moved to L.A. During the riots there he found out that calling the police was a waste of time. When he came home for a visit he wanted to buy a pistol. Since he was then a California resident the sporting goods stores wouldn't sell him one.

I went in and told them I was buying this gun for my brother. I don't know if that was legal or not, but that's what I did. I also think that it happened long enough ago, that the Feds. won't come to arrest me now....

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Many years ago my brother moved to L.A. During the riots there he found out that calling the police was a waste of time. When he came home for a visit he wanted to buy a pistol. Since he was then a California resident the sporting goods stores wouldn't sell him one.

I went in and told them I was buying this gun for my brother. I don't know if that was legal or not, but that's what I did. I also think that it happened long enough ago, that the Feds. won't come to arrest me now....



http://en.wikipedia.org/wiki/Straw_purchase
"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

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I am confused,

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Spina added, “that a person possesses a firearm without a valid license does not itself,....


In Canada we are required to have a license to possess a firearm, do you need one in some states as well?



In some states, yes.


Long guns or just sidearms?

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In Texas there is no firearm owners identification card needed. All that is required is a state issued ID, a background check and that you are of legal age to purchase a firearm.

In Illinois they have FOID cards and require them for any firearm purchase and for ammunition.

The laws vary depending on what state you are in.

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Quote

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I am confused,

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Spina added, “that a person possesses a firearm without a valid license does not itself,....


In Canada we are required to have a license to possess a firearm, do you need one in some states as well?



In some states, yes.


Long guns or just sidearms?



It depends on the state, and also the type of long gun (scary looking ones are more likely to be more heavily regulated).
-- Tom Aiello

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SnakeRiverBASE.com

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In Texas there is no firearm owners identification card needed. All that is required is a state issued ID, a background check and that you are of legal age to purchase a firearm.

In Illinois they have FOID cards and require them for any firearm purchase and for ammunition.

The laws vary depending on what state you are in.



Quote

FOID card requests in Illinois has doubled according to a report I heard. from a big day of 1500 requests to 3000 on an average day. I am glad that people are filling out the paperwork and buying as many guns that they want. I feel safer knowing that many law abiding people own guns and that criminals need to be aware of that.

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