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NSR500
07-27-2007, 8:40 AM
I was listening to a radio show and a caller called in about CCW. He Stated that if he commited a crime with his weapon the punishment would be a minimum of 10yrs, is that true?

It just made me think of a scenario like the Mall Shooting in Utah or the VT shooting. If a CCW holder had acted and then by some crazy DA gets investigated and found guilty of some cock-a-mamy thing because of a rigged Jury; if they'd get the book throw at them harder than if they had done it without the CCW.

StukaJr
07-27-2007, 1:10 PM
I was listening to a radio show and a caller called in about CCW. He Stated that if he commited a crime with his weapon the punishment would be a minimum of 10yrs, is that true?

It just made me think of a scenario like the Mall Shooting in Utah or the VT shooting. If a CCW holder had acted and then by some crazy DA gets investigated and found guilty of some cock-a-mamy thing because of a rigged Jury; if they'd get the book throw at them harder than if they had done it without the CCW.

Not true - especially in the context of a "crime"... Crime, like an unjustified shooting or driving under the influence? If the caller was right, Mel Gibson would be into his second year of a ten year stint... So, no - BS. There is no extra book to throw if the defendant has a CCW.

There is no minimum sentence tacked on because of the CCW, however, if a shooting is unjustified then the shooter is charged with a crime (regardless, whether they had CCW or not) - crime like attempted murder, manslaughter or murder in the 2nd can easily net in excess of 10 year sentences... Maybe the caller meant that if a CCW licensee uses his weapon and is taken through the Court System to justify their action - a loss of the case is likely to result in a minimum sentence. Massad Ayoob's files are a good read on cases where defense shooting incidents have to be defended in courts - often losing and winning only through the appeal.

A quote of "You've just used a firearm to defend your life - now your troubles are really beginning".

The 3 lacrosse players charged and prosecuted with rape by the DA with no evidence shows that if DA woke up on the wrong side of the bed - they can charge you with about anything they want and you are guilty of a crime until you prove the DA wrong. I guess, that's one of the issues you worry about when it comes up - priority is not being an easy victim as a rule to live by.

JALLEN
07-27-2007, 4:52 PM
I was listening to a radio show and a caller called in about CCW. He Stated that if he commited a crime with his weapon the punishment would be a minimum of 10yrs, is that true?

It just made me think of a scenario like the Mall Shooting in Utah or the VT shooting. If a CCW holder had acted and then by some crazy DA gets investigated and found guilty of some cock-a-mamy thing because of a rigged Jury; if they'd get the book throw at them harder than if they had done it without the CCW.

What he might have been referring to is the mandatory 10 year (I think) add on for conviction of crime using a firearm. This is why those two Border Patrol agents got such seemingly harsh sentences for shooting the smuggler in the butt and not reporting it.

It used to be that sentencing was left to the discretion of the trial judge, who heard the case presented, and who could make a determination whether someone was more or less evil in their actions. Federal judges are Constitutional officers appointed for life during good behavior. Except for an occasional scoundrel like Alcee Hastings, they are usually pretty distinguished folks, people of accomplishment, judgment, sound and all that.

Well, Congress decided that the judges didn't know what they were doing, and were either too harsh or too lenient, and in any case, sentences were not equal, so it came up with a convoluted sentencing matrix for every crime, with deducts and add-ons, and a little of this and a smidgeon of that. Now you have to be a NASA rocket scientist to figure it out! At least one Federal judge resigned in protest when that was enacted, a local fellow.