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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #121  
Old 06-12-2013, 4:59 PM
sl0re10 sl0re10 is offline
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Originally Posted by JDay View Post
How long ago was that? I remember people getting speeding tickets aboard Naval Base San Diego had to go to the local traffic court. That was just a few years ago.
Awhile. Probably 20 years ago. Got your point.

Last edited by sl0re10; 06-12-2013 at 5:04 PM..
  #122  
Old 06-12-2013, 5:07 PM
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Thx for posting.
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  #123  
Old 06-12-2013, 5:28 PM
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Sooooooooo

If I drive onto a Military base with a concealed firearm & drugs in the car, I should only bring 10 round mags?
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A week ago Congress was asking Tide to change their pod designs so teenagers would stop eating them.

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  #124  
Old 06-12-2013, 9:11 PM
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curious why you didnt get an attorney to represent you ? does your record now prohibit you from owning a gun ?
  #125  
Old 06-12-2013, 10:01 PM
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Odd story...
  #126  
Old 06-12-2013, 10:16 PM
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Originally Posted by Baboosh View Post
No offense OP but you're an idiot. You knowingly drove a car with drugs in it. On top of this you drove to a security check point with a gun.....

I hope your gun rights are taken away so you don't do anything that hinders all of us.
It's a good thing gun rights can't be taken away for being mean spirited and self righteous.
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  #127  
Old 06-12-2013, 10:25 PM
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Originally Posted by TRICKSTER View Post
I have just one question (actually I have several but this one is directed at the readers and I really want you to think about it).

How many Calgun members that have been here more than two years and have participated on the forums with over 2600 post would go to trial after being arrested for firearms violations without first obtaining legal council and then to top it off, walk into court without said council?
Not I. But then I would not drive up to a military base check point with drugs and a gun either.

How many people do you think we are paying over 80,000 a year to keep locked up due to poor judgment and no lawyer money?
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  #128  
Old 06-12-2013, 10:27 PM
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Originally Posted by decepticon6551 View Post
If I drive onto a Military base with a concealed firearm & drugs in the car, I should only bring 10 round mags?
Would that be with or without a dead hooker in the trunk, and with or without functioning tail lights?
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  #129  
Old 06-12-2013, 10:50 PM
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Quote:
Originally Posted by kenshinoro2007 View Post
Reading this whole post I've come to a few conclusions:

1) This whole story doesn't pass the sniff test
2) I want the 15 minutes of my life back
3) He had a concealed weapon w/out a LTC on a military base, and he got off with a wrist slap???
4) If the story is true, he makes calgunners look bad
5) If the story is true, he better talk to a lawyer instead of wasting time posting about his stupidity on calguns
6) This whole story doesn't pass the sniff test (yup, I repeated this one for emphasis).
7) Cheech Marin was riding in the back seat as they rolled through the gate.




I've fallen...... and I can't reach my GLOCK !!!
  #130  
Old 06-12-2013, 11:03 PM
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Originally Posted by LAWABIDINGCITIZEN View Post
7) Cheech Marin was riding in the back seat as they rolled through the gate.




I've fallen...... and I can't reach my GLOCK !!!
lol, seriously.
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  #131  
Old 06-12-2013, 11:36 PM
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Originally Posted by Meplat View Post
It's a good thing gun rights can't be taken away for being mean spirited and self righteous.
Seriously?

This kid is 24 and been on the forums for some time. He's not some 18 year old who borrowed someone's car and got stuck in a situation. It's obvious he should not own firearms as he is not mature or level headed enough.

But yea lets defend him and attack other people.
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  #132  
Old 06-12-2013, 11:53 PM
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Either way you look at it, he probably learned his lesson.....or did he??
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  #133  
Old 06-13-2013, 12:28 AM
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Constructive possession is really simple. He had constructive possession of drugs and a firearm. Constructive possession is where you have the ability to be in physical possession of an item. Example, I have a cell phone in my pocket which is physical possession. I have a cell phone in the glove box which is constructive possession.

In regards to being in possession of an illegal item, you just have to be found either in physical possession or constructive possession. Since the marijuana wasn't his, he's still in constructive possession and can be charged for it. It doesn't matter who it belongs to.
  #134  
Old 06-13-2013, 12:58 AM
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Quote:
Originally Posted by Librarian View Post
Yes, as you clearly have demonstrated, you CAN be arrested for possessing a large-capacity magazine.

But there is no CA Penal Code that says possession is a crime. It would appear that the military folks have entirely made up their own opinion, distinct from the actual law. I don't know how the process was run, but you needed (still need?) a competent CA firearms attorney.
2000 posts on CGN and you didn't call CGF or Davis or Kilmer?
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  #135  
Old 06-13-2013, 2:37 AM
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Quote:
Originally Posted by Meplat View Post
Not I. But then I would not drive up to a military base check point with drugs and a gun either.

How many people do you think we are paying over 80,000 a year to keep locked up due to poor judgment and no lawyer money?
Poor judgment, stupidity or gullible. If this occurred as the OP stated, the OP is guilty of one of the first two. If not some here are guilty of the third.

As far as how many people I think we are paying over 80,000 a year to keep locked up due to poor judgment and no lawyer money, the answer is very few.
The vast majority are locked up because they knowingly and willingly committed a crime.
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  #136  
Old 06-13-2013, 3:19 AM
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Super surprised about the drug charge. Marijuana in the Fed books is pretty high in its class - this would be an easy jail time. Heck it seems the Feds are throwing canabis club owners to jail every few months.

The drug charge outside of a military installation would of been much easier to deal with as in Califonia, possession if marijuana under and ounce is considered a misdemeanor often included is a $50 ticket and fees for a drug class.
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  #137  
Old 06-13-2013, 4:00 AM
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Quote:
Originally Posted by Baboosh View Post
Seriously?

This kid is 24 and been on the forums for some time. He's not some 18 year old who borrowed someone's car and got stuck in a situation. It's obvious he should not own firearms as he is not mature or level headed enough.

But yea lets defend him and attack other people.
That's the second time you said those who disagree with your attack on the OP are defending this gentleman. No one is defending him, and he's not even defending himself. What we're pointing out is that your piling on serves no purpose. This person shared a story that is self-denigrating and that paints himself in a bad light In order for information to be shared. Whether the information is actually useful or not may be questionable, but so is your berating the OP for something he admits at the outset was stupid.
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  #138  
Old 06-13-2013, 4:03 AM
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Quote:
Originally Posted by Dattebayo View Post
The drug charge outside of a military installation would of been much easier to deal with as in Califonia, possession if marijuana under and ounce is considered a misdemeanor often included is a $50 ticket and fees for a drug class.
It's an infraction now, provided that the amount is less than one ounce, just FYI.
  #139  
Old 06-13-2013, 4:53 AM
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Quote:
Originally Posted by kenshinoro2007 View Post
Reading this whole post I've come to a few conclusions:

1) This whole story doesn't pass the sniff test
2) I want the 15 minutes of my life back
3) He had a concealed weapon w/out a LTC on a military base, and he got off with a wrist slap???
4) If the story is true, he makes calgunners look bad
5) If the story is true, he better talk to a lawyer instead of wasting time posting about his stupidity on calguns
6) This whole story doesn't pass the sniff test (yup, I repeated this one for emphasis).
I find the story a bit odd also. Maybe the Navy/Marines do things different but my thirteen years of living/working on AF bases I have seen civilian employees really screw themselves. Just one of these infractions is enough to lose base and driving privileges, which means you lose your job. I can write pages of story's about friends and co workers/ other .mil spouses getting pinched for pot/DUI and even gun issues. If everything you say is true, your lucky to keep your job.
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  #140  
Old 06-13-2013, 7:03 AM
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Originally Posted by Matt520 View Post
Constructive possession is really simple. He had constructive possession of drugs and a firearm. Constructive possession is where you have the ability to be in physical possession of an item. Example, I have a cell phone in my pocket which is physical possession. I have a cell phone in the glove box which is constructive possession.

In regards to being in possession of an illegal item, you just have to be found either in physical possession or constructive possession. Since the marijuana wasn't his, he's still in constructive possession and can be charged for it. It doesn't matter who it belongs to.
got it. but possession is not a crime for a mag.
  #141  
Old 06-13-2013, 7:12 AM
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Originally Posted by bbgughj View Post
Possession of pot and a fire arm on base is probably not a good idea ..........
It's a story on how not to conduct your life.

OP it seems you've learned a thing or two. You've manned up, good for you.
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  #142  
Old 06-13-2013, 8:20 AM
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Quote:
Originally Posted by Mr.1904 View Post

not to mention i have a DUI and was 24 at the time so i don't think the odds were stacked in my favor.

I grabbed my bag in which housed my carry rig, binders, notepads, and basically everything i needed to have for work and jumped in the car running late.

family member whom has his 215 card and smokes pot.

i notice a pipe, and a little medicine bottle with what i assumed was pot in it in the driver side door panel. Throwing caution to the wind i figured screw it.

I roll up to the gate

My bag with the pistol was on the passenger side back seat. They found the gun, a glock 26, two ten round magazines, and one 17 round magazine.

The pistol was registered to me, unloaded, but magazines in the same container (soft pistol case, inside a zipped up part of the bag).

They end up impounding my car for lack of current insurance and i ask the officer where i was going to be booked so i could make arrangements for bail and so on.

I was arrested for:
Possession of simple marijuana
Possession of marijuana paraphernalia
Possession of a concealed weapon PC 25400
Possession of a high capacity magazine. PC 16740

court supplied attorney's (in which the person over the phone told me there would be none). The guy pulls me outside and kindly(not really) tells me i'm ****ed.

The only prior i had was a dui when i was 19.

I had to plead guilty to POSSESSION of a high capacity magazine.
wow.... steep learning curve. We all step on our peckers from time to time, this is a great warning to others, get your head out of your anal cavity. Awesome to man up.
  #143  
Old 06-13-2013, 8:38 AM
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Quote:
Originally Posted by Wang Lung View Post
Well, I learned forty years ago:

A) Don't drive with drugs in the car.
B) Don't drive without insurance.
C) Don't take a firearm onto a military base.

Thanks for your post. But, unfortunately, I didn't learn anything.
Not to be a dick to the OP, but I agree with Mr' Lung.

<- Wife was an mp for several years. And you can count on one thing, state side MP's regardless of branch, are gonna be bored and fishing harder then a CHiPPie on a work week.
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  #144  
Old 06-13-2013, 9:05 AM
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Quote:
Originally Posted by Matt520 View Post
Constructive possession is really simple. He had constructive possession of drugs and a firearm. Constructive possession is where you have the ability to be in physical possession of an item. Example, I have a cell phone in my pocket which is physical possession. I have a cell phone in the glove box which is constructive possession.

In regards to being in possession of an illegal item, you just have to be found either in physical possession or constructive possession. Since the marijuana wasn't his, he's still in constructive possession and can be charged for it. It doesn't matter who it belongs to.
um.... no.
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  #145  
Old 06-13-2013, 9:14 AM
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Americans are arrested for all kinds of retarded violations of 'law'. Most of us will continue doing what we want and trying not to get caught by the gun toting thugs who serve the State. Some of us just love to comply with these laws and get a purring kitty feeling when we obey the master.
  #146  
Old 06-13-2013, 9:25 AM
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I contacted Jason Davis and he communicated to me that because i was an idiot he wouldnt be able to help.

Called the CVB and the actual code i plead to was PC 16740 for the magazine. Same thing they wrote on the original citations.

And for the skeptics i'm going to post the only paperwork they had me leave with

ImageUploadedByTapatalk1371140526.296978.jpg

I knew i wasn't going to paint myself in a good light posting this and frankly i don't care what a few negative people on the internet think. I made a mistake, and am handling it. The type of case was odd, and because of the peculiar nature of it a lot of lawyers didnt understand it and didnt want to touch it. The only ones that did i just straight up couldnt afford.

To the people being supportive i appreciate it.

Edit: the picture was a cell phone pic and is hard to see. Once i have a little more time i'll try and get it hosted and post it up.
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  #147  
Old 06-13-2013, 9:54 AM
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Don't take the negativity the wrong way OP. Were you an idiot? Hands down Yea.

But you did something 95% of people wouldn't do and that is man up and post it here.
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  #148  
Old 06-13-2013, 9:57 AM
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Originally Posted by Mr.1904 View Post
I contacted Jason Davis and he communicated to me that because i was an idiot he wouldnt be able to help.
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Old 06-13-2013, 9:57 AM
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Quote:
Originally Posted by Just_some_guy View Post
I've read this thread three times and I don't think the OP knows what he was charged with or pleaded to. He might well have been convicted of reckless skateboarding.
Again. I plead to possession of a concealed weapon, possession of a high capacity magazine, simple possession of marijuana, and possession of marijuana paraphernalia.

No felonys. No probation.

30 hours community service, taking of a basic handgun safety course. And a $200 fine.
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Old 06-13-2013, 10:32 AM
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Forrest Gump said it best: " Stupid is as stupid does".
  #151  
Old 06-13-2013, 12:23 PM
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Quote:
Originally Posted by TRICKSTER View Post
Federal court, no judge, Jag Officers, Penal Code, federal charges?
This makes no sense.
Because he was on a military base, he was within the "special maritime and territorial jurisdiction of the United States,"which includes "(a)ny lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof" 18 U.S.C. § 7(3).

He was likely charged in federal court with charges under 18 U.S.C. § 13 ("Laws of States adopted for areas within Federal jurisdiction") which provides:
Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.
So, for federal property within a state, 18 U.S.C. § 13 incorporates each state law crime and makes it applicable to that property as a federal crime. That probably is the problem with why the attorneys were not that familiar with the underlying crime and thought mere possession of a 10+ round magazine was a crime.

Note: per the text of section 13, he should have been charged with the separately defined violation of federal marijuana laws.

I think he said there was a judge, just a magistrate judge (district court judges are appointed by the President and confirmed by the senate and serve for life, magistrate judges are selected by the district court judges for 8 year terms). Under Federal Rules of Criminal Procedure and the Magistrate's Act, Magistrate Judges have jurisdiction over federal petty offenses and misdemeanors. Misdemeanors require consent of the defendant to proceed before the magistrate judge, but the defendant will typically appear before a magistrate who will take the plea unless the defendant refuses to consent to appearing before a magistrate judge.
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  #152  
Old 06-13-2013, 12:34 PM
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To the OP,

I would be curious to see what the disposition papers state you were convicted of....And when I mention convictions I mean the exact code (Federal and/or state) sections.....not your interpretation. Sometimes people get confused (understandably so) of code sections.
  #153  
Old 06-13-2013, 1:19 PM
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Dam mp's always ****ting on a good time.
  #154  
Old 06-13-2013, 1:30 PM
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The level of gullibility exhibited on this forum is at times astonishing.
  #155  
Old 06-13-2013, 1:42 PM
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DISCLAIMER: I could really care less about what you think about my actions and who i am as a person, this thread is for people to learn from and not end up like myself.

The OP did make this disclaimer for our information and enjoyment. Since this is a so called Pro-Gun site I would like to correct the FUD about having a personal firearm on a military installation. Married personnel that live in housing are permitted to have personal firearms on base in their housing. The military isn't or wasn't anti gun when I was in. I retired from Miramar 10 years ago and lived in the barracks and was allowed to have my guns on base in my barracks. I had to register them with PMO and they gave me a card that I kept with me if the guns were found in my vehicle during an inspection. FEAR MONGERS don't try to scare military personnel from owning and possessing firearms.
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Old 06-13-2013, 2:34 PM
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Quote:
Originally Posted by Mr.1904 View Post
Again. I plead to possession of a concealed weapon, possession of a high capacity magazine, simple possession of marijuana, and possession of marijuana paraphernalia.
Which is all fine, except for one thing: There is no crime of "possession of a high capacity magazine", neither in federal law nor in California law.

Could you look up the section number if the penal code that you plead to?

Here is my theory. You actually plead guilty to section 32310, and what you are really pleading to is manufacturing or importing the magazine that you possessed. Because that magazine was very likely not in California on 1/1/2000, but has since entered the state, for example by bringing it over the border, or by assembling it from a "rebuild kit".
  #157  
Old 06-13-2013, 2:58 PM
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Seriously?

This kid is 24 and been on the forums for some time. He's not some 18 year old who borrowed someone's car and got stuck in a situation. It's obvious he should not own firearms as he is not mature or level headed enough.

But yea lets defend him and attack other people.
In which clause of the second amendment does it talk about the opinion of your maturity or level headedness held by your peers?
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Old 06-13-2013, 3:05 PM
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Constructive possession is really simple. He had constructive possession of drugs and a firearm. Constructive possession is where you have the ability to be in physical possession of an item. Example, I have a cell phone in my pocket which is physical possession. I have a cell phone in the glove box which is constructive possession.

In regards to being in possession of an illegal item, you just have to be found either in physical possession or constructive possession. Since the marijuana wasn't his, he's still in constructive possession and can be charged for it. It doesn't matter who it belongs to.
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Old 06-13-2013, 3:31 PM
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Originally Posted by chainsaw View Post
Which is all fine, except for one thing: There is no crime of "possession of a high capacity magazine", neither in federal law nor in California law.

Could you look up the section number if the penal code that you plead to?

Here is my theory. You actually plead guilty to section 32310, and what you are really pleading to is manufacturing or importing the magazine that you possessed. Because that magazine was very likely not in California on 1/1/2000, but has since entered the state, for example by bringing it over the border, or by assembling it from a "rebuild kit".
In this example, the OP would have admit to doing so.
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Old 06-13-2013, 3:39 PM
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The vast majority are locked up because they knowingly and willingly committed a crime.
Yes, like rolling up to a check point with contraband (victimless crime). In many states an OZ. of weed can get you hard time. In some places a pistol can. Now, I don't use drugs of any kind unless proscribed, but a lot of basically good people do. I carry pistols, a lot. If some dumb kids, used to the lax pot laws here go to a state where you can get 80 years or even life for a first offence, and take some with them? That's dumb. But locking them up for even a year is dumber.
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