Has Any Court Ever Done This?

[goodlookin1]

With all the wicked proposals against gun owners in CA being proposed right now, if they happened to pass, many of the infractions are felonious. This means your gun rights are banned forever.

I am curious: Has a court ever looked at a law and said "the punishment for this weapons charge is not befitting the crime, therefore, the level of infraction must be changed"? In other words, has a court thought the crime's punishment was too stiff, yet let the law stand with a lesser punishment? (misdemeanor, fine, etc)

Wondering if this could be the outcome of a CA case against any of these proposed gun laws.

[littlejake]

They want you to be a felon so you're banned for life.

[Tincon]

http://en.wikipedia.org/wiki/Eighth_Amendment_to_the_United_States_Constitution#Cruel_and_unusual_punishments

[peterabbits]

Jury nullification.

[hoffmang]

Yes. In Illinois District Court, the federal court struck a lifetime ban by Chicago on someone who had either infracted or misdemeanor by possessing a firearm back when Chicago banned them. The case is Gowder v. Chicago. Chicago did not appeal and instead changed their ordinance:

http://michellawyers.com/wp-content/uploads/2012/06/Memorandum-Opinion.pdf

-Gene

[Grumpyoldretiredcop]

Common motion in California criminal courts under Penal Code section 17(b). I've seen the motion made by defense but have also seen the Court apply it on its own motion.

[SwissFluCase]

With all the wicked proposals against gun owners in CA being proposed right now, if they happened to pass, many of the infractions are felonious. This means your gun rights are banned forever.

I am curious: Has a court ever looked at a law and said "the punishment for this weapons charge is not befitting the crime, therefore, the level of infraction must be changed"? In other words, has a court thought the crime's punishment was too stiff, yet let the law stand with a lesser punishment? (misdemeanor, fine, etc)

Wondering if this could be the outcome of a CA case against any of these proposed gun laws.

If guns were cars having a over sized license plate frame would be a felony punishable by 5 years in prison.

There is a disconnect. I would expect that as the 2nd Amendment is strengthened as a civil right that the penalties would better fit the severities of the crime.

Then again, if the violation of the AWB was a 50.00 fix it ticket type infraction it might be harder to fight. I see the penalties working very much in our favor at the moment. They make the laws a serious violation of our rights.

Regards,


SwissFluCase