2aguy
Diamond Member
- Jul 19, 2014
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- #21
What Velez did was illegal. Ignorance of the law is no defense.[/QUOTE]Because Velez is not wealthy and is therefore unable to hire the kind of legal representation that, whether or not a substantial damage suit and/or a criminal charge would follow, would make the cop regret choosing to initiate that intrusive nonsense.So explain why the officer wasn't even charged with picking his nose in public asshole?
Instead of an ordinary car, if Velez had been driving a new or late model luxury car and dressed in a way that suggested he could bring a high-caliber lawyer to bear, the weapon question would not have been asked.
Whenever a LEO is detaining anyone for any reason the first thing every LEO is trained to do is 'secure the scene'.
The issue here is Velez had harmed no one. He was a peaceful citizen, a Marine on leave who had, presumably unintentionally, committed a minor traffic offense, but because of this ambitious cossack he ended up in prison.
Show us where the word "illegal" is used in the Second Amendment.The Constitution does NOT allow people to "bear arms" illegally dummy!
Owning and carrying the gun as a law abiding citizen without a criminal felony conviction should never endanger someone with a felony conviction.....that is what is wrong.........a 50$ fine should have been levied...not life destruction.....save that for actual criminals who actually use guns for crimes...
Glenn Reynolds: How gun laws put the innocent on trial
Cottrol noted that crimes like carrying or owning a pistol without a license are what the law has traditionally termed malum prohibitum — that is, things that are wrong only because they are prohibited. (The contrast is with the other traditional category, malum in se, those things, like rape, robbery, and murder, that are wrong in themselves.)
Traditionally, penalties for malum prohibitum acts were generally light, since the conduct that the laws governed wasn’t wrong in itself. But modern American law often treats even obscure and technical violations of gun laws as felonies and —Cottrol noted — prosecutors often go out of their way to prosecute these crimes more vigorously even than traditional crimes like rape or murder.
If it were up to me, I’d find it a violation of the due process clause to treat violation of regulatory statutes as a felony. Historically, only the most serious crimes — typically carrying the death penalty — were felonies.Nowadays, though, we designate all sorts of trivial crimes, such as possessing an eagle feather, as felonies. This has the effect of empowering police and prosecutors at the expense of citizens, since it’s easy to find a felony if you look hard enough, and few citizens have the courage of a veteran like Cort, who went to trial anyway. Most will plead to something.
Meanwhile, on the gun front, I think we need federal civil rights legislation to protect citizens who make innocent mistakes. Federal law already defines who is allowed to possess firearms. Under Congress’s civil rights powers (gun ownership and carrying, after all, are protected under the Second Amendment), I think we need federal legislation limiting the maximum penalty a state can assess for possessing or carrying a firearm on the part of someone allowed to own a gun under federal law to a $500 fine. That would let states regulate reasonably, without permitting this sort of injustice.