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The Green Manalishi

(1,054 posts)
Sat Jun 21, 2014, 12:29 PM Jun 2014

I might be overall pro RKBA

But this is why having any firearm which is not registered to you and which you are not legally allowed to own should be a 10 year minimum sentence.

http://www.rawstory.com/rs/2014/06/18/florida-dad-killed-by-neighbors-stray-bullet-as-family-welcomes-home-newborn/

I like my firearms; I like keeping them locked up and only even LOADING them at the range.

I hope this asshole, and anyone who even thinks of defending him rot and die in prison, most particularly whoever sold or gave him the gun.

13 replies = new reply since forum marked as read
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I might be overall pro RKBA (Original Post) The Green Manalishi Jun 2014 OP
I don't favor registration. blueridge3210 Jun 2014 #1
I want whoever he got it from to be put away The Green Manalishi Jun 2014 #5
Suppose he stole it? n/t discntnt_irny_srcsm Jun 2014 #7
Leave a firearm where it can be stolen The Green Manalishi Jun 2014 #8
The devil is in the details. blueridge3210 Jun 2014 #9
You're raining on my parade discntnt_irny_srcsm Jun 2014 #11
In my state of Florida I can't register my firearms. In fact it is prohibited. spin Jun 2014 #2
And felons would not be legally required to register their guns. Jenoch Jun 2014 #3
Very true. They would be incriminating themselves. Haynes v. United States. ... spin Jun 2014 #10
The availability of a gun at all-- guns in the hands of the public-- is the reason for this death. Loudly Jun 2014 #4
Not sure I agree The Green Manalishi Jun 2014 #6
And a lot of others disagree with you. NutmegYankee Jun 2014 #12
Good points. The Green Manalishi Jun 2014 #13
 

blueridge3210

(1,401 posts)
1. I don't favor registration.
Sat Jun 21, 2014, 12:50 PM
Jun 2014

But any prohibited person knowingly in possession of a firearm should face serious prison time. Of course, this guy is looking at Felon In Possession (or the local equivalent) charges; some sort of homicide charge (based on his criminal possession of a firearm and the resulting death) and whatever else the DA can think of.

The Green Manalishi

(1,054 posts)
8. Leave a firearm where it can be stolen
Sat Jun 21, 2014, 01:56 PM
Jun 2014

unless they manage to crack the gun safe or steal the whole thing and you are every bit as much responsible for any subsequent death as the jackwagon who pulls the trigger, IMHO

I have a biometric safe; anyone but an expert burglar is NOT getting my firearms, I can get to a panoply of lethal protection in seconds.

(Not that I am paranoid, I just like high tech stuff in addition to loud things and things that goo 'boom'; I don't expect to ever use a firearm against another human being and think anyone who would actually even *fantasize* about doing so should never even be allowed to SEE one- gun or another human- from their rubber room.)

Not that I wouldn't ventilate someone threatening the life of my wife or I, I'd just consider the odds of my actually needing to do that about the same as winning the lotto after getting hit by lightning and would really rather just see them run off with any of my crap than kill another human (the conundrum being that anyone who would invade your house while you were home could be presumed to be dangerous to your person, so it's not that my basses are worth the life of even a POS, but my life is).

No good answers, no happy ending

 

blueridge3210

(1,401 posts)
9. The devil is in the details.
Sat Jun 21, 2014, 02:30 PM
Jun 2014

In my perfect world I should be able to leave my pistol on the seat of my vehicle with the windows down and expect it to be there when I return. Clearly we do not live in that world. I cannot see requiring someone to spend 1K-2k on a safe to secure a couple of .22 rifles worth about $400. Regarding a burglary, once the house is broken into I cannot see holding the owner responsible for anything stolen. As you noted, a safe can be drilled or cut into or stolen outright. Regarding a negligent discharge (child/youth gets ahold of an unsecured weapon) I have no real problem with a generally strict liability standard.

In the case in the article it would be nearly impossible to trace the weapon back to the original owner, barring a miracle.

discntnt_irny_srcsm

(18,475 posts)
11. You're raining on my parade
Sat Jun 21, 2014, 02:49 PM
Jun 2014

My retirement depends on some lottery winnings.


Anyone who fantasizes about killing clearly has some non-trivial issues.

Weapons are lost and stolen all the time. Any laws aimed at changing that reality will be most successful among the most diligent and honest folks among us. The sloppy, careless and criminal folks will continue. The first lesson here is that the "control" part of gun-control has it greatest effect (and I'm agreeing that sometimes that effect is a positive one) among those currently posing the least threat to anyone's safety. The second lesson is that control (and I'm addressing the control of those sloppy, careless and criminal folks) is a myth.


Diligence and respect will not come through the force of law. Both are needed.

My personal belief is that violent felons should be removed from the population for life. I'm against the death penalty.

spin

(17,493 posts)
2. In my state of Florida I can't register my firearms. In fact it is prohibited.
Sat Jun 21, 2014, 12:55 PM
Jun 2014
2013 Florida Statutes790.335?Prohibition of registration of firearms; electronic records.—
(1)?LEGISLATIVE FINDINGS AND INTENT.—

(a)?The Legislature finds and declares that:

1.?The right of individuals to keep and bear arms is guaranteed under both the Second Amendment to the United States Constitution and s. 8, Art. I of the State Constitution.
2.?A list, record, or registry of legally owned firearms or law-abiding firearm owners is not a law enforcement tool and can become an instrument for profiling, harassing, or abusing law-abiding citizens based on their choice to own a firearm and exercise their Second Amendment right to keep and bear arms as guaranteed under the United States Constitution. Further, such a list, record, or registry has the potential to fall into the wrong hands and become a shopping list for thieves.
3.?A list, record, or registry of legally owned firearms or law-abiding firearm owners is not a tool for fighting terrorism, but rather is an instrument that can be used as a means to profile innocent citizens and to harass and abuse American citizens based solely on their choice to own firearms and exercise their Second Amendment right to keep and bear arms as guaranteed under the United States Constitution.
4.?Law-abiding firearm owners whose names have been illegally recorded in a list, record, or registry are entitled to redress.
http://www.flsenate.gov/Laws/Statutes/2013/790.335


However I do feel that violent ex felons such in the the article should not be allowed to purchase or own firearms and the person who sold him the weapon should be prosecuted if he/she was a straw purchaser or a person illegally selling firearms.

spin

(17,493 posts)
10. Very true. They would be incriminating themselves. Haynes v. United States. ...
Sat Jun 21, 2014, 02:46 PM
Jun 2014
Haynes v. United States

Haynes v. United States, 390 U.S. 85 (1968), was a United States Supreme Court decision interpreting the Fifth Amendment to the United States Constitution's self-incrimination clause. Haynes extended the Fifth Amendment protections elucidated in Marchetti v. United States, 390 U.S. 39, 57 (1968).[1]

Background of the case

The National Firearms Act of 1934 required the registration of certain types of firearms. Miles Edward Haynes was a convicted felon who was charged with failing to register a firearm under the Act. Haynes argued that, because he was a convicted felon and thus prohibited from owning a firearm, requiring him to register was essentially requiring him to make an open admission to the government that he was in violation of the law, which was thus a violation of his right not to incriminate himself.

Majority opinion

In a 7-1 decision, the Court ruled in 1968 in favor of Haynes. Earl Warren dissented in a one sentence opinion and Thurgood Marshall did not participate in the ruling.
http://en.m.wikipedia.org/wiki/Haynes_v._United_States
 

Loudly

(2,436 posts)
4. The availability of a gun at all-- guns in the hands of the public-- is the reason for this death.
Sat Jun 21, 2014, 01:12 PM
Jun 2014

Everything else is truly irrelevant.

The Green Manalishi

(1,054 posts)
6. Not sure I agree
Sat Jun 21, 2014, 01:47 PM
Jun 2014

What *is* needed is for draconian penalties for ANYONE who has anything to do with a stupid jerk like this guy getting the gun. Straw purchasers should be made a horrific example of, as well as any asshole who leaves their firearm where it can be stolen.

I'm willing to undergo pretty much any sort of background check and regular inspection and proficiency testing, but then I'm anal about mastering whatever I set out to do, be it shooting a .50 at 500 meters or chopping onions as good as Thomas Keller...

I think 'catch 22' should apply - the people who DON'T want background checks, registration and yearly proficiency testing are the folks who should not own a gun in the first place.

NutmegYankee

(16,199 posts)
12. And a lot of others disagree with you.
Sat Jun 28, 2014, 09:14 AM
Jun 2014

Like most gun owners, I do support background checks and waiting periods to prevent crimes of passion. While I also never load my firearms at home (only at the range) and store them unloaded and locked up, I cannot support registration or inspections.

Registration lists could be stolen or released by people who dislike gun owners and criminals would get a shopping list, or a state may decide to impose onerous taxes or rules on the owners like limitations on where they can live. Registration will prevent absolutely no crimes, and most guns used in a crime are traced back to the original purchaser by 4473 forms.

You state you want proficiency tests, but make no distinction that others may not be in their prime. While I was a skilled target competition shooter, an injury has sidelined me as wait to see if I will need surgery to correct the condition. Do you seriously propose stealing my firearms because I am temporarily disabled? Or even if it was permanent?

Inspection is a hideously authoritarian scheme in that it violates the 4th amendment by allowing authorities to enter your home without a warrant. The safe storage laws are unenforceable and can only be used after an event has happened.

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