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 Sound policy & logical thinking re guns - Massachussets 
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 Post subject: Sound policy & logical thinking re guns - Massachussets
PostPosted: Tue May 05, 2009 11:10 am 
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Question: Whether possession of a firearm by a disqualified person is a predicate offense that allows the state to seek pretrial detention of the accused?

Massachusetts Supreme Court concluded that it does not:

"[Possession] of a firearm does not, by its nature, involve a substantial risk that physical force against another may result. That a person possesses a firearm ... does not itself pose a substantial risk that physical force against another may result. Rather, it is the unlawful use of a firearm that involves a substantial risk that physical force against another may result."

"While we are cognizant that ... possessors of firearms may use firearms unlawfully, unlicensed possession of a firearm itself is a regulatory crime," Justice Spina wrote. "It is passive and victimless."

Commonwealth v. Young, 2009 WL 1162963 (Mass.)


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PostPosted: Tue May 05, 2009 11:26 am 
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Wow. Who would have believed that could come from the PROM? Of course, on the other hand is the idiotic decision from the 7th Circuit.

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PostPosted: Tue May 05, 2009 11:34 am 
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Astounding.

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PostPosted: Tue May 05, 2009 11:50 am 
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I used to live there, I'm glad I don't anymore.

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