Sound policy & logical thinking re guns - Massachussets
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kimberman
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Post subject: Sound policy & logical thinking re guns - Massachussets Posted: Tue May 05, 2009 11:10 am |
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Wise Elder |
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Joined: Thu Aug 11, 2005 7:48 pm Posts: 2782 Location: St. Paul
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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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Moby Clarke
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Post subject: Posted: Tue May 05, 2009 11:26 am |
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Longtime Regular |
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Joined: Tue Aug 16, 2005 9:09 pm Posts: 965 Location: North Minneapolis
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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.
_________________ It is about Liberty!
Political Correctness is a doctrine fostered by a delusional, illogical liberal minority, and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.
Chris
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DeanC
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Post subject: Posted: Tue May 05, 2009 11:34 am |
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Longtime Regular |
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Joined: Thu Mar 09, 2006 9:54 am Posts: 5270 Location: Minneapolis
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Astounding.
_________________ I am defending myself... in favor of that!
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bstrawse
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Post subject: Posted: Tue May 05, 2009 11:50 am |
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Senior Member |
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Joined: Sun Apr 12, 2009 6:51 pm Posts: 172
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I used to live there, I'm glad I don't anymore.
b
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