Well, seeking redress is protected under the first amendment, and that’s a violent felony, so possession of an improperly taxed shotgun is probably violent somehow too.
The article does not mention the range of sentences state to state for a one, or two, or three time felon found in possession of a firearm (any firearm), without this law being applied; nor does it mention the range of sentences for possession of an illegal sawed of shotgun without prior felonies.
I would guess such sentences are substantial, and the law discussed, when used in a case of a 3 time felon in possession of an untaxed, illegal, sawed-off shotgun, is an example of the choices prosecutors get to make in piling on charges against a defendant.
I’d also guess the individual in this case isn’t getting out of prison any time soon even if the SC decides in his favor on this one issue.
April 19th, 2015 at 1:57 pm
Well, seeking redress is protected under the first amendment, and that’s a violent felony, so possession of an improperly taxed shotgun is probably violent somehow too.
April 19th, 2015 at 4:40 pm
The article does not mention the range of sentences state to state for a one, or two, or three time felon found in possession of a firearm (any firearm), without this law being applied; nor does it mention the range of sentences for possession of an illegal sawed of shotgun without prior felonies.
I would guess such sentences are substantial, and the law discussed, when used in a case of a 3 time felon in possession of an untaxed, illegal, sawed-off shotgun, is an example of the choices prosecutors get to make in piling on charges against a defendant.
I’d also guess the individual in this case isn’t getting out of prison any time soon even if the SC decides in his favor on this one issue.