Due process
We don’t need any: New gun-control legislation would prohibit those arrested but not convicted of drug crimes from possessing firearms
Odd. Two references to Schumer in a day.
Remember, I do this to entertain me, not you.
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March 23rd, 2011 at 12:26 pm
typical. guilty even if proven innocent. morons.
March 23rd, 2011 at 12:58 pm
Not just morons, J, FASCIST morons. We’re looking at nothing less than the rise of the New American Nazi Party, and the irony is, their Gauleiter seems to be Jewish…
http://rivrdog.typepad.com/straight_case/2011/03/attack-on-civil-rights-in-progress.html
March 23rd, 2011 at 1:10 pm
Step 1: Ban people who have been arrested for drug crimes from owning guns
Step 2: Arrest every gun owner for possession of drug paraphanelia (like owning a lighter or a coke can)
Step 3: Profit!
March 23rd, 2011 at 1:12 pm
Markie Marxist sez: “Ha! Ha! We created NICS with its list of prohibited persons, now we just have to expand that list to include most, if not all, private citizens. We’re also close to expanding NICS to include all gun sales, thus banning all private sales, so that the only legal way to acquire a gun will be through NICS.
Eventually we’ll have anyone who has any encounter at all with law enforcement on the list. Swipe card drivers’ licenses will make that easy. The cop swipes your card and bans your gun at the same time – there’s your due process! Ha! Ha! Just that easy!
Who says we Marxists don’t own this country! All your right to keep and bear arms are belong to us! And we’re not going to let you have any! Just ask my commie compadre, Senator Schumer! Ha! Ha! Just like the ‘Soup Nazi’ from Seinfeld, Schumer the Gun Nazi says, ‘NO GUN FOR YOU!’ Ha! Ha! He’s such a wonderful, hard line Stalinist, isn’t he? What a commie!”
March 23rd, 2011 at 1:31 pm
Seeing as nearly all currency has traces of cocaine on it, anyone can be arrested for drug possession or possession of drug paraphernalia. The charge won’t stick, but under Senator Schumer’s bill, the loss of your gun rights will, because that’s just the kind of cross between a facist thug and a communist thug that the Senator from Crooklyn is.
Any cop who wants to arrest you for having drug paraphernalia in your wallet will own your gun rights and will be empowered to dispose of them as he pleases.
“This dollar bill looks like it has traces of cocaine on it. Have you been snorting coke with this dollar bill? Never mind, we’re arresting you for possession of drug paraphernalia. You have the right to remain silent . . .”
March 23rd, 2011 at 2:21 pm
This is some bullshit..
March 23rd, 2011 at 4:37 pm
Don’t know why this gets you guys so upset. This kind of “guilty until proven innocent” punishment is common.
The law is very similar here in Tennessee.
Get arrested for some BS charge and you lose your right to purchase a weapon. Since most courts are backlogged, this can mean years before you can purchase a firearm even if the charges are ultimately dropped.
March 23rd, 2011 at 4:43 pm
Jim: Now that I know that’s the law In TN, I’m upset about it there too.
Happy?
March 23rd, 2011 at 9:20 pm
Hey,
Sarcasm doesn’t translate well to the written text.
I plan on letting this current Republican wave keep rolling into 2012. Then I intend to hit up a couple of firebrands(like Campfield) and a few conservative Dems(like Eddie Bass, if he survives re-election). I think it is entirely possible to have this oddity of the law repealed.
March 24th, 2011 at 7:57 am
After reading the article it seems even the Brady Campaign has some issues with this.
Seriously, if the Bradies have problems with your gun control law that are about it being TOO restrictive you got problems.
March 24th, 2011 at 8:51 am
Jim:
What’s the TCA on that? I’ve never heard that.
March 24th, 2011 at 9:06 am
I am not yet sure of the Code number. It seems to be a Metro/TBI unwritten policy.
Looks like felony arrests, domestic arrests, and certain specific misdemeanors get reported to TBI for a “hold” on the arrested. This hold stays put until the arrested appeals his denial to the TBI with proof of the non-conviction. Strangely, no one seems to want to go on record about this reporting “anomaly.”
March 24th, 2011 at 9:29 am
That’s completely different than turning people arrested for drug offenses into prohibited persons. In that scenario, it’s off-to-prison-with-you if you’re caught with any firearm or ammunition. In the scenario you describe, it just makes it difficult to buy from an FFL. You could still legally purchase from an individual. It would be a hassle, and annoying, and infuriating, but it wouldnt turn you into a felon.
March 24th, 2011 at 9:54 am
Okay, here you go. TCA 39-17-1316(n), (o), and (p) are the sections you are looking for.
(n) says the TBI has to deny you if you’ve been arrested for something that would cause you to be a prohibited person upon conviction, but they can’t tell if you’ve been to court or the charge has been dropped.
(o) says the TBI has 15 calendar days to find out what the status is, and that the denied purchaser can help them out. If they can’t figure out what the “final disposition” is, then they give the FFL a “conditional proceed.” The FFL can then decide whether or not to complete the sale.
(p) says that as soon as they get a letter from the county clerk saying you haven’t gone to court yet, the TBI has to reverse it’s denial.
None of these sections have any sort of criminal liability.