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- - Why is this a federal charge and not state? (http://goldismoney.info/forums/showthread.php?t=409596)

Hivemindgammahydra7 | 09-22-2009 02:12 PM
Why is this a federal charge and not state? The original headline read "convicted on a federal weapons charge," but isn't this a state matter? Was the news headline simply in error? Please advise. http://sports.yahoo.com/nfl/news?slu...v=ap&type=lgns

Abouthadit | 09-22-2009 02:26 PM
Re: Why is this a federal charge and not state? �This was not an intentional criminal act,� Brafman said the day of the plea. �In my judgment, a two-year prison sentence is a very severe punishment.� severe punishment for the severe crime of self defense. can't allow any uppity citizens to think they don't have to bow at the altar of the State.

Bx3 | 09-22-2009 02:46 PM
Re: Why is this a federal charge and not state? Maybe it was a reporting error. I don't see anything mentioning federal charges in the article you linked. The only thing I can imagine is that if he lived in Jersey (not sure where he lives) and carried the gun illegally(oxymoron I know) over state lines into NY then it would be a federal violation. There in lies the rub.:banghead: Bx3

PhysicalAsset | 09-22-2009 02:58 PM
Re: Why is this a federal charge and not state? From the Article: Quote:
The gun was not licensed in New York or in New Jersey, where Burress lived.
He transported across state lines w/out being properly licensed in both states (origin and destination as per FOPA) thus it is a federal charge.

TLM | 09-22-2009 03:47 PM
Re: Why is this a federal charge and not state? I think shooting himself in the leg was punishment enough.

joe_momma | 09-22-2009 04:01 PM
Re: Why is this a federal charge and not state? Not sure it is a federal charge http://www.queensdefense.com/guns.htm A "pure" criminal possession of a weapon case (gun case) in New York will be a situation in which the only (or the most serious) charge against the defendant is criminal possession of a weapon of some degree. In other words, the defendant will be charged with possessing one or more guns and nothing else. In New York criminal possession of a weapon, for the purposes of "gun cases" is classified into three "degrees" or levels of seriousness. Criminal Possession of a Weapon in the Second Degree, Third Degree, and Fourth Degree. Criminal Possession of a Weapon in the Second Degree is a class C felony, Third Degree is a class D felony, and Fourth Degree is a class A misdemeanor. The class C felony is punishable by a maximum of 15 years in prison, the D felony by a maximum of 7 years in prison, and the A misdemeanor by a maximum of 1 year in jail. Also, there is a theoretical 1 year mandatory jail sentence on any felony gun conviction.

AurumAg | 09-22-2009 04:36 PM
Re: Why is this a federal charge and not state? In order to avoid charges, one must use the "gun" only as a persuasive method to stop the assailant in his tracks. Once you have the attention of the perp, use a baseball bat, garden implement, or other un-regulated weapon to physically subdue the criminal. Then hide the gun, call 911, and request the meat wagon arrive to cart-off the remains.

Real Money Now | 09-22-2009 05:22 PM
Re: Why is this a federal charge and not state? Quote:
Originally Posted by Hivemindgammahydra7 (Post 1934445) The original headline read "convicted on a federal weapons charge," but isn't this a state matter? Was the news headline simply in error? Please advise. http://sports.yahoo.com/nfl/news?slu...v=ap&type=lgns
The judge is a New York State judge, so apparently just an ignorant error on the part of the media (surprise). http://www.courts.state.ny.us/courts...urtrooms.shtml In any case, a typical bullshit charge flying in the face of the Second Amendment.

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