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Greenday

When Common Sense Legislation Fails

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https://www.nj.com/news/2020/01/former-us-navy-servicewoman-headed-to-prison-for-illegally-buying-handguns-for-nj-couple.html

Short version: Woman given money by cousin, goes to VA, purchased 5 handguns and ammo, goes back to NJ, completes strawpurchase. Hours after delivering the guns, cops get a phone call about shots fired, find the cousin. Seller and cousin both get 18 months. Other illegal buyer got 3 years (Was also caught trying to scratch out the serial number on a gun). 

Why do we even bother with these laws if it's just a slap on the wrist? Strawpurchasing is one of THE biggest issues with misuse of guns (surprise, they were misused). Now who knows where the three missing handguns are or which felon probably has them. Meanwhile we ban stuff for shits and giggles. Large capacity magazine can net you 18 months. So the federal punishment for a strawpurchase is the same as have a 15 round magazine in NJ? Bump stock in NJ is 3-5 years.

Maybe if we just REALLY punished the dangerous felons, we wouldn't have to worry about banning accessories for the lulz.

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2 hours ago, Greenday said:

What do you mean by that depends. 

Gang bangers seem to get a pass or reduced sentences. I'm convinced it's to allow attorneys to make more money. The likelyhood of a repeat offense is high. Gangbanger calls same attorney and get another deal. Rinse and repeat. 

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1 hour ago, ChrisJM981 said:

Gang bangers seem to get a pass or reduced sentences. I'm convinced it's to allow attorneys to make more money. The likelyhood of a repeat offense is high. Gangbanger calls same attorney and get another deal. Rinse and repeat. 

Exactly, another way to view it is they (the gangbanders) will dime out their colleagues in a plea deal and get a reduced charge and something like a mag limit charge the DEMS prided themselves on while get tossed out in the plea deal. Compare that to a normal law abiding citizen that doesn’t know about the mag limit ban and he or she will be charged with the max charge as if state is actually accomplishing something.  All done by design thanks to the state of NJ lawmakers  

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3 hours ago, FXDX said:

Exactly, another way to view it is they (the gangbanders) will dime out their colleagues in a plea deal and get a reduced charge and something like a mag limit charge the DEMS prided themselves on while get tossed out in the plea deal. Compare that to a normal law abiding citizen that doesn’t know about the mag limit ban and he or she will be charged with the max charge as if state is actually accomplishing something.  All done by design thanks to the state of NJ lawmakers  

And there we have it, in a nutshell.

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6 hours ago, ChrisJM981 said:

Gang bangers seem to get a pass or reduced sentences. I'm convinced it's to allow attorneys to make more money. The likelyhood of a repeat offense is high. Gangbanger calls same attorney and get another deal. Rinse and repeat. 

He'd been charged but hasn't even been to trial yet.

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Then there is this guy

https://nj1015.com/nj-gave-texas-church-gunman-plea-deal-that-wiped-out-gun-felony/

Quote

The gunman who killed two congregants at a Texas church last month had been charged years earlier with a felony gun offense in New Jersey, where prosecutors later downgraded the crime to a low-level misdemeanor that had nothing to do with firearms

Though if you read the article, this guy was walking around with a non-operational shotgun. 

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17 hours ago, voyager9 said:

Then there is this guy

https://nj1015.com/nj-gave-texas-church-gunman-plea-deal-that-wiped-out-gun-felony/

Though if you read the article, this guy was walking around with a non-operational shotgun. 

Quote

A spokesman for the Union County Prosecutor's Office last week defended the deal as "fully reasonable and legally appropriate."

"The assistant prosecutor assigned to this case consulted with a member of the Union County Police Department Ballistics Unit, who determined that because the recovered weapon was missing a fundamental component, it was inoperable under the definition outlined in the applicable statute," the spokesman for the office said in a written statement.

So if he had committed a robbery or other crime with said inoperable shotgun, he wouldn't have been charged with "armed" robbery because "well hey, the firearm used to commit the crime doesn't actually work".  Would the same argument apply (it wasn't a legally defined as a firearm per statute) if the PD shot him because he was pointing what appeared to be a shotgun?  

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4 hours ago, tomk62 said:

So if he had committed a robbery or other crime with said inoperable shotgun, he wouldn't have been charged with "armed" robbery because "well hey, the firearm used to commit the crime doesn't actually work".  Would the same argument apply (it wasn't a legally defined as a firearm per statute) if the PD shot him because he was pointing what appeared to be a shotgun?  

Of course not!

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5 hours ago, tomk62 said:

So if he had committed a robbery or other crime with said inoperable shotgun, he wouldn't have been charged with "armed" robbery because "well hey, the firearm used to commit the crime doesn't actually work".  Would the same argument apply (it wasn't a legally defined as a firearm per statute) if the PD shot him because he was pointing what appeared to be a shotgun?  

Devils advocate:  If you had been pulled over for speeding would you be ok with being charged with felony firearm possession for an inoperable shotgun?
 

It is easy to criticize this deal because what this guy would go on to do. Hindsight is 2020.  At the time I can see the logic even if I’m not sure I agree with it. 

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2 hours ago, voyager9 said:

Devils advocate:  If you had been pulled over for speeding would you be ok with being charged with felony firearm possession for an inoperable shotgun?
 

It is easy to criticize this deal because what this guy would go on to do. Hindsight is 2020.  At the time I can see the logic even if I’m not sure I agree with it. 

Hell, when I head to the range, that's why my guns are either locked if they are semi-auto or I take the bolt out if it's a bolt action. One tiny extra shred of proof if the NJ gestapo feel like going after a law-abiding citizen.

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41 minutes ago, Greenday said:

Hell, when I head to the range, that's why my guns are either locked if they are semi-auto or I take the bolt out if it's a bolt action. One tiny extra shred of proof if the NJ gestapo feel like going after a law-abiding citizen.

Keep in mind the frame or receiver, the serialized part, is the firearm.  If you have your guns completely disassembled it makes no difference if they aren't being properly transported.

NJ gestapo?  Have the police hurt your feelings in the past?  Try dealing with police in your favorite socialist country.

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