28 Dec

David Gregory Innocent Of Gun Charges Due To Lack Of Criminal Intent?

Ace @ Ace of Spades HQ:

Just so the various know-nothings in the media, such as Howard Kurtz, understand this:

Some laws punish people strictly for possessing a thing declared contraband. There is no mental state required to be thrown in jail, apart from voluntarily possessing the contraband. You might be able to get off if you can prove someone sneaked the prohibited item into your luggage without your awareness. But the police have heard that an awful lot, and tend not to believe it.

There is no additional criminal intent required — voluntarily possessing the prohibited item is all the criminal intent that’s required.

Now, some laws do require an additional criminal intent. With drugs, you can get hit with the lesser charge of possession, or the more serious charge possession with intent to distribute.

But there is no “with intent to [x]” attached to most gun laws. With most gun laws, simple possession is enough to constitute a breach of the law.

Now, there are additional laws for using a gun in the commission of a crime. But straight up possession? Requires no additional crime beyond possession, just as a straight-up drug possession charge requires no additional crime beyond possessing the contraband.

So yes — David Gregory is innocent of having any additional criminal intent — just like 90% of all people arrested for gun violations are themselves guilty of no additional criminal intent beyond simple possession.

David Gregory is precisely as innocent as most people arrested for a gun infraction– and just as guilty, too.

Now, the idea being put forth by the media — that you should only be arrested for possessing a gun (or part of a gun, like a magazine) if you have the additional criminal state of intending to commit a crime with that gun (or gun part), is, how can I say this? A radical gun-nut rightwing notion. I think Ted Nugent might very well agree that gun laws should always be limited to situations where guns are used in the commission of the crime or possessed with the future intent of committing a crime.

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About Curt

Curt served in the Marine Corps for four years and has been a law enforcement officer in Los Angeles for the last 20 years.

5 Responses to David Gregory Innocent Of Gun Charges Due To Lack Of Criminal Intent?

  1. Hard Right says: 1

    As I have stated, liberals think the rules are for the little people, not for them.

    ReplyReply
  2. Nan G says: 2

    I have heard of children being expelled from school for merely wearing a t-shirt with a gun represented on it.
    Or drawing a stick figure that looks like it is armed.
    Or having a gun charm on a bracelet.
    Intent has nothing to do with any of those cases.

    ReplyReply
  3. Redteam says: 3

    If guns are outlawed, does that mean the SS will no longer be allowed to be body guards? Will anyone be allowed to have a body guard? If someone is allowed to have armed bodyguards, does that mean their life is more valuable than mine?

    ReplyReply
  4. johngalt says: 4

    Prosecute the dumbass so that he can see how stupid the laws he supports really are.

    ReplyReply
  5. Redteam says: 5

    @johngalt: That’s what I say

    ReplyReply

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