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5-Points

We Need Moar Common Sense Gun Laws!@#!

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Yeah, eat a d!ck. 

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10 minutes ago, easilyscan said:

Judge wearing a bowtie ?

He probably dines on  _ _ _ _ nightly. 

That's Judge Fleisher - he's pretty good.  You don't want to get in The Fleischer Dome.

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1 hour ago, EternalShinyAndChrome said:

That's Judge Fleisher - he's pretty good.  You don't want to get in The Fleischer Dome.

He's a racist pos. The cops were well within the law to stop this guy for trespassing and charge him with resisting arrest/ fleeing and eluding and possession of an illegal firearm, with multiple loaded mags in his possession. This POS dismissed it just because the kid is black. 

I don't want to hear anymore buIIshit about common sense gun laws. Enforce the laws on the books or STFU. 

 

 

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1 hour ago, easilyscan said:

Judge wearing a bowtie ?

He probably dines on  _ _ _ _ nightly. 

 

 

Total doosh. 

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9 minutes ago, RaiderHaters Revenge said:

Judge made the right decision. 
 

im against the gun laws on the books. Kid is 19 and an adult. Thus has the right to carry a firearm 

So. you don't need a permit to conceal and carry? 

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3 minutes ago, RaiderHaters Revenge said:

Nope you don’t according to the constitution. And a lot of states have removed permits for conceal and carry

I guess there are like 29 states that allow permitless carry. I never felt the need to carry them around. But I don't live in hellholes these days. 

But didn't the guy claim it is his mother's gun? So not his. 

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5 hours ago, RaiderHaters Revenge said:

Judge made the right decision. 
 

im against the gun laws on the books. Kid is 19 and an adult. Thus has the right to carry a firearm 

No, he didn't. 

The guy doesn't have the right to be in the park after dark when the park is closed, that trespassing. At that point he's subject to questioning. He then runs from the cops, also illegal. He wasn't legally in possession of the gun, another crime...

The judge is a pos. 

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3 hours ago, The Real timschochet said:

Too bad. You’re going to have to because we need some. 

No we don't. 

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5 hours ago, The Real timschochet said:

Too bad. You’re going to have to because we need some. 

Oh? Do tell. Expand on that.

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22 minutes ago, Nomad99 said:

Oh? Do tell. Expand on that.

He wants to slow play the end goal of banning guns in the US.

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2 hours ago, 5-Points said:

No, he didn't. 

The guy doesn't have the right to be in the park after dark when the park is closed, that trespassing. At that point he's subject to questioning. He then runs from the cops, also illegal. He wasn't legally in possession of the gun, another crime...

The judge is a pos. 

Trespassing is a misdemeanor. And I disagree with the possession part as per the constitution, but hey that’s me I’m a 2a absolutist. Apparently one of the few that exist. 
 

he prob knew he was gonna get popped for carrying a gun so he tried to run. If he wasn’t criminalized unconditionally prior maybe he just tells the cop sorry I didn’t know I couldn’t be here and leaves quietly 

cops love to escalate these situations anyways.  And quite frankly I complete agree if the kid isn’t black it’s not a thing

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2 hours ago, 5-Points said:

No, he didn't. 

The guy doesn't have the right to be in the park after dark when the park is closed, that trespassing. At that point he's subject to questioning. He then runs from the cops, also illegal. He wasn't legally in possession of the gun, another crime...

The judge is a pos. 

We are all subject to questioning by the police at any time.  No cause or rerasonable articulable suspicion is required.  they can jusdt walk up to you, say "how's it going?" and that is perfectly legal.  Also avoiding police contacts, running from them, is not illegal, generally.  Fleeing from them AFTER being told you are detained or arrested is. 

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1 hour ago, Nomad99 said:

Oh? Do tell. Expand on that.

I have about a million times before. I want to have universal background checks on all private sales of firearms. I want every firearm legally owned in this country registered in a national database. And I want certain firearms illegal to own- like, but not limited to, AR-15s. 
 

Thats all I want for now. 

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35 minutes ago, The Real timschochet said:

I have about a million times before. I want to have universal background checks on all private sales of firearms. I want every firearm legally owned in this country registered in a national database. And I want certain firearms illegal to own- like, but not limited to, AR-15s. 
 

Thats all I want for now. 

I want......I want.....I want.

Sounds about right.......or left.

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1 hour ago, RaiderHaters Revenge said:

Trespassing is a misdemeanor. And I disagree with the possession part as per the constitution, but hey that’s me I’m a 2a absolutist. Apparently one of the few that exist. 
 

he prob knew he was gonna get popped for carrying a gun so he tried to run. If he wasn’t criminalized unconditionally prior maybe he just tells the cop sorry I didn’t know I couldn’t be here and leaves quietly 

cops love to escalate these situations anyways.  And quite frankly I complete agree if the kid isn’t black it’s not a thing

I'm a staunch supporter of the 2A. I agree with you that the 2A is my carry permit. I can't very well bring it to bear if I can't keep it with me. 

However, if we are going to have laws, judges should uphold them and not subjectively prosecute them based on their own agenda. 

If we aren't going to hold people accountable for breaking the laws we already have, people need to stfu about adding more restrictions on our constitutional rights. 

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1 hour ago, Engorgeous George said:

We are all subject to questioning by the police at any time.  No cause or rerasonable articulable suspicion is required.  they can jusdt walk up to you, say "how's it going?" and that is perfectly legal.  Also avoiding police contacts, running from them, is not illegal, generally.  Fleeing from them AFTER being told you are detained or arrested is. 

Sure. And we are free to remain silent when they question us. However, in this instance, the cops had begun to search him and that's when he ran because he knew he had a gun he wasn't supposed to have. 

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2 minutes ago, 5-Points said:

I'm a staunch supporter of the 2A. I agree with you that the 2A is my carry permit. I can't very well bring it to bear if I can't keep it with me. 

However, if we are going to have laws, judges should uphold them and not subjectively prosecute them based on their own agenda. 

If we aren't going to hold people accountable for breaking the laws we already have, people need to stfu about adding more restrictions on our constitutional rights. 

the thing is, I would say this is more like illegal search and seizure, its just like if a cop pulls me over for a speeding violation, he CANNOT search my car

on that grounds as well I think it should be tossed

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2 hours ago, The Real timschochet said:

I have about a million times before. I want to have universal background checks on all private sales of firearms. I want every firearm legally owned in this country registered in a national database. And I want certain firearms illegal to own- like, but not limited to, AR-15s. 
 

Thats all I want for now. 

Non-starter. None of that would prevent the illegal misuse of firearms. 

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1 hour ago, RaiderHaters Revenge said:

the thing is, I would say this is more like illegal search and seizure, its just like if a cop pulls me over for a speeding violation, he CANNOT search my car

on that grounds as well I think it should be tossed

If the search were illegal, which I don't believe it was, then the doosh behind the bench should have said so. He didn't have that option so he went the woke route instead. 

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1 hour ago, 5-Points said:

Sure. And we are free to remain silent when they question us. However, in this instance, the cops had begun to search him and that's when he ran because he knew he had a gun he wasn't supposed to have. 

So the analysis would be under Terry v. Ohio.  As that was not argued by the prosecution in the probable cause hearing the judge, who dresses a bit like Joe Pesci in that second court scene in My Cousin vinny was correct if not right.  I support judges bering correct even when they dress like clowns.

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1 minute ago, 5-Points said:

If the search were illegal, which I don't believe it was, then the doosh behind the bench should have said so. He didn't have that option so he went the woke route instead. 

i will agree with that, why was he searched though?

 

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2 hours ago, The Real timschochet said:

I have about a million times before. I want to have universal background checks on all private sales of firearms. I want every firearm legally owned in this country registered in a national database. And I want certain firearms illegal to own- like, but not limited to, AR-15s. 
 

Thats all I want for now. 

What would be the purpose of this national registry?  What information would be registered, the gun's serial number and the owners name, or ballistic information as well so if law enforcement ahs ballistic information at a crime scene and no suspect they could match the information to the putative owner?  What would be the legal standard for access to the registry?  Could it be accessed through a FOIA request, or would it be limited to law enforcement, and under what standard.  Would searching the data base require a warrant?

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Personally, I’m not very impressed by Common Sense.  Just consider what seems sensible to the common person and you might start to think that we need Excellent Sense.  Common sense will get you a lot more of what we have in this country already.  I say give me some leadership with excellent sense.

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40 minutes ago, Engorgeous George said:

What would be the purpose of this national registry?  What information would be registered, the gun's serial number and the owners name, or ballistic information as well so if law enforcement ahs ballistic information at a crime scene and no suspect they could match the information to the putative owner?  What would be the legal standard for access to the registry?  Could it be accessed through a FOIA request, or would it be limited to law enforcement, and under what standard.  Would searching the data base require a warrant?

The purpose is to help law enforcement identify illegal firearms and unlawful owners of firearms. I see no reason for anyone else to have access to it, Israel has universal registration and a higher percentage of gun owners than we do. 

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3 hours ago, The Real timschochet said:

The purpose is to help law enforcement identify illegal firearms and unlawful owners of firearms. I see no reason for anyone else to have access to it, Israel has universal registration and a higher percentage of gun owners than we do. 

I appreciate the partial answer.  Or maybe it was full.  You mentioned law enforcement would have access and maybe you meant that would be the only access so no FOIA requests, but that is less than clear to me.

 

I am wondering if this registration would be moving forward only, or if it wuld be retroactive, applying to all current ownership, not just new purchases.  If so I wonder if we have 5th amendment problems against self incrimination, particularly for current gun owners and I wonder about passing a law whose application could raise ex post fato concerns.  I am not certain such concerns could not be overcome with careful drafting of legislation, but I would have to think about it.  I do think there ae some hurdles here.

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6 minutes ago, Engorgeous George said:

I appreciate the partial answer.  Or maybe it was full.  You mentioned law enforcement would have access and maybe you meant that would be the only access so no FOIA requests, but that is less than clear to me.

 

I am wondering if this registration would be moving forward only, or if it wuld be retroactive, applying to all current ownership, not just new purchases.  If so I wonder if we have 5th amendment problems against self incrimination, particularly for current gun owners and I wonder about passing a law whose application could raise ex post fato concerns.  I am not certain such concerns could not be overcome with careful drafting of legislation, but I would have to think about it.  I do think there ae some hurdles here.

As much as I’d like it to happen, it never will because too many gun owners fear it will lead to government confiscation. So there’s no point in discussing the details. 

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1 hour ago, The Real timschochet said:

As much as I’d like it to happen, it never will because too many gun owners fear it will lead to government confiscation. So there’s no point in discussing the details. 

Fair enough.  Still, perhaps some constitutional scholars might chime in.  It might generate interesting discussion. (of course it might just devolve to a sh1tshow, but one can always hope for the best.

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4 hours ago, RaiderHaters Revenge said:

i will agree with that, why was he searched though?

 

Based on the kid's actions (repeatedly reaching for his waistband), the cops had a reasonable suspicion that he was armed so they initiated a "Terry frisk", according to the video. 

They had a legal right, under the law, to conduct a pat-down on the guy. He then attempted to flee, during which time the gun fell out of his waistband. If he was legally in possession of the firearm there would be no reason to run. He knew the jig was up so he tried to get away. 

 

 

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3 minutes ago, 5-Points said:

Based on the kid's actions (repeatedly reaching for his waistband), the cops had a reasonable suspicion that he was armed so they initiated a "Terry frisk", according to the video. 

They had a legal right, under the law, to conduct a pat-down on the guy. He then attempted to flee, during which time the gun fell out of his waistband. If he was legally in possession of the firearm there would be no reason to run. He knew the jig was up so he tried to get away. 

 

 

I didnt watch video, but yes, there’s huge difference between pat down for weapons and a search. They can occur at very different stages of a law enforcement encounter.  

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Bad people steal guns, bad people commit crimes with those guns, bad people kill people with those stolen or illegally obtained guns.

Don't ignore the elephant in the room. 

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5 hours ago, Engorgeous George said:

So the analysis would be under Terry v. Ohio.  As that was not argued by the prosecution in the probable cause hearing the judge, who dresses a bit like Joe Pesci in that second court scene in My Cousin vinny was correct if not right.  I support judges bering correct even when they dress like clowns.

I don't think the judge was correct. His "walking while black" horseshit was inaccurate. They were trespassing while black and illegally armed. 

And if the mother did, in fact, by the gun for her son, that's a straw purchase, which is a federal felony. She should be prosecuted for that as well. 

 

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1 hour ago, The Real timschochet said:

As much as I’d like it to happen, it never will because too many gun owners fear it will lead to government confiscation. So there’s no point in discussing the details. 

Some of my concerns might be addressed by trying to write the registration law as a civil infraction law correctable by forfeiture of the weapons rather than a criminal law, but I still have reservationas ablout how this could work, constitutionally.  And as you know forfeiture laws have come under constitutional scrutiny the lasst decade.

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45 minutes ago, 5-Points said:

I don't think the judge was correct. His "walking while black" horseshit was inaccurate. They were trespassing while black and illegally armed. 

And if the mother did, in fact, by the gun for her son, that's a straw purchase, which is a federal felony. She should be prosecuted for that as well. 

 

I think the prosecution did a poor job of articulating their probable cause during the probable cause hearing.

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