1997-05-09 - “constructive” possession of a gun

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From: “William H. Geiger III” <whgiii@amaranth.com>
To: cypherpunks@algebra.com
Message Hash: 1f8707c8059cfc10a62b36c4f9543a098e93f9ae8dacf8d8ba7867f195e3fd65
Message ID: <199705091606.LAA31841@mailhub.amaranth.com>
Reply To: N/A
UTC Datetime: 1997-05-09 16:22:03 UTC
Raw Date: Sat, 10 May 1997 00:22:03 +0800

Raw message

From: "William H. Geiger III" <whgiii@amaranth.com>
Date: Sat, 10 May 1997 00:22:03 +0800
To: cypherpunks@algebra.com
Subject: "constructive" possession of a gun
Message-ID: <199705091606.LAA31841@mailhub.amaranth.com>
MIME-Version: 1.0
Content-Type: text/plain


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Senate Judiciary Committe -- 08 May 1997

Well the JackBoots are at it again.

Under current Federal Law 5yrs can be tacked on to a criminal sentance if a
gun is used in the commision of a crime. Now they have a new twist to add:
"constructive" possession of a gun during the commision of a crime.

Now what does "constructive" possession mean?

Well according to those who testified from the various depts of the
Excutive Branch it means that a gun happens to be in the area, or the
potential to use a gun or if you recoment that someone else use a gun
durring the commission of a crime even though the weapon was never used.

Some examples given:

If durring the planning of a bank robbery you recomend that a gun be used
durring the robbery even though you did not use the weapon or was not even
present durring the robbery you could still get the extra 5yrs.

If durring a drug deal taking place in the back seat of a car there is a
gun under the front seat of the car you would still get the extra 5yrs even
though the the gun was never used.

If durring a drug raid on your home and a gun is found anywhere in the
house, yes you would be elegible for the extra 60 months.

<sigh> why do they even pretend to be running a constitutional government?

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