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Old October 10th, 2018, 11:03 AM #921
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Quote:
Originally Posted by Abulg1972 View Post
Iíll bet youíre right
And just how does one differentiate between a "trigger spring" and a small helical coil of music wire that is similar in size to a part used in some firearm somewhere in the world. Will replacement springs for numerous mechanisms now disappear from hardware stores because they could be used to increase the rate of fire of some firearm?

Prosecutors may not usually file cases they can not win but there are many instances where people have been prosecuted for innocent mistakes.

Just something to think about:
http://www.ballpoint-pen-springs.com/
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Old October 10th, 2018, 11:41 AM #922
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Originally Posted by Abulg1972 View Post
He didn't say that. I was there . . .

Look, folks. I share your concern, which is why I submitted my own letter (have not heard back). But, I'm also realistic and I've been doing the law thing for 20 years. Yes, there have been instances across the country in which a wacky prosecutor did a wacky thing, but, by and large, (i) prosecutors don't bring cases that they know they won't likely win, (ii) prosecutors don't bring cases if they think the court might sanction them, and (iii) courts tend to read the law in a practical, common sense manner. Courts don't "go out on a limb all the time." Oil ain't a device. No one is going to get arrested for having a can of Rem Oil. There's too much chicken little here.
Would you tell that to Marilyn Mosby. Seems there were a few police officers who would argue that point with you.
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Old October 10th, 2018, 06:25 PM #923
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Does anyone know the schedule for next steps? I'm sure it has been posted here but this thread is so long. Any idea when the judge will rule on the State's motion to dismiss? I have to believe that he will deny that. It seems to me that this case should be one decided on motions. Not much fact finding to do here.
There is no time for the judge to decide. Guess? 3-6 months. As to motions: Agreed. Let's see what he does. We decide then.
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Old October 10th, 2018, 07:13 PM #924
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Originally Posted by Rab1515 View Post
The federal judge in this case disagrees, and stated that the device is so vague it could include oil.
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Originally Posted by Abulg1972 View Post
He didn't say that. I was there . . .

Look, folks. I share your concern, which is why I submitted my own letter (have not heard back). But, I'm also realistic and I've been doing the law thing for 20 years. Yes, there have been instances across the country in which a wacky prosecutor did a wacky thing, but, by and large, (i) prosecutors don't bring cases that they know they won't likely win, (ii) prosecutors don't bring cases if they think the court might sanction them, and (iii) courts tend to read the law in a practical, common sense manner. Courts don't "go out on a limb all the time." Oil ain't a device. No one is going to get arrested for having a can of Rem Oil. There's too much chicken little here.
From esqappellate's courtroom summary post:
Quote:
At the hearing, Judge Bredar remarked on the extreme vagueness of the Stateís law as he demonstrated how GUN OIL being used to lubricate A BOLT-ACTION RIFLE to "increase" the "rate of fire" of the rifle because the action could be worked more efficiently, meaning the trigger could be manually activated faster than it could before using the GUN OIL. The judge thus warned the State that he had real problems with how vague the statute was. In short, we don't know what is covered by this language covering a "device" that increases the "rate of fire" and neither does the State, the judge or anyone else. The potential for arbitrary enforcement is quite real.
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Old October 10th, 2018, 07:40 PM #925
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Originally Posted by Abulg1972 View Post
He didn't say that. I was there . . .

Look, folks. I share your concern, which is why I submitted my own letter (have not heard back). But, I'm also realistic and I've been doing the law thing for 20 years. Yes, there have been instances across the country in which a wacky prosecutor did a wacky thing, but, by and large, (i) prosecutors don't bring cases that they know they won't likely win, (ii) prosecutors don't bring cases if they think the court might sanction them, and (iii) courts tend to read the law in a practical, common sense manner. Courts don't "go out on a limb all the time." Oil ain't a device. No one is going to get arrested for having a can of Rem Oil. There's too much chicken little here.
Have you been paying attention? I saw a gun owner at the HPRB give a dissertation on how he was arrested and his gun was confiscated due to his permit being incorrectly listed as invalid or canceled. When the police found the error, they then charged him for being outside his permit restrictions. I don't remember how the charges were finally dropped, but it was a compelling testimony.

I used to live in Saint Mary's County and the State's Attorney was charged with violating the first amendment because he had the sheriff's deputies buy up all the local newspapers because it was going to discuss his conviction of raping a girl in his younger years. I'm not sure many of these State's Attorneys are honorable people. I've had my own run in with several from the St. Mary's office and I've had issues with several.
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Old October 10th, 2018, 09:05 PM #926
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I've known lots of prosecutors during my 33 years at the Dept. of Justice. Most are good, hardworking folks who try to do the right thing. And I've known bad ones. All prosecutors are merely human. All prosecutors wield enormous discretionary power over who to charge, when to charge and what to charge. Personally, I would not trust *any* prosecutor with my life or my reputation. And the law says I don't have to:

McDonnell v. United States, 136 S. Ct. 2355, 2373–74 (2016) (noting that “we cannot construe a criminal statute on the assumption that the Government will ‘use it responsibly’”) (quoting United States v. Stevens, 559 U.S. 460, 480-81 (2010) (“We would not uphold an unconstitutional statute merely because the Government promised to use it responsibly.”)); Wollschlaeger v. Governor, Fla., 848 F.3d 1293, 1322 (11th Cir. 2017) (“But we cannot find clarity in a wholly ambiguous statute simply by relying on the benevolence or good faith of those enforcing it.”); Lewis v. Alexander, 685 F.3d 325, 341 (3d Cir. 2012), cert. denied, 568 U.S. 1123 (2013) (“to the extent the agency is pleading for a chance to interpret the statute more leniently than the statute’s text might suggest, we question whether we can credit such an interpretation”).
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Old October 10th, 2018, 10:29 PM #927
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Quote:
Originally Posted by Not_an_outlaw View Post
Have you been paying attention? I saw a gun owner at the HPRB give a dissertation on how he was arrested and his gun was confiscated due to his permit being incorrectly listed as invalid or canceled. When the police found the error, they then charged him for being outside his permit restrictions. I don't remember how the charges were finally dropped, but it was a compelling testimony.

I used to live in Saint Mary's County and the State's Attorney was charged with violating the first amendment because he had the sheriff's deputies buy up all the local newspapers because it was going to discuss his conviction of raping a girl in his younger years. I'm not sure many of these State's Attorneys are honorable people. I've had my own run in with several from the St. Mary's office and I've had issues with several.
That sounds like some story's I would love to hear, but in a less public venue.
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Old October 10th, 2018, 11:15 PM #928
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Originally Posted by Not_an_outlaw View Post
Have you been paying attention? I saw a gun owner at the HPRB give a dissertation on how he was arrested and his gun was confiscated due to his permit being incorrectly listed as invalid or canceled. When the police found the error, they then charged him for being outside his permit restrictions. I don't remember how the charges were finally dropped, but it was a compelling testimony.
I sometimes wonder if this is a reaction to our overly litigious society. The police arrest him and discover they made a mistake. Police are human, mistakes do happen. The right thing to do would be to fix the mistake and apologize, but in our society, that apology gets taken and used as the grounds for a lawsuit, so instead, find another charge to charge him with.
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Old October 11th, 2018, 07:58 AM #929
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I sometimes wonder if this is a reaction to our overly litigious society. The police arrest him and discover they made a mistake. Police are human, mistakes do happen. The right thing to do would be to fix the mistake and apologize, but in our society, that apology gets taken and used as the grounds for a lawsuit, so instead, find another charge to charge him with.
Are the police rally to blame in that one? IIRC, police investigate, but the State's Attorney actually charges. SAs are elected officials, which demonstrates just how important downticket election races can be.

In AACO, there couldn't be a clearer choice where someone who has demonstrated contempt for self defense (Leitess) is running to kick Wes Adams out of the AACO SA job.
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Old October 11th, 2018, 08:32 AM #930
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Originally Posted by Not_an_outlaw View Post
Have you been paying attention? I saw a gun owner at the HPRB give a dissertation on how he was arrested and his gun was confiscated due to his permit being incorrectly listed as invalid or canceled. When the police found the error, they then charged him for being outside his permit restrictions. I don't remember how the charges were finally dropped, but it was a compelling testimony.

I used to live in Saint Mary's County and the State's Attorney was charged with violating the first amendment because he had the sheriff's deputies buy up all the local newspapers because it was going to discuss his conviction of raping a girl in his younger years. I'm not sure many of these State's Attorneys are honorable people. I've had my own run in with several from the St. Mary's office and I've had issues with several.


I was there, he actually brought in the evidence box that his firearm was eventually returned in. He is also a member here on MDS.
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