Hagerstown Woman Accused of Possessing High Capacity Magazine

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  • Some Guy

    Ultimate Member
    MDS Supporter
    Oct 26, 2017
    1,019
    The proposed law is interesting in that it stipulates minimum sentencing times of five to ten years for those using firearms in the commission of a "crime of violence" or a "felony" as defined by Maryland law. On its face it allows the law to put away violent criminals for five or more years, and it limits judicial ability to reduce the sentence (I think.)


    But- I am not sure about the extent of the Maryland definition of felony, though. For example, if the legislature passes legislation this year that says mere possession of X type of magazine or firearm is a felony in itself, could this proposed legislation expose many currently lawful firearm owners to considerable risk? That is, possession of X is a commissioned felony, and oh, btw, the possession of X also happens to mean that the charged person is deemed to have used X is the commission of the original felony. Therefore, five years. This is close to double jeopardy, but in Maryland I have no doubt some prosecutors would try to do this.

    I'm not a lawyer, but it's this initial assessment anything close to correct? Because if it is and this legislation passes along with other laws restricting possession of X, not good. Law abiding today, felon in October.

    Any ideas?
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,967
    Fulton, MD
    A charge adds no time to a sentence if its dropped. Another feel good law that only helps persuade someone towards a plea deal - with that charged dropped...

    Sent from my SM-G965U using Tapatalk
     

    Some Guy

    Ultimate Member
    MDS Supporter
    Oct 26, 2017
    1,019
    For purposes of my comment, I'm more concerned about how this law could be used against those who legally own and possess X firearm today and who are also NOT using them in criminal endeavors (i.e. law abiding firearm owners,) and if that legal ownership or possession could be construed as a felony later this year. A felony with a minimum sentence of five years. I just don't know enough about local law to determine if this is a possible or likely scenario.

    I'm going to drag this one over to the proposed legislation thread.
     

    davsco

    Ultimate Member
    Oct 21, 2010
    8,624
    Loudoun, VA
    they/we really should do away with all firearm's-related laws. all is well and good until you use one in the commission of a premeditated violent crime and then you go to jail for at least ten years if not 30 or 50. ditto for using a knife or anything else.
     

    pilot25

    Ultimate Member
    Jul 13, 2016
    1,822
    "This story was updated at 9:45 a.m. Jan. 24, 2019. Due to a reporter's error, one of the charges in a story about the arrest of Fantasia Rivera was incorrect. Rivera was charged with the use of a magazine with a capacity of more than 20 rounds in a crime of violence. The headline was corrected at 10:20 p.m. to correct the same error."


    I just read the article and didn't see any false statements until I got to the bottom and see the above.
     

    Rob R.

    Active Member
    Oct 29, 2016
    771
    Harford Co
    That article and her picture got me all hot n’ bothered (not even remotely in a good way)
    A 2yr old shot himself in the chest with a stolen gun, she then took the gun and hid it at a playground??
    With her history/rap sheet and consistant probation violations her only address should be a Maryland corrections facility
     

    eruby

    Confederate Jew
    MDS Supporter
    That article and her picture got me all hot n’ bothered (not even remotely in a good way)
    A 2yr old shot himself in the chest with a stolen gun, she then took the gun and hid it at a playground??
    With her history/rap sheet and consistant probation violations her only address should be a Maryland corrections facility pushing up daisies.
    Fixed
     

    Amigo109

    Active Member
    Jan 25, 2018
    265
    Columbia MD
    This girl made the choice to live a thug life (evidenced by gang style neck and face tats) and she is living it. To the detriment of herself and society.

    Statistically speaking, the kids she has will also follow suite.

    What a shame! And when you get a tat like that, you're basically saying I want to limit my career choice to 1/1000th of what it might otherwise be.

    Sent from my SM-N950U using Tapatalk
     

    owgriffin

    Member
    May 15, 2012
    51
    Assault Pistol ?

    The article said it was a Glock Pistol, but the charging law seems to indicate that it is a short barrelled rifle aka an "assault pistol" which I thought was a pistol caliber weapon where the magazine is in the middle of the weapon, not in the handle.

    Regardless, it seems like it was mischarged unless Glock makes something I am not aware of, which could certainly be true.

    Because this occurred outside of Baltimore city and the perp is white, they may actually charge for the gun crime. It seems in Baltimore, they rarely charge for the gun crime because it comes with mandatory sentences. I thought that is why a bunch of these murderers are back out on the street in 6 years or so. Not sure if I am an informed source, but am repeating what I have heard.
     

    RobSto

    Member
    Aug 17, 2018
    5
    Wanted: One of those.

    I mostly signed up for this site for HQL question at first. I wanted to get a HKVP9 LE at the end of last year but no one had any at like 5 stores I went to. I may be interested in one of those Krazy Girls instead. :innocent0 Does anyone know if they have one of her in stock locally?

    Thanks.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    The article said it was a Glock Pistol, but the charging law seems to indicate that it is a short barrelled rifle aka an "assault pistol" which I thought was a pistol caliber weapon where the magazine is in the middle of the weapon, not in the handle.

    Short barreled rifle and "assault pistol" are two TOTALLY different things.

    You need to do some reading about Maryland's "assault pistol" laws. Under MD law, "assault pistols" (there is a list in the law) are banned from sale, transfer, etc. You can possess one, if you owned it prior to the ban.

    A Short Barreled Rifle is a rifle (shoulder stock) with a barrel less than 16 inches.
     

    MindTheGAP

    Active Member
    Jan 4, 2018
    574
    Maryland
    The crime was the possession of the firearm, not the magazine itself, correct? Otherwise, there's a serious problem here. (outside of the walking disaster that woman is)
     

    Docster

    Ultimate Member
    Jul 19, 2010
    9,775

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