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?
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?