Judge Acquitted of Carrying a Gun in a Courthouse

Discussion in 'In the News' started by Malum Prohibitum, Oct 25, 2018.

  1. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    yep.

    "Jurist nullification."
     

  2. Phil1979

    Phil1979 Member Georgia Carry

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    Juror citizens should do likewise favors for their fellow citizens. They never know when they'll be in the same boat.

    But people enjoy too much the power of being able to cage others at the behest of government, even when the government threatens to cage them if they don't show up for jury duty. The irony is overwhelming.
     
  3. NTA

    NTA Well-Known Member

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    A judge should always carry a gun. Legal or not.
     
  4. jsaund22

    jsaund22 Ninjaneering Computers

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    Schweisshund likes this.
  5. Darklock

    Darklock Active Member

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    the deputies and their supervisor all need fired. Their one job is courthouse security and they don't know who is permitted to carry a firearm into the courthouse. Don't get me started on the smugness and arrogance of the judge's lawyer. pulling out a toy gun for the reporters. He damn well knows what he did.
     
  6. moe mensale

    moe mensale Well-Known Member

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    Yes and I also agree with the "everyone" edit. :cheers:
     
  7. moe mensale

    moe mensale Well-Known Member

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    Had that been Joe Sixpack, with a real gun or a Super Soaker, he would have been unceremoniously proned out, tasered multiple times and anally probed without the benefit of proper lubrication. Apply the rules equally or not at all.
     
    Wheedle likes this.
  8. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    Really? So even though there were multiple witnesses, including two deputies, that saw him drop a gun, he gets a walk because they didn't seize it immediately under the pretence that they thought he may be allowed to carry it (for some reason). So, if law enforcement witnesses a crime, but doesn't arrest you immediately and seize the evidence because they are not sure at the time the event happens if it is a crime, then you can't be prosecuted and found guilty later? I don't think it works that way...
     
  9. Wheedle

    Wheedle Active Member

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    Not for you and I at least...
     
  10. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    I've seen that issue (the item not being tendered into evidence) come up over and over again, as a prosecutor. I've never yet had a case where I get to use that as a defense attorney, but I'd make that argument. I've seen it work (to my surprise). It makes no sense that you have to actually PRODUCE, in court, and submit as physical evidence for the jury to handle, the item that the defendant had. I would have said that's not necessary when plenty of other evidence shows what the object was and that the defendant possessed it.

    But, when it comes to guns and off-limits locations, if no cop laid hands on the gun right then and there, and if the suspect did not make any admissions that it was in fact a real firearm, how could the State meet its burden of proving it was actually a GUN, instead of a fake or replica or non-functional model of a gun? A starter pistol that only makes noise, but doesn't shoot projectiles? A movie prop?

    I've used fake (toy, or airsoft) guns in court before, as demonstrative evidence. It is unreasonable to expect that the State's evidence exclude the possibility that the gun was merely a prop to be used to recreate some part of a crime or accidental shooting in court? Does the judge bear any burden to raise this issue as a defense? I don't think so. His lawyer can just point out that not all items that look like guns really are guns, and then the ball's in the State's court to prove that it was a real gun.
     
    phantoms likes this.
  11. gunsmoker

    gunsmoker Lawyer and Gun Activist

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