Author Topic: SC Strikes Down Add-on Penalties for Using Gun in "Crimes of Violence"  (Read 872 times)

MechAg94

  • friend
  • Senior Member
  • ***
  • Posts: 34,595
https://amp.dailycaller.com/2019/06/24/gorsuch-liberals-gun-crimes?__twitter_impression=true

I don't have a problem with this one.  If someone commits violence with a weapon, that is bad enough.  Guns shouldn't be singled out from other weapons.  Plus I figure these sorts of violations are usually under state law and the feds should stay out of that for the most part.  
Quote
Justice Neil Gorsuch joined with the Supreme Court’s liberal bloc to deal victory for criminal defendants Monday, striking down a federal law that punishes gun crimes as unconstitutionally vague.

The law at issue authorizes heightened penalties for individuals who use firearms to a commit a “crime of violence.” In dissent, Justice Brett Kavanaugh warned the decision would undermine public safety.

Reading this quote below, I don't have a problem with this.  
Quote
“Only the people’s elected representatives in Congress have the power to write new federal criminal laws,” Gorsuch wrote in the majority opinion. “And when Congress exercises that power, it has to write statutes that give ordinary people fair warning about what the law demands of them.”

“Vague laws transgress both of those constitutional requirements,” Gorsuch added. “They hand off the legislature’s responsibility for defining criminal behavior to unelected prosecutors and judges, and they leave people with no sure way to know what consequences will attach to their conduct.”
Plus I like the precedent of striking down vague laws.  I hope it carries over to other stuff, but I doubt it will for the liberal judges.

There are some quotes from Kavanaugh in the second half who was in the dissent. 
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

K Frame

  • friend
  • Senior Member
  • ***
  • Posts: 45,902
  • I Am Inimical
I'm sure the left is going to go wild over this.
Carbon Monoxide, sucking the life out of idiots, 'tards, and fools since man tamed fire.

Hawkmoon

  • friend
  • Senior Member
  • ***
  • Posts: 27,776
I'm sure the left is going to go wild over this.

So will the right.

I don't have a problem with it. I agree with MechAg94. My understanding is that, the way things were, if you pocketed the waitress's tip money when you left  Waffle House and you had a pistol in your pocket, you could be charged with using a firearm in a crime of violence. Maybe I'm overly pedantic but it seems to me that if there's a charge of "crime of violence," there should be some actual violence involved.
- - - - - - - - - - - - -
100% Politically Incorrect by Design

MechAg94

  • friend
  • Senior Member
  • ***
  • Posts: 34,595
And the penalties for an actual violent crime ought to be enough.  I think this was a reaction to prosecutors and judges letting violent offenders off without much punishment back in the day.  Just not a great way to do it.
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge