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Posted: 6/3/2001 6:00:38 PM EDT
This is so confusing. If you can go to jail for having a flashider on a postban, do you get even more time for having a collapsible stock? Illegal full auto? That would be extra wouldn't it? Or is it a "After the first, the rest are free?" Does anyone really know or are we waiting for a landmark case?
Link Posted: 6/3/2001 6:24:13 PM EDT
1. No - if you have a flash hider on a postban you won't get more time if you also have a telestock on it. 2. If you've illegally converted your postban rifle to full auto and have added prohibited "assault features", you will probably not get any penalty for violating the '94 AWB. 18 USC 921(a)(30) defines a semiautomatic assault rifle. Since as converted to full auto, it is no longer semi, it cannot meet the statutory definition. Of course, to take advantage of that defense, you'd have to admit the gun in your possession was a converted and unregistered MG which,as I recall, has a much steeper penalty than a violation of the AWB.
Link Posted: 6/4/2001 3:14:49 PM EDT
[Last Edit: 6/4/2001 3:13:11 PM EDT by Happyshooter]
What about the guidelines? I only know them as regards corporate crime, but they may give points for additional offenses.
Link Posted: 6/6/2001 3:34:32 AM EDT
Happyshooter, Good question. The base level offense section is 2K1.6 and ranges from 26 to 6, depending on additional charges and criminal history. As you probably know, when you run the guidlines, your going to add and delete points for things such as role in the offense, acceptance of responsibility and criminal history. Then there is deviations for substantial assistance under 5K1 or 35b . . . Bottom line, it all depends on the individual case. 1st offender with no record and no aggravating factors? Could just be looking at 0-6 months range. More serious offender with a background (criminal history cat. 3 for instance)? Could be looking at a range of about 121-151 months or more. The federal guidlines are extremely complicated and very case specific in their application. I actaully enjoy calculating them and working objections at a hearing- especially when the burden is on the government to prove enhancements such as "use of a firearm" or "role in the offense" issues.
Link Posted: 6/7/2001 12:13:09 AM EDT
So having more than one illegal item on your post-ban is not a compounding factor when it comes to sentencing, but... you CAN be charged for multiple crimes on the same gun if so equipped, right?
Link Posted: 6/7/2001 4:28:56 AM EDT
[Last Edit: 6/7/2001 4:27:23 AM EDT by Steve-in-VA]
Originally Posted By GeneStoner: So having more than one illegal item on your post-ban is not a compounding factor when it comes to sentencing, but... you CAN be charged for multiple crimes on the same gun if so equipped, right?
View Quote
I don't think it would be a "compounding factor" to have more than one illegal feature- The crime would be for an illegal configuration, meaning more than one evil feature- that's all that would be considered at sentencing (so far as the weapon) and all that would be alleged in the indictment or information. BTW: Does Mr. Stoner know you are using his handle? [:)]
Link Posted: 6/7/2001 2:15:01 PM EDT
Either the gun is legal or it's not legal. It's like being "a little bit pregnant." Sentencing would depend upon just how "pregnant" the offending gun seemed to be and just how much role the owner had in getting the gun "pregnant."
Link Posted: 6/7/2001 2:35:58 PM EDT
(1) Since I own 2 Pre-Bans (and more than 2 Post-Bans) but own one more Pre-Ban upper than I have Pre-Ban Lowers, is that the same as having Full Auto parts with no Lower Receiver. (2)Since in the Military we called the "Flash Hider" a "Compensator", would this be a defense ???? (3)Is having a photograph of an M16 considered an offense ??? Or maybe in certain quarters offensive !!
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