Automatic death penalty if someone uses a gun to commit a robbery, murder, attempted murder, rape, drive by shooting, revenge for having your girl friend stolen, etc. Bottom line, do not brandish or discharge a fire arm unless you are defending life or property.
1 Like
This law would be abused in democratic states that would try to prove it wasnt actually self defense for political purposes. They do it all the time. I agree with the concept but proving it on the stand is another story. You shoot in self defense and suddenly you are being tried as a cold blooded killer. Since when can you trust the justice system?
3 Likes
I agree with Melanie, this is using a very broad brush which can easily be turned against people who are defending themselves or their property. Too risky.
My thinking on firearms misuse. (A) Displaying a firearm with threat to harm without firing the weapon. =7 years in prison. No Parole permitted. If suspect pleads guilty the judge may reduce the sentence by no more than 12 months. If suspect enters any plea other than guilty, the judge is not permitted to reduce the sentence. (NOTE) Use of a firearm in defense of oneself, family, home/property or innocent by stander is not a crime and may not be used such). (B) Suspect fires the weapon without injuries. = 10 years in prison. No Parole permitted. If suspect enters a guilty plea, the judge may reduce the sentence by no more than 18 months. If any other plea is entered the judge is not permitted to reduce the sentence. (C) suspect fires the weapon causing injury. = 40 years in prison. NO Parole permitted. If suspect pleads guilty the judge may reduce the sentence by not more than 60 months. If any plea other than guilty is entered the judge may not reduce the sentence. (D) suspect fires a weapon causing death. = Death by firing squad. If suspect enters a guilty the judge may reduce the sentence to life without parole. If any plea other than guilty is entered the judge may not reduce the sentence. * What is a firing squad. A firing squad will consist of four volunteer shooters. To be a volunteer you must be an active or retired law enforcement officer. Or an active duty, reservist, veteran of the US military. Or a US Citizen with no criminal record with exception of minor traffic citations. All volunteers must prove their marksman ship to the Director of the Bureau of prisons or his/her appointee. Only three of the shooters will have “live Rounds” one shooter will be given a “dummy round”. All weapons will be loaded by the Director of the Bureau of prisons or his/her appointee. This way no one knows for sure if they had a live or a dummy round in the weapon they fire. These laws will apply to all persons having reached their 15th birthday on the day of the crime regardless of race, gender, national origin, or anything else. Any combination Fingerprints, DNA, Video/Audio records must be presented to file for the death penalty cases.
Adding to my thinking on misuse of a firearm. The reason for a firing squad are. (A) cost of a firing squad would be far less than lethal injection, or an electric chair. The biggest cost in a death penalty case is the endless appeal process. Let’s streamline it. If suspect is found guilty, they will have a minatory appeal. This appeal will be before a three-judge panel. If the panel finds reason for a new trail it will of course be granted. If no cause for a new trail is found the sentence will be carried out as soon as Bureau of prisons can do it. Of course, the suspect can appeal to the US Supreme court. As with all cases before the court they may refuse to hear the case, or they may hear the case and return it to the lower court for reason. Now let’s talk prosecutor/Lawyer conduct. Should it be later found that either the prosecutor or defense lawyer withheld any evidence weather it was used at trail or not, that prosecutor or defense lawyer IS GUILTY of withholding evidence and shall be charged and tried for same. This cluse will keep both sides on the up and up. Let’s talk possession of an illegal firearm. First question is what’s an illegal firearm. An illegal firearm is (A) Any firearm with the serial number removed or altered in any manner. (B) Any firearm that has been reported to any law enforcement agency as stolen. NOTE: Homemade firearms must have a serial number engraved on it by the maker. This number should be issued by the BATF and must be inspected by local, county, or state law enforcement department to ensure compliance. (C) any homemade weapon without a serial number engraved on it. (D) Possession of a firearm by any person prohibited by law from possessing a firearm. (E) possession of a firearm by an unsupervised child under 18 years of age. NOTE: This will not include children hunting or target shooting and under supervision at a reasonable distance (line of site). Children 15 to 18 will not require the line of site while hunting or target shooting when accompanied by an adult 18 years of age or older. (F) Possession of a firearm having been altered to fire in “fully automatic”. fully automatic being a discharge of more than one projectile with one depression of the trigger. So, penalties for A-F. (A) Possession of a firearm with a removed or altered serial number. 15 years in prison. No Parole permitted. If suspect pleads guilty the judge may reduce the sentence by no more than 18 months. If any other plea is entered the judge may not reduce the sentence. (B)Possession of a firearm having been reported stolen.18 years in prison. No parole permitted. If suspect pleads guilty the judge may reduce the sentence by no more than 24 months. If any other plea is entered the judge may not reduce the sentence. (C)Possession of a homemade gun without a seral number engraved on it.10 year in prison. No parole permitted. If suspect pleads guilty the judge may reduce the sentence by no more than 24 months. If any other plea is entered the judge may not reduce the sentence. (D) Possession of a firearm by prohibited person. 20 years in prison. no parole permitted If suspect pleads guilty the judge may reduce the sentence by not more than 24 months. If any other plea is entered the judge may not reduce the sentence. (E) possession of a firearm a child under15 years of age. 5 years in department of juvenile services. Note juveniles reaching their 18th birthday before the end of their sentence will be moved to adult department of corrections upon there 18th birthday. NOTE: All juveniles aged 15 to 18 will be charged as adults without exception. If a guilty plea is entered the judge may reduce the sentence but not more than 12 months. If any other plea is entered the judge may not reduce the sentence. (F)Possession of a firearm alter to fire as fully automatic. 40 years in prison. no parole permitted. If suspect enters a guilty the judge may reduce the sentence by not more than 60 months. If any other plea is entered the judge may not reduce the sentence.
See my post 2 about firearms misuse and let me know what you think.