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Delegate Morrissey, a dangerous person
- Thread starter peter nap
- Start date
It doesn't matter. He's pointing that pinky right at Philip and the Legislative Services girl looks lie she's ready to faint.
Citizen
Founder's Club Member
He can't be charged:
Section 9. Immunity of legislators.
Members of the General Assembly shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during the sessions of their respective houses; and for any speech or debate in either house shall not be questioned in any other place. They shall not be subject to arrest under any civil process during the sessions of the General Assembly, or during the fifteen days before the beginning or after the ending of any session.
Article IV, Sec 9, VA Constitution. (bold emphasis added by Citizen)
http://constitution.legis.virginia.gov/
Doncha y'all read the daggone constitutions?
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va_tazdad
Regular Member
Looks like he had a 30 rd magazine.
§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.
The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
Will he "lose" this big bad assault rifle like the 2 he lost while he was Commonwealths Attorney?
Citizen
Founder's Club Member
You might still get some traction with a strongly-worded complaint to the committee chair and his party leader ridiculing the knuckle-head for unsafe gun handling.
Did anybody ensure the rifle was unloaded? Did Morrissey? Did he report it was unloaded?
In the photo it looks like the bolt is closed? Did anybody demand the bolt be retracted to show clear?
Did anybody say, "Get your damned thumb out of the trigger guard?" Or, "Watch where you point that damned thing."
Did anybody ensure the rifle was unloaded? Did Morrissey? Did he report it was unloaded?
In the photo it looks like the bolt is closed? Did anybody demand the bolt be retracted to show clear?
Did anybody say, "Get your damned thumb out of the trigger guard?" Or, "Watch where you point that damned thing."
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va_tazdad
Regular Member
That is now.
Why can't he be charged 16 days after the session is over?
Sounds like a plan to me.
Why can't he be charged 16 days after the session is over?
Sounds like a plan to me.
Citizen
Founder's Club Member
Read it again. Its basically saying that nothing the members say in the session can be charged in any other place. The part about any other place just means they can't be prosecuted outside the capitol for things they said inside the capitol. The fifteen day limit is not a reverse statute of limitations on speech and debate; it forbids them being arrested under civil process for fifteen days after the session--this is separate from the speech and debate clause; its not tied to the speech and debate clause. Its its own thing.
This is no surprise. Speech and debate protections are very old. I'm pretty sure such existed in ancient Rome. It basically protects legislators from being arrested by more powerful political enemies. For example, suppose Cato badmouths Julius Caesar in legislative session (Cato actually did). Then Julius Caesar becomes a consul (highest executive post, sorta like president) and decides to prosecute Cato for slanderous speech or something. Without the speech and debate clause, Cato and anyone like him is open to prosecution or arrest as soon as his political enemies can manage/arrange to do it and get away with it because no one else has the power or thugs or military to prevent it.
It was a definite breach of speech and debate protections when Octavian invaded the senate with soldiers and told the senators how they were going to vote on something. When the senators started grumbling about Octavian's high-handed method, a soldier half-drew his sword and said they would get what they wanted with or without the senate's approval. This basically qwelled all senatorial expressions of dissent.
Anyway, the idea is to insulate legislators from more powerful political enemies. Insofar as many legislators are themselves just power-hungry people, its really just the Commission agreeing that the Corleones won't shoot or kidnap any Gambinos until after the meeting and not for anything they say during the meeting.
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Breach of the peace n. any act which disturbs the public or even one person. It can include almost any criminal act causing fear or attempting intimidation, such as displaying a pistol or shouting inappropriately.
http://legal-dictionary.thefreedictionary.com/breach+of+the+peace
If "Fighting Joe" has no CHP, then he is in violation of the Joint Resolution Commitee rule on having a gun in the GAB as well as possible violation of §18.2-287.4 which reads in part "is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition" - note that there is no requirement that the magazine actually be loaded.
sidestreet
Regular Member
I don't think you need to apologize river rat...,
it sounds like righteous indignation to me.
sidestreet
Jeremiah 29 v. 11-13
WE ARE NOT EQUAL, WE WILL NEVER BE EQUAL, BUT WE MUST BE RELENTLESS.
it sounds like righteous indignation to me.
sidestreet
Jeremiah 29 v. 11-13
WE ARE NOT EQUAL, WE WILL NEVER BE EQUAL, BUT WE MUST BE RELENTLESS.
Esanders2008
Regular Member
IANAL, but I believe in the first portion, it states something about the rifle having to be loaded. I believe the the portion about capability to hold ammo is so that someone can't see the police coming, then just eject unused ammunition to save their skin. Just my thoughts.
Walt_Kowalski
Regular Member
is it me, or are there 2 different AK's pictured? one with a thumb hole stock, and one with a under folder?
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roscoe13
Campaign Veteran
Yeah, but read the whole thing...
" § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or . . . "
Roscoe
Yep, different guns. The one last night has a folding stock.
Marco
Regular Member
Yep, two differrent AK variants...
Henrico Clerks office is closed today for the Holiday.
I sincerely hope Crazy Joe gets charged but the realist in me knows that won't happen.
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architect
Regular Member
So how big an "arsenal" is Morrissey hoarding at home? No way is he buying AK's right and left in this market!
You're right Marco, he won't be charged with anything but maybe he'll start thinking before doing stupid stunts.
Citizen
Founder's Club Member
The speech and debate clause is ancient; any court is going to give it lots of deference. I don't see a court treating that weapons display as a breach of peace. It wasn't brandishing; annoying as it was, he clearly wasn't threatening or trying to intimidate anyone--it was distinguishable.
Now that I think about it, the speech and debate clause was designed to protect against exactly what you all are trying to do, albeit by another legislator or the king. I'll wager that even the joint-resolution rule won't stand against the speech and debate clause. Its not like he was carrying a gun in the usual sense--he possessed exclusively for speech and debate. Rules don't trump the constitution.
You can try it; who knows, maybe it will stick. I very much doubt it, though. Unless...heh, heh, heh...you can find a judge who is his political enemy.
But, I think you have a better chance of publicizing his antics in light of gun safety violations such as I questioned above. And, the hypocrisy.
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Citizen
Founder's Club Member
Delegate Morrissey Arguing Against Nerf Guns Forty Years from Now
Delegate Morrissey showing his great-grandson how he's going to make his point against Nerf assault rifles in the 2055 General Assembly session.
There's a finger inside a triggerguard. Wait for it...
http://www.liveleak.com/view?i=9b5_1358515737 (sorry, I couldn't get it to embed)
Delegate Morrissey showing his great-grandson how he's going to make his point against Nerf assault rifles in the 2055 General Assembly session.
There's a finger inside a triggerguard. Wait for it...
http://www.liveleak.com/view?i=9b5_1358515737 (sorry, I couldn't get it to embed)
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VApatriot
Regular Member
Todd Gilbert absolutely nails this issue. http://youtu.be/Q_zCamW3KbQ This is a must watch!