22Luke36
Regular Member
No knee jerking allowed. Go take 5.
We all know the the current law, MCL 750.227, which emasculates even the women in our state, denies everyone the right to defend themselves with really, anything that might be interpreted as a weapon. Law with it's threatenings cited below.
It is commonly believed that a law abiding citizen could be charged who was found to be in possession of some item in the car, say, a screwdriver, knife, hammer, what have you, and that the prosecution would then have to prove that there was intent to use the item as a weapon unlawfully. I think we all agree here.
But.
What if, the item were a firearm? (put your knee back now please).
When specific items are listed in the law as cited below, dagger, dirk, stiletto, a double-edged yada yada yada, we also find firearms specified on that list. But, when a firearm is found, the prosecution it seems, no longer has to prove intent. It is implied, and that is...inconsistent, if not unethical.
Applying the standard unilaterally to any item enumerated on the infringement cited below, firearms as well, the prosecution should NOT be able to gain a conviction on merely the presence of a firearm, but would have to prove intent, just as s/he would have to if any other item in question was being used to subvert the rights of, and permanently subject the defendant to a lifetime of defenseless persecution from enemies on both sides of the law.
Thoughts?
750.227 Concealed weapons; carrying; penalty.
Sec. 227.
(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.
(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.
(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.
We all know the the current law, MCL 750.227, which emasculates even the women in our state, denies everyone the right to defend themselves with really, anything that might be interpreted as a weapon. Law with it's threatenings cited below.
It is commonly believed that a law abiding citizen could be charged who was found to be in possession of some item in the car, say, a screwdriver, knife, hammer, what have you, and that the prosecution would then have to prove that there was intent to use the item as a weapon unlawfully. I think we all agree here.
But.
What if, the item were a firearm? (put your knee back now please).
When specific items are listed in the law as cited below, dagger, dirk, stiletto, a double-edged yada yada yada, we also find firearms specified on that list. But, when a firearm is found, the prosecution it seems, no longer has to prove intent. It is implied, and that is...inconsistent, if not unethical.
Applying the standard unilaterally to any item enumerated on the infringement cited below, firearms as well, the prosecution should NOT be able to gain a conviction on merely the presence of a firearm, but would have to prove intent, just as s/he would have to if any other item in question was being used to subvert the rights of, and permanently subject the defendant to a lifetime of defenseless persecution from enemies on both sides of the law.
Thoughts?
750.227 Concealed weapons; carrying; penalty.
Sec. 227.
(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.
(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.
(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.
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