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Thread: 14 y.o. in desecration case, prohibited as an adult? Eugene Volokh Conspiracy

  1. #1
    Regular Member
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    Feb 2013
    Thru Death's Door in Wisconsin

    14 y.o. in desecration case, prohibited as an adult? Eugene Volokh Conspiracy

    If the 14-year-old in the Pennsylvania Jesus statute "desecration" case is found guilty, would he be barred from owning guns as an adult? By Eugene Volokh
    I am responsible for my writing, not your understanding of it.

  2. #2
    Regular Member WalkingWolf's Avatar
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    Jul 2011
    North Carolina
    I don't believe any free person should be barred from owning firearms.
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  3. #3
    Campaign Veteran skidmark's Avatar
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    Jan 2007
    North Chesterfield VA
    As Prof. Volk points out, a lot hinges on what court tries what charge.

    If tried as a juvenile in a court not of record, there is neither a felony nor a misdemeanor. The defendant juvenile before the court can be found in need of serevices, or in need of supervision, and might even get sent to juvie prison for the next 4 (age 18) or 7 (age 21) years.

    If there is a transfer hearing and the individual is found competent to be tried as an adult the most he could get is 2 years. But in "§ 921(a)(20)(B), one sees that, 'The term ‘crime punishable by imprisonment for a term exceeding one year’ does not include … any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.'"

    Prof. Volk's attempts at defining what is an object of veneration and whether desecration applies only to one or some different class of objects is just so much distraction. As is his tangent regarding various First Amendment cases because in all of them there was a clear intent to make a political statement where no such intent can be observed in the instant case.

    The easy answer is "No." The detailed, fully thought out answer is "It depends."

    But that all hinges on how the crime is reported, how the case is reported, and how the verdict is reported. Even though it "seems" that he would not fall into the group of disqualified persons he may need to spend the next four (or more) years trying to establish that.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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  4. #4
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    Jan 2012
    earth's crust
    Its a goofy charge to begin with...more nanny state.

    Let Jesus handle the issue. Not Joe Law.

  5. #5
    Regular Member Gil223's Avatar
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    Jan 2012
    Weber County Utah
    The current administration's DOJ would never permit prosecution of anyone for desecrating anything Christian. Pax...
    Glocks ROCK!

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