• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Drugs and Guns

DrewGunner

Regular Member
Joined
Jun 29, 2007
Messages
363
Location
Seattle, Washington, USA
imported post

So I was watching that new DEA show on the tube the other day and something that one of the DEA Agents said catch my attention. Long story short. They're in a "suspected dealers " house looking for pot, find the pot and find a gun. Guy says 'yea that's my gun, it registered in my name, so what'. DEA says something to the effect that it doesn't matter cause you have it with illegal drugs, your going to the Federal pen for 10 years...



So the question is it Illegal to have a gun if you are in possessionof drugs? Or is the DEA agent just an idiot?
 

TechnoWeenie

Regular Member
Joined
Jul 17, 2007
Messages
2,084
Location
, ,
imported post

DrewGunner wrote:
So the question is it Illegal to have a gun if you are in possession of drugs?  Or is the DEA agent just an idiot?


Yup, it's called an enhancement.

Dealing drugs = X years.

Dealing drugs while armed = X years + Y years



Most states have enhancements for committing crimes while armed. Problem is, 'innocent' people get tagged for them, and I say innocent because it could be some guy wanting to pay for a BJ, getting caught in a prostitution sting, who, instead of getting a ticket and a fine, is now charged as a felon because he had a CCW permit/pistol on him (committed a crime while armed). Most of the enhancements carry a mandatory minimum, so again, some young guy has a moment of poor judgment, and tries to pay for sex, turns into a 10 year mandatory sentence.
 

BigDaddy5

Regular Member
Joined
Jul 23, 2006
Messages
100
Location
, ,
imported post

Further, if you are in possession of a firearm while committing a felony, it doesn't matter if you own that firearm legally. RCW 9.41.098 says

" (d) In the possession or under the control of a person at the time the person committed or was arrested for committing a felony or committing a nonfelony crime in which a firearm was used or displayed;"

Some crimes can go from a misdemeanor to a class A felony simply for having a gun. Breaking into a car with a gun, even if you don't use it, is a class A felony. Breaking into a car without a gun is just a gross misdemeanor. (RCW 9A.52.100, car prowl 2nd, and RCW 9A.52.020 Burg 1)
 

Hammer

Regular Member
Joined
Jun 9, 2008
Messages
448
Location
Skagit Valley, Washington
imported post

Or is that breaking into a car without a Kahr? :)


BigDaddy5 wrote:
Further, if you are in possession of a firearm while committing a felony, it doesn't matter if you own that firearm legally. RCW 9.41.098 says

" (d) In the possession or under the control of a person at the time the person committed or was arrested for committing a felony or committing a nonfelony crime in which a firearm was used or displayed;"

Some crimes can go from a misdemeanor to a class A felony simply for having a gun. Breaking into a car with a gun, even if you don't use it, is a class A felony. Breaking into a car without a car is just a gross misdemeanor. (RCW 9A.52.100, car prowl 2nd, and RCW 9A.52.020 Burg 1)
 

bugly

Regular Member
Joined
Jan 13, 2009
Messages
310
Location
Taco-Ma, Washington, USA
imported post

I think the best thing to do is not commit crimes in the first place, that usually makes it easier to tally up how many years you'll get....
 

cynicist

Regular Member
Joined
Aug 16, 2008
Messages
506
Location
Yakima County, ,
imported post

As a general rule, it's a bad idea to mix them, law or no. If you are around people who practice that certain unenumerated right under the Ninth Amendment that George Washington wrote about on several occasions in his journal, then be sure you separate people who are using/possessing drugs from the guns; ie, have it on you, not within their "dominion of control" or whatever term they use.
 

BigDaddy5

Regular Member
Joined
Jul 23, 2006
Messages
100
Location
, ,
imported post

Hammer wrote:
Or is that breaking into a car without a Kahr? :)


BigDaddy5 wrote:
Further, if you are in possession of a firearm while committing a felony, it doesn't matter if you own that firearm legally. RCW 9.41.098 says

" (d) In the possession or under the control of a person at the time the person committed or was arrested for committing a felony or committing a nonfelony crime in which a firearm was used or displayed;"

Some crimes can go from a misdemeanor to a class A felony simply for having a gun. Breaking into a car with a gun, even if you don't use it, is a class A felony. Breaking into a car without a car is just a gross misdemeanor. (RCW 9A.52.100, car prowl 2nd, and RCW 9A.52.020 Burg 1)
Yep, that's what I meant...woops!
 

DrewGunner

Regular Member
Joined
Jun 29, 2007
Messages
363
Location
Seattle, Washington, USA
imported post

Trigger21 wrote:
Thats a pretty good show. (DEA)


It is a great show! Instead of reading about how the federal government is wasting our moneyin the paper, we can watch it on TV. I can almost see my tax dollar falling out of there pockets as they jump out of the van and kick the door in.
 
Top