Thoughts on SBR and mandatory sentencing guidelines

[pdxRealtor]

I was reading about the pros and cons of SBR. ING my pistols and one thing that really caught my attention was the mandatory sentencing involved when class 3 is involved. Manslaughter was said to be 10 years.

Does this concern anyone? I'd like to hear thoughts from others.

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[v0lcom13sn0w]

if you legally defended yourself or your family by eliminating a threat why would you be concerned about a manslaughter charge? have you no faith in our justice system?


edit: or judicial system

 

[308]

if you legally defended yourself or your family by eliminating a threat why would you be concerned about a manslaughter charge? have you no faith in our justice system?

I think you meant to type judicial system. Whether or not we have a 'justice' system is another story.

 

[Kruel J]

I wouldn't use a class 3 firearm for self defense. I wouldn't want it to get melted down or turned into paperclips during the legal process. MY opinion, use an "off the shelf" and affordable SD gun that you wouldn't mind too much if it goes away after a bad day.

 

[v0lcom13sn0w]

I think you meant to type judicial system. Whether or not we have a 'justice' system is another story.

hence the italics

 

[U8395279]

I was reading about the pros and cons of SBR. ING my pistols and one thing that really caught my attention was the mandatory sentencing involved when class 3 is involved. Manslaughter was said to be 10 years.

Does this concern anyone? I'd like to hear thoughts from others.

Is this Federal or State law that you are referring to? Can you provide a citation?

I'm not at all familiar with this aspect of the law myself.

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[Stomper]

Wait a minute... I believe the OP is referring to mandatory sentencing for NFA violations compared to sentencing for something serious, like manslaughter.

 

[U8395279]

Wait a minute... I believe the OP is referring to mandatory sentencing for NFA violations compared to sentencing for something serious, like manslaughter.

Well, if we are going to have a discussion about the law, it would be nice to know what law it is that is being discussed.

That would seem to me to be the first point that should be clarified.

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[wired]

If you are talking about the 10 year $10,000 sentence/fine for an illegal SBR those arent mandatory sentences. Ive known people whov'e gone to jail on machine gun charges and did a year and Ive known one guy who had a house full of the damned things and did 7. The 10 years threat is the maximum sentence.

 

[pdxRealtor]

Sorry for dropping the ball on this thread.

I read, and have since tried to find it again without success, about mandatory sentencing should for example you accidentally/unjustafiably shoot an intruder in your home with a SBR. Instead of manslaughter with reduced sentence you'd be stuck under mandatory guidelines that supersede the lesser charges.

It was listed in a thread over on m4c as one reason to not SBR a pistol that may be used for defense.

 

[wired]

There is 18 USC 924


(A)Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—
(i) be sentenced to a term of imprisonment of not less than 5 years;
(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and
(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.

 

[pdxRealtor]

The one I am talking about is specifically RE: class 3 / NFA items. I'll have to dig... some more.

 

[wired]

Sorry. Missed the other part of 18 USC 924...

(B)If the firearm possessed by a person convicted of a violation of this subsection—
(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or
(ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.

 

[CamoDeafie]

There is 18 USC 924


(A)Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—
(i) be sentenced to a term of imprisonment of not less than 5 years;
(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and
(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.

Sorry. Missed the other part of 18 USC 924...

(B)If the firearm possessed by a person convicted of a violation of this subsection—
(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or
(ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.

It seems that the above refers specifically to committing a crime using a firearm....

But there is the chance that depending on the State one resides, or depending on how ornery the Judge or DA is... one might be tried for a crime using the above, even for SD, if they find that it was not in SD, but in committing a serious crime ....

Quite similar to the stories of homeowners being convicted of murder/manslaughter/grievous bodily harm if they killed/maimed a robber/burglar/rapist/attempting murderer with a firearm.

 

[wired]

The question is whether in the course of committing manslaughter ( a crime ) you would be subject to federal mandatory sentencing guidelines. Given the first part of the 18 USC 924 where even simple firearms are subject to mandatory federal sentencing guidelines and I think we all know NO ONE gets tried in federal court for simple manslaughter or sentenced to federal prison for simple manslaughter using the 10 yr guidelines. I cant help but think the same would apply to manslaughter committed with an NFA firearm. Not really the sort of thing the feds get involved with unless youve been a really bad boy they want to go away forever.

 

[Quartermaster]

(B)If the firearm possessed by a person convicted of a violation of this subsection—
(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon

...semiautomatic... assault weapon...

Who wrote this law?

 

[wired]

Assault weapon is a legal term

 

[U8395279]

Sorry. Missed the other part of 18 USC 924...

(B)If the firearm possessed by a person convicted of a violation of this subsection—
(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or
(ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.

Wow, use a silencer, and you would really be screwed: 30 years minimum!



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[djaziatic]

Those are all punishment for using those weapons/cans in a crime. I for one am not opposed to using an SBR Suppressed for home defense, or a pistol suppressed. I'd rather have my hearing in a justified shooting after the event.

 

[pdxRealtor]

That was the point of asking what others thought. It could be a crime in an unjustified shooting.

You ever hear of the guy who woke up half a sleep and shot when he shouldn't have?