Lil Wayne Pleads Guilty To Firearm Possession

[casingpoint]

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The question is raised, should McDonald v. City of Chicago result in a ruling for incorporation of the Second Amendment to the states, will the above conviction be vacated through retroactive application of the Second? Plaxico Burress really wants to know.

[bdickens]

Hoo dat?

[seamusTX]

The question is raised, should McDonald v. City of Chicago result in a ruling for incorporation of the Second Amendment to the states, will the above conviction be vacated through retroactive application of the Second?

It depends upon the exact terms of the ruling, but I'd say no.

The situation is the same as if you or I tried to carry a weapon in Washington, D.C. The court ruled that the city cannot completely ban residents from owning handguns, but they did not say that residents or non-residents had the right to carry.

Some day, some brave souls are going to have to get SCOTUS to rule in favor of interstate CHL on the basis of the privileges and immunities clause, or something.

- Jim

[A-R]

Stories like this make me wonder if the pro-gun side should start reacting to these arrests/prosecutions the way the "legalize marijuana" crowd reacts to every minor possession charge. I mean honestly, what is the problem with this guy having a loaded pistol on his tour bus for protection? Sure it is a "vehicle" but it is also his "home" for months on end.

Now, if this gun was used in a crime (as it seems happens often when rappers are caught with "illegal" guns in anti-RKBA states), then he deserves every indictment they can throw at him. And if he was in possession of this gun while committing another crime (drug possession?) then perhaps that two deserves some legal punishment.

But an otherwise innocent man being sentenced to a year in prison for simply possessing a firearm in this country is an outrage. The NRA and other pro-gun organizations should say so!

[joe817]

I mean honestly, what is the problem with this guy having a loaded pistol on his tour bus for protection? Sure it is a "vehicle" but it is also his "home" for months on end.

It may have something to do in connection with dope:
"Police pulled over Lil Wayne's tour bus in Columbus Circle on July 22, 2007. They said they had seen and smelled marijuana smoke wafting out the door before the bus left a concert venue minutes earlier. "

Plus trying to get rid of evidence:
"Police said that as an officer approached, the rapper tossed away a Louis Vuitton bag containing a gun."

All of this happened while he was awaiting trial in Arizona:
"Lil Wayne, 27, also is scheduled for trial in Arizona on felony drug possession and weapons charges. He has pleaded not guilty in that case, which arose from a January 2008 arrest at a U.S. Border Patrol checkpoint."

Not only do I have a problem with this person having a gun, but I also have a bigger problem with him being out on the street to begin with.

[seamusTX]

Stories like this make me wonder if the pro-gun side should start reacting to these arrests/prosecutions the way the "legalize marijuana" crowd reacts to every minor possession charge.

I would not want to associate guys like this right the RKBA. He doesn't sound like a paragon of virtue.

This is exactly why we have gun laws: To keep scary men from having guns.

Plenty of honest citizens run afoul of weapons laws by accident and are arrested and prosecuted. Those are the cases that should be highlighted.

- Jim

[Harley rider 55]

Thug get busted.

[A-R]

OK, guess I showed that I have no idea who "Lil Wayne" is or his past criminal record.

But I just hate to see "guilty of firearm possession" in the news. "guilty of firearm possession ... by a felon or while committing X, Y, Z crime ... " that I can understand. But a citizen, minding his own business, in possession of a firearm, should not be a crime anywhere in this country.

[android]

All of this happened while he was awaiting trial in Arizona:
"Lil Wayne, 27, also is scheduled for trial in Arizona on felony drug possession and weapons charges. He has pleaded not guilty in that case, which arose from a January 2008 arrest at a U.S. Border Patrol checkpoint."

Not only do I have a problem with this person having a gun, but I also have a bigger problem with him being out on the street to begin with.

Why?

He had a gun on his bus in Arizona. How in the world in AZ, which allows pretty much every kind of carry and possession could there be "weapons charges"?

Turns out BP won't give up any documents to the defense atty as required by law resulting in another delay in the trial.

Come on, if the BP has nothing to hide, why won't they give up the documents?

[joe817]

But a citizen, minding his own business, in possession of a firearm, should not be a crime anywhere in this country.

I totally agree austinrealtor. Totally.

Why? He had a gun on his bus in Arizona. How in the world in AZ, which allows pretty much every kind of carry and possession could there be "weapons charges"?

Not only did he have a gun on a bus, but he was transporting enough dope to land felony drug charges against him.

Am I missing something here?

[seamusTX]

In many states, possessing a firearm while committing a statutory crime such as possession of a bale of pot is itself an offense.

It also becomes a federal crime if this or that was transported across state lines.

- Jim

[joe817]

That's what I thought. Thanks Jim.

[casingpoint]

It depends upon the exact terms of the ruling

After incorporation, then I reckon it will be time to litigate if the Heller decision applies not only to homes, but also tour buses and New York night clubs. The final legal threshold will to determine if guns kept in the right hand are also legal in the left. Boy, that'll draw some amicus briefs.

[seamusTX]

The previous court, in oral arguments and their written decision, seemed to consider possession of a firearm in one's home categorically different from possessing a firearm on one's person in public places.

Whatever happens in the future is less predictable than the next hurricane season.

- Jim

[android]

But a citizen, minding his own business, in possession of a firearm, should not be a crime anywhere in this country.

I totally agree austinrealtor. Totally.

Why? He had a gun on his bus in Arizona. How in the world in AZ, which allows pretty much every kind of carry and possession could there be "weapons charges"?

Not only did he have a gun on a bus, but he was transporting enough dope to land felony drug charges against him.

Am I missing something here?

Yes, there were about 15 other people on the bus. Even if you made a rule, "no drugs on the bus", you're with a bunch of musicians and one of them is going to bring something. But where is there any evidence it was his or that he knew about it.

Seems a gun charge in conjunction with some other charge would have to be found guilty on the other charge first. Otherwise, the possession of a gun isn't illegal.

Suppose you got invited onto Willie Nelsons tour bus to meet Willie. While you're on the bus, DEA raids it. They find an oz of pot under the sink. You're carrying. Now you're charged with drug possession and carrying a gun while in possession of the pot. It *must* be your pot because you were the closest to the sink when they raided the bus.

Of course he's not going to get a fair judgment here, since he's black and he's a rapper.