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Re: Rep. Sheila Jackson Lee files H.R. 65
Posted: Fri Jan 25, 2013 9:34 pm
by C-dub
warhorse10_9 wrote:
For the record, I oppose this bill, that being said. Here is the actual text of the relevant section:
`(2) Except as provided in paragraph (3), any person who--
- (A) keeps a loaded firearm, or an unloaded firearm and ammunition for the firearm, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person;
(B) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and
(C)- (i) knows, or recklessly disregards the risk, that a child will use the firearm to cause death or serious bodily injury (as defined in section 1365 of this title) to the child or any other person; or
(ii) knows, or recklessly disregards the risk, that possession of the firearm by the child is unlawful under Federal or State law,
if the child uses the firearm to cause death or serious bodily injury to the child or any other person, shall be imprisoned not more than 3 years, fined under this title, or both.
(3) Paragraph
(2) shall not apply if--
- (A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device;
(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity;
(C) the child uses the firearm in a lawful act of self-defense or defense of 1 or more other persons; or
(D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.
The law only requires that there is no reasonable expectation that a child will gain access to the firearm.
And the part I emboldened in red. I have no knowledge that my child or any other child that comes in our house will use a gun to cause death or serious bodily injury to someone.
Re: Rep. Sheila Jackson Lee files H.R. 65
Posted: Fri Jan 25, 2013 10:13 pm
by warhorse10_9
C-dub wrote:warhorse10_9 wrote:
For the record, I oppose this bill, that being said. Here is the actual text of the relevant section:
`(2) Except as provided in paragraph (3), any person who--
- (A) keeps a loaded firearm, or an unloaded firearm and ammunition for the firearm, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person;
(B) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and
(C)- (i) knows, or recklessly disregards the risk, that a child will use the firearm to cause death or serious bodily injury (as defined in section 1365 of this title) to the child or any other person; or
(ii) knows, or recklessly disregards the risk, that possession of the firearm by the child is unlawful under Federal or State law,
if the child uses the firearm to cause death or serious bodily injury to the child or any other person, shall be imprisoned not more than 3 years, fined under this title, or both.
(3) Paragraph
(2) shall not apply if--
- (A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device;
(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity;
(C) the child uses the firearm in a lawful act of self-defense or defense of 1 or more other persons; or
(D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.
The law only requires that there is no reasonable expectation that a child will gain access to the firearm.
And the part I emboldened in red. I have no knowledge that my child or any other child that comes in our house will use a gun to cause death or serious bodily injury to someone.
Oh, I hear you. I would say that no one would know that and not want to do something to help their child. I think the bill is bull. I believe they would say that a person "recklessly disregarding the risk of a child doing those things."
I think this part of the bill is meant to hold parents responsible should their kids shoot someone which I agree with, but it is written so badly that it allows for abuse of the statutes by prosecutors.
Re: Rep. Sheila Jackson Lee files H.R. 65
Posted: Sat Jan 26, 2013 3:31 am
by Skiprr
CainA wrote:Is it just me or do others just cringe when they see her name?
No. It isn't just you.
Re: Rep. Sheila Jackson Lee files H.R. 65
Posted: Sat Jan 26, 2013 7:39 am
by C-dub
Skiprr wrote:CainA wrote:Is it just me or do others just cringe when they see her name?
No. It isn't just you.
Kind of like the Hyena's in "The Lion King." When Cheech Marin would say, "Mufasa," Whoopie would cringe.
Re: Rep. Sheila Jackson Lee files H.R. 65
Posted: Sat Jan 26, 2013 7:41 am
by chasfm11
Skiprr wrote:CainA wrote:Is it just me or do others just cringe when they see her name?
No. It isn't just you.
In addition, she is a constant, sad reminder of large pockets of misguided American voters.
Re: Rep. Sheila Jackson Lee files H.R. 65
Posted: Sat Jan 26, 2013 12:59 pm
by Redneck_Buddha
chasfm11 wrote:Skiprr wrote:CainA wrote:Is it just me or do others just cringe when they see her name?
No. It isn't just you.
In addition, she is a constant, sad reminder of large pockets of misguided American voters.
Also known as "low information" bloc voters.