TexasCHLforum.com

http://reason.com/blog/2018/05/02/black ... h-in-priso

According to the article, she brandished her legally-owned firearm at a neighbor who intentionally rammed her car. The primary explanation given by the police and prosecutors is their policy of assuming that whoever calls the police first is the victim. In this case, that was the attacker, so the true victim will now spend two years in prison.

I thought the last paragraph in the story ws especially poignant.

The Sierra Club and Black Lives Matter have expressed serious concerns about how this case was handled. Given that it involves a legal gun owner protecting her family and her property, it would be nice to see the National Rifle Association speak up as well.

I hope her appeal throws this out!

Something is strange here. One of the charges she was convicted of was "felony firearm possession". Was she in legal possession of the gun? Also, she apparently left her 2 year old girl in the car, alone, with the gun in the glove box. Unless that was a locking glove box, that is a huge problem.

If she was illegally in possession of the gun, then that changes things. And obviously the NRA should NOT get involved if that is the case. Not that I ever remember the NRA getting involved in any other SD cases, but maybe they have.

I've heard repeatedly here in Texas that if you draw your firearm you should be the first one to make a police report.

The policy of first report is the victim is bad policy and should be banned from all police departments nationwide. Law enforcement and prosecutors need to investigate conflicting reports to determine which is the truth.

As far as this story, there's probably more to it than what is being said by activists seeking the woman's release. If not, then an appeals court should overturn both convictions and free her.

"The policy of first report is the victim is bad policy and should be banned from all police departments nationwide."

Sadly, this 'I called first' garbage needs another looking at...

So, if I unjustly kill someone, but then immediately call the cops I'm off scott free.?

Dumb....

Soccerdad1995 wrote:Something is strange here. One of the charges she was convicted of was "felony firearm possession". Was she in legal possession of the gun? Also, she apparently left her 2 year old girl in the car, alone, with the gun in the glove box. Unless that was a locking glove box, that is a huge problem.

If she was illegally in possession of the gun, then that changes things. And obviously the NRA should NOT get involved if that is the case. Not that I ever remember the NRA getting involved in any other SD cases, but maybe they have.

I do not know Michigan law, but it is possible that the "felony firearm possession" was because she was convicted of a felony while using a firearm.

The offense of Felony Firearm means that a person is accused of carrying or possessing a firearm when committing or attempting to commit a felony.
It is a separate and additional felony charge and conviction. ... Another common accompanying felony is the Felon being in Possession of a Firearm offense.

http://michigancriminalattorney.com/felony-firearms/

Reading the story, it appears that the jury was pressured to reach a verdict before a blizzard hit.

WildBill wrote: Reading the story, it appears that the jury was pressured to reach a verdict before a blizzard hit.

So one could postulate that in Detroit, "there's snow justice"?

What a great policy.
3:05AM
911: "911- What is your emergency?"
"Uh! I'm trying to rob a house and they're shooting at me!"
911: "Is That 555 XYZ Street?"
"Uh! Yeah, I think so!"
911: "Oh! You poor dear. We're sending help right away!"
3:07AM
911: "911 - What is your emergency?"
"There's a guy who licked down our door and he's trying to rob us! Help!"
911: "Is that 555 XYZ Street?"
"Yes, yes it is, hurry send help"
911: "Police are on the way to take you into custody, be sure you surrender peacefully to them when they arrive." Have a nice day....in court!"

Soccerdad1995 wrote:Something is strange here. One of the charges she was convicted of was "felony firearm possession". Was she in legal possession of the gun? Also, she apparently left her 2 year old girl in the car, alone, with the gun in the glove box. Unless that was a locking glove box, that is a huge problem.

I believe it's a felony to have a handgun in your vehicle in Michigan unless you have a license to carry.

JustSomeOldGuy wrote:

WildBill wrote: Reading the story, it appears that the jury was pressured to reach a verdict before a blizzard hit.

So one could postulate that in Detroit, "there's snow justice"?

I appreciate your sense of humor.
This situation reminds me of 12 Angry Men when Juror #7 wants to reach a verdict quickly because he has tickets to a baseball game.

apostate wrote:

Soccerdad1995 wrote:Something is strange here. One of the charges she was convicted of was "felony firearm possession". Was she in legal possession of the gun? Also, she apparently left her 2 year old girl in the car, alone, with the gun in the glove box. Unless that was a locking glove box, that is a huge problem.

I believe it's a felony to have a handgun in your vehicle in Michigan unless you have a license to carry.

Michigan law also provides that a person may carry, transport or possess a firearm without a hunting license
if the firearm is unloaded in both the barrel and magazine, and either enclosed in a case or carried in a vehicle
in a location that is not readily accessible to any occupant of the vehicle.Nov 27, 2017

The article stated that the handgun was in the glove box and was not loaded.
http://lawcenter.giffords.org/guns-in-v ... -michigan/

I believe they're talking about 750.227c which is a misdemeanor offense for having a loaded firearm, other than a pistol, in a vehicle.

The felony offense is for a pistol in a vehicle, if you don't have a license to carry, and that law doesn't care if the handgun is loaded or unloaded.

apostate wrote:I believe they're talking about 750.227c which is a misdemeanor offense for having a loaded firearm, other than a pistol, in a vehicle.

The felony offense is for a pistol in a vehicle, if you don't have a license to carry, and that law doesn't care if the handgun is loaded or unloaded.

This newer post says that she did have a concealed carry permit.
IMO, the posts on this case are very political and don't concentrate on the legal issues so it's difficult to find out what laws she was charged and convicted.
https://www.vox.com/2018/5/4/17311452/g ... -salama-ra

WildBill wrote:IMO, the posts on this case are very political and don't concentrate on the legal issues so it's difficult to find out what laws she was charged and convicted.

I think that's by design. If she was on the right side of the law, that would be the end of the story.

Instead she's not guilty because she's black. She's not guilty because she's a woman. She's not guilty because she's pregnant. She's not guilty because she's a SJW. She's not guilty because the weather outside is frightful.

Anyway, even if she's guilty, she shouldn't be in prison. It's cruel to lock up a pregnant convict. It's cruel that the prison doesn't provide Halal certified meals. And so on and so on.