Comment Re:Using a Firearm According to the Supreme Court (Score 1) 215
He might have already been a convicted felon, and if he was then even possessing it could be a felony.
I wonder if the definition of use is a matter of carrying the firearm while engaging in an illegal activity (ie, drug trafficking and distribution) even if his intention in carrying the firearm was to prevent someone from mugging him and taking the cash he had on his person.
The Supreme Court actually reversed *all nine* of the Federal Circuit Courts of Appeal on the issue of whether simply carrying a firearm during the commission of a felony was enough to prosecute them for "using" the firearm. It was kind of a landmark case. That being said, Congress just amended the law to make carrying the firearm during the commission of a felony an additional offense.
The court documents including the indictment are here. The charge for the firearm says:
COUNT TWO
The Grand Jury for the District of Maryland further charges that:
On or about August 22, 2012, the defendant,
DAVID LAWRENCE HANDEL
did knowingly use and carry a firearm, that is a Glock 26, Serial Number SRP018, during and in relation to a drug trafficking crume for which he may be prosecuted in a court of the United States, that is, Conspiracy to Distribute and Possess with Intent to Distribute a controlled. Substance in violation of 21 U.S. C 846, as alleged in Count One of this Indictment.
Here's the law they're prosecuting under: http://www.gpo.gov/fdsys/pkg/U...
The law clearly states: is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense”.
"Life" is either terrible reporting by Tiffany Kelly or deliberate misrepresentation to get more hits on ars.
