Slashdot Mirror

It's illegal to transfer possession of a homemade gun to anyone.

No, it's not.

The risk you run in giving./selling a homemade firearm to someone else is that you could be seen as 'in the business of manufacturing' without an FFL, then are running afoul of federal law.

If you start off intending to make a bunch to sell/give away, you are going to have problems, if you sell a cheap zip gun to a private buy back, or give it to your friend (and you both can legally own firearms), you're ok.

Granted... IANAL, there are those who have written on the same subject: https://www.criminaldefenselaw...

Here we go, hand grenades :)

https://www.criminaldefenselaw...

You can call yourself a 'doctor' upon completing your PhD.

You and I both know I am referring to a medical doctor.

You can call yourself a 'attorney' upon completing your law degree.

No you may not. Every single state says otherwise. Did you even research this because what you are saying is factually untrue?

I totally agree that a civil engineer has to be licensed in order to sign off on projects, but I think it's blatantly stupid if after successfully completing a study in electrical engineering at a university you still can't call yourself an engineer.

I did not say that. I said you need to be professional license to sign off on construction documents. Mechanical, chemical and petroleum engineers must do so when authorizing such documents. It is not just civil.

That's my logic. If a state doesn't trust the certificates of their universities, they better regulate those, instead of their graduates.

Again you have it backwards. A college confers a degree. The state grants a license. The state controls the designation. Are you aware that some colleges are not within the jurisdiction of states?

OK, have a look at a lawyer's definition then.

While the issue varies from state to state and is very fact specific, holding yourself out as a doctor and providing medical advice to an individual may very well be considered engaging in the practice of medicine, which appears to be illegal in every state unless you're practicing within the scope of an appropriate professional license.

http://www.criminaldefenselawy...

In Oregon, the relevant statutes are ORS 677.080(4), ORS 677.085(1) and (4), and ORS 677.990.

In such a case then the convicted should be placed in a psychiatric prison. Such sentences tend to be longer than if they had not pleaded insanity as psychiatrists are somewhat hesitant to release someone who may go on to commit other violent crimes.

Think of it as being like "attempted murder." Being a bad shot and missing doesn't absolve you of wrong doing.

They also break them down into 1st and 2nd degree (maybe 3rd degree too- not sure).

Here's some examples from florida.

http://www.criminaldefenselawy...

Misdemeanors of the First Degree

First degree misdemeanors are the most serious misdemeanors in Florida, punishable by jail terms of up to one year and fines of up to $1,000. (Fla. Stat. ÂÂ 775.082, 775.083.) Theft of property valued at $100 or more, but less than $300, is an example of a misdemeanor of the first degree.

For more information on theft penalties, see Florida Petty Theft and Other Theft Laws.
Misdemeanors of the Second Degree

Misdemeanors of the second degree are the least serious misdemeanors in Florida, and a conviction can result in a jail term of up to 60 days and a fine of up to $500. If lawmakers fail to classify a misdemeanor, then it is punishable as a misdemeanor of the second degree. (Fla. Stat. ÂÂ 775.081, 775.082, 775.083.) For example, prostitution is a misdemeanor of the second degree.

For more information on this and related crimes, see Prostitution, Pimping, and Pandering Laws in Florida.

---
I think the property values are grossly low and need to be adjusted for inflation.

But the main thing is- we need a way to FORGET people are convicted after a certain number of years. As it is, we basically put them on the criminal train the rest of their lives. It's because pre-internet, society did effectively forget about your criminal record- especially if you moved to a new state. Now, it remembers forever and everywhere.

Well it's certainly not the pastel rainbow colour of your faerie tale sky.

If you're so sure of it then go find a non-violent bike thief and pepper spray him then. I guarantee that you will be the one being taken away by the cops and slapped with a felony conviction.

Here is what it says verbatim on my Sabre Red Pepper Gel canister:

Warning: The use of this substance of device for any purpose other than self-defense is a crime under the law.

And something from Nolo:

You may purchase, possess, and use pepper spray as long as you do so only for self-defense purposes. Interestingly, in California, “use” includes not just discharging the weapon, but displaying it in a threatening manner. Using it in non-self defense situations will subject you to a misdemeanor or felony charge, with a possible sentence of 16 months, two, or three years, a fine of up to $1,000, or both. It is no defense to a charge of improper use that the canister was empty or otherwise inoperable.

This may clarify.

You've clearly never been pulled over for http://www.criminaldefenselawy...

Changing identities? I really don't think that's necessary. There are always going to be some dumb people who do dumb things. But honestly this is such a small blip on the radar of even crazy people. They will call and make death threats, and in a couple days they will move on to the new thing. There is no reason to enter the witness protection program and say good bye to your extended family because a few idiots sent you some death threats.

That's not to say that I think no death threats are credible. There is a difference between being targeted by religious extremists or a state intelligence agency or a criminal syndicate, and some random idiots who are only targeting you because they are belligerent and stupid.

Witness protection programs cover a lot more and you don't pay for them; they're for when you're very sure that your death threats include somebody with the resources to follow you through changing your name, address, and phone number. The latter--which is what I was talking about--is all that's necessary when it's most likely people harassing you for the lulz.

The reason that is necessary? It only takes one person with the ability to get shit somewhere to kill a person. Yes, most of the threats probably will be 'random idiots,' but the main way to tell 'random idiot' from 'murderous crazy' is somebody gets seriously hurt. This is precisely why the behavior you're talking about is against the law--the 'intent to cause fear and terror' requirement is almost certain to be met here.

Transfer of firearms made by individuals is not legal.

Since when?
http://www.criminaldefenselawyer.com/resources/can-i-sell-or-give-my-homemade-gun-another-person.htm

Domestic disputes, one of the most dangerous duties for police, will get slower responses. People, especially bettered women and children as the most frequent victims, will die. Those are often cases where tempers are already flaring, and blaming, harassing, or trying to sue the officer who escorts a victim to shelter or helps the victim file charges is commonplace. Those are the kinds of cases where _limited_ immunity for the officers on the scene makes good sense.

There is a useful description of such immunity at http://www.criminaldefenselawy....

"except under oath"? Don't tell that to Mark Furhman, who perjured himself in the O.J. Simpson trial, and was fined $200

I would not tell him that, alright. What's your point? That punishment for perjury could range from nothing to a small fine to impeachement? Nothing new here — my point was, such lying is illegal — not what the punishment for it is (or should be).

Louisiana: http://www.criminaldefenselawy...
Unfortunately in New York http://www.criminaldefenselawy... the intent must be criminal.

From your link:
"A person commits the crime of criminal impersonation by: impersonating another or pretending to represent some person or organization with the intent to benefit the defendant.."

Arguably this was done to benefit those doing the impersonation.

Also, it's quite possible that while using her identity the agent performed illegal acts, which would seem to indicate criminal intent, if indirectly.

Louisiana: http://www.criminaldefenselawy...
Unfortunately in New York http://www.criminaldefenselawy... the intent must be criminal.

From your link:
"A person commits the crime of criminal impersonation by: impersonating another or pretending to represent some person or organization with the intent to benefit the defendant.."

Arguably this was done to benefit those doing the impersonation.

Also, it's quite possible that while using her identity the agent performed illegal acts, which would seem to indicate criminal intent, if indirectly.

Louisiana: http://www.criminaldefenselawy... Unfortunately in New York http://www.criminaldefenselawy... the intent must be criminal.

Louisiana: http://www.criminaldefenselawy... Unfortunately in New York http://www.criminaldefenselawy... the intent must be criminal.

It doesn't matter how annoying being couped up with people yaking on a cell phone might be, that doesn't justify the FAA keeping it illegal. The FAA's jurisdiction is only over the safety of airplane flight, and if they are confident the cell phones won't disrupt the airplane's systems, there is no reason for continuing to make it illegal.

That, of course, doesn't mean the airplanes can't have their own policies in place banning disruptive behavior, and the FAA can impose civil penalties for "interfering with a flight attendant", which includes disobeying repeated requests from said flight attendants. These civil penalties can be up to $25000 per infraction.

In contrast, teenagers that break windows with a total worth of $550 get felony jail time.

Well, there's a couple of technical problems with that. While I'm certainly not a lawyer, I have informally discussed the issue with a friend of mine that is a lawyer. He raised a few of the following points, which I've supplemented.

First, it's not clear that this is actually theft. The crime of theft typically denies the owner of the property access to the property, which isn't the case with electronic documents. Rather, it's more likely to be a violation of the No Electronic Theft (NET) act. NET criminalizes copyright infringement. This may not be a bad approach given what kind of punishments one sees for copyright infringement Massachusetts. More often, the punishment for copyright infringement is fines and I think the prosecutor was looking for jail time.

As far as breaking and entering goes, that seems doubtful. The networking closet he accessed was unlocked. In fact, a homeless man used the area to store belongings. Again, I'm not a lawyer, but it seems to me that breaking and entering would be difficult to argue. Trespassing might be a more successful charge. Trespassing, though, is a relatively minor offense that's unlikely to produce a lengthy jail sentence.

That's appears to be longer than most Criminal Statute of Limitations in Florida, except for the most serious crimes.

Yeah, since manslaughter doesn't get you more than two years these days. And a hit and run might not even be something a DA wants to pursue vigorously.

The charges in this case went beyond denial of service and were prosecuted under federal law.

The case was prosecuted by Assistant U.S. Attorney Robert W. Kern, Cybercrime Coordinator for the Cleveland U.S. Attorney's Office, following an investigation by the Akron Office of the United States Secret Service, the Federal Bureau of Investigation and the University of Akron Police Department. Former Student Gets 30 Months in Prison for DDoSing Conservative Figures and Using Botnets, 30-Month Sentence For Bot Nets Used To Obtain Information From Other Computer Systems

In the American federal system, crimes of violence are almost always prosecuted under state law. If you have any complaints about sentencing, take them to your state assemblyman or senator.

The consequences for conviction on a charge of vehicular homicide vary wildly from state to state.

In Iowa, there is no probation and the mandatory sentence is twenty five years. In Tennessee the average jail time is 29 days. Vehicular Manslaughter

Failing to pursue the felony charge can make very big headlines in unexpected places: Morgan Stanley financial adviser escapes felony charges for hit-and-run 'because it could jeopardies his job', Alleged hit-and-run driver may not face felony

Except they don't come up, until now. In November Californians will vote on a referendum to legalize marijuana. According to the Wastington Post, who suggests Washington DC watch CA, the referendum is close to winning with about half in support and half opposed to it.

I don't think any one of 51 states or district have made anything legal to make/grow and sell.

Again you're wrong. In Alaska small amounts are legal. "The sale and distribution of marijuana, however, is still illegal".

On J Edgar Hoover:

Politicians, both Democrats and Republicans, didn't like him. The only reason he kept his position as director of the FBI is because of his extensive collection of private files.

If that's the case, then we get what we deserve.

Well J Edgar Hoover is long dead, good riddance. But as I said before most people didn't know what he was doing. Information found it hard to get around, and that's how politicians want it. After-all they even included a muzzle clause, where librarians and others who had information requests issued by law enforcement couldn't say anything about it, in the Patriot Act. How many people even have an idea what's happening? Obama ran saying his admin would be open, well his admin has refused to release the Anti-Counterfeiting Trade Agreement, ACTA, a favorite topic here. Just as with a number of other things it's "classified in the interest of national security pursuant to Executive Order 12958." What does copyrights have to do with national security? While businesses can see it the people can't.

Which brings up relevant questions. One is, why aren't the people demanding it be released? Another though, is how many people even know or have heard about the ACTA? I just searched CNN, "acta" returned 40 results but none I looked at said anything about it and "Anti-Counterfeiting Trade Agreement" returned 3 results, but none of them say anything about it either. Two were about counterfeit money, one about counterfeit drugs, and so on.

Falcon