Question on gun control

[bluestarone]

Would it be possible for a state to pass a law that would say, Use of ANY type assault rifle in a crime would be mandatory life without parole? or actually DEATH penalty?

[elleng]

1. Yes, states have wide discretion to establish criminal laws within each state.

[bluestarone]

2. I think this would be awesome if passed.

[elleng]

3. and it/they can be reviewed, under Federal constitutional standards,

so beware of gleefulness.

[bluestarone]

5. Maybe throw in loss of voting rights as well

[ripcord]

4. We need draconian penalties for anyone who uses any firearm in a crime

[elleng]

6. I agree, and each state should implement them.

[MarineCombatEngineer]

7. +100. nt

[TheBeam19]

8. Agreed. And couldn't federal law enforcement

get involved if the gun used in a specific crime was ordered and shipped across state lines? I don’t know the answer to that but it seems like it could possibly be a way in for the feds.

[MarineCombatEngineer]

9. A firearm can only be shipped to a licensed firearm dealer, who then

has to do a background check on whoever ordered it from another state, there are no exceptions to the law and the BATFE takes a dim view on this.

[TheBeam19]

10. Thank you. I appreciate the info.

I guess having that “middleman” in the sale would be a problem with my idea. Oh well.

[MarineCombatEngineer]

12. Absolutely nothing wrong with throwing ideas out there,

you just never know what might work.

[former9thward]

11. No.

It would be a violation of the 8th amendment (cruel and unusual punishment). Draconian punishments are not allowed.

[bluestarone]

13. Bummer!

I hear you, but what about the cruel death of that bullet destroying a persons body?

[former9thward]

16. Well, I agree there.

I am in favor of the death penalty for major vicious cases. But that is an unpopular opinion among some.

[ChoppinBroccoli]

14. States Can Pass "Penalty Enhancements"

Many States already have "gun specs" for crimes in which a gun is used. Here in Ohio, if you use a gun in the commission of a crime, a sentence of at least 3 mandatory years (meaning you must serve every day of the 3 years--it can't be reduced or forgiven, and you're not eligible for any kind of early release) will be added on to the sentence for the crime itself.

So I think the answer is yes. I don't think you could have a sentencing law that says you get the death penalty just for using an assault weapon (unless the crime you commit is murder or something similar). It would be a miscarriage of justice to get the death penalty for, say, BRANDISHING an assault weapon, or improperly carrying it in a motor vehicle, or using it in a minor stick-up, for example.

What I think is more likely is that use of an assault weapon could ENHANCE the sentence even further. For example, instead of 3 years on the gun spec, you would get, say, 10 years for an assault weapon spec. Something like that I could see.

[bluestarone]

15. I really think something like this should be used!

It's away to get these thugs put away longer!