NYC, Jan 04- 2010, 6:55 Am. Discussing -yes I am being kind becasue discussing is a very lenient term for what the three FOX stooges were doing- the gun incident that occurred at the Washington Wizards’ locker room, FOX’s Brian Kilmead and two fools masquerading as attorneys managed to once again overlook the obvious and focus instead on convoluted idiotic “reasoning” so that in the end they could agree to blame the US Supreme court for allowing private citizens to own weapons in their own homes in Washington DC.
Lets recap the incident and remind ourselves of the actual Supreme Court ruling – and then we can again marvel at the stupidity and ignorance that FOX spews at us every morning.
Washington Wizards player Gilbert Arenas, allegedly threatened teammate Javaris Crittenton with a gun for allegedly failing to honor a gambling debt. Some reports allege that Crittenton also threatened Areanas with a gun but the facts are still hazy.
The question “debated” on FOX this morning was whether or not Arenas could face criminal charges. Moderated by Brian Kilmead, the debate featured former prosecutor Arthur Aidala as the advocate for bringing criminal charges and criminal defense attorney Jenifer Bonjean.
Isn’t it odd that while most of us rank and file conservatives know fully well the scope of the Supreme Court ruling, FOX brings on two attorneys, one a former prosecutor, who are either ignorant of the case? Or maybe they are are just disingenuous?
The former prosecutor, Arthur Aidala tried to make the case that Arenas should be prosecuted becasue he brought the guns into a public place – believe me his argument wasn’t that articulate or succinct- and the defense attorney babe argued that it was not a crime because of the “Supreme Court ruling that the mere possession of a gun in DC is not a crime. ” Really when this ruling occur?
The segment ended with her stating that “well that’s the problem with the Supreme Court ruling” and all laughed approvingly.
OK so lets inject reality here. The Supreme Court ruling states that U.S. the Constitution’s Second Amendment gives individuals the right to keep guns at home for self-defense. Speaking for the majority, the great justice Antonin Scalia wrote that “the absolute prohibition of handguns held and used for self-defense in the home” is unconstitutional! Here is the actual SCOTUS decision
1. The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.” Source
We all know that carrying a gun on one’s person and bringing it to a public place is very different than owning and keeping a gun in one’s home for the defense of one’s self and family. The Supreme Court absolutely did not address the issue of carrying a gun in public. A person carrying a gun in public is subject to all the CCW and other laws that apply in that particular municipality.
Here are just some of the penalties that can be imposed on someone convicted of illegal carrying of a firearm or the illegal use of one in Washington DC:
Carrying a Pistol Without a License (CPWL): It is illegal to carry a pistol without a license or any deadly or dangerous weapon that is capable of being concealed anywhere in D.C. If the possession is outside the person’s “dwelling place,” business place, or property, the crime is a felony and is subject to a maximum $5,000 fine and/or 5 year imprisonment. Otherwise, it is a misdemeanor subject to a $1000 fine and a maximum 1 year sentence. While this is the current statute, the misdemeanor charge of illegal possession within a person’s home was challenged in the U.S. Supreme Court case of District of Columbia v. Heller, 128 S. Ct. 2783 (2008) as violating the Second Amendment. D.C. Criminal Code 22-4504(a)
Possession of Firearm During Crime of Violence (PFCV): It is illegal to possess a firearm or imitation firearm during a crime of violence. The penalty is a mandatory minimum sentence of 5 years without probation or parole and a maximum of 15 years. D.C. Criminal Code 22-4504(b).
Assault with Dangerous Weapon (ADW): Assault is a crime. If the assault is combined with an intent to commit mayhem (malicious maiming of a person or violent destruction of property) or if the assault is committed with a dangerous weapon, the person can be sentenced to up to 10 years. D.C. Criminal Code 22-402.
Possession of Unregistered Firearm (UF): It is illegal to possess or sell a firearm in the Washington, DC without a valid registration certificate. The penalty for violating this section is a maximum fine of $1000 and/or a maximum of one year imprisonment. It is a valid defense that the person temporarily possessed the firearm to prevent imminent death or great bodily harm to someone. D.C. Criminal Code 7-2502.01
How can a former prosecutor not know this?
How can a criminal defense lawyer not know this?
How can FOX news bring in these two imbeciles and try to pass them as legal experts?
Rest assured that if the subject was not the Second Amendment but rather something to do with restrictions of ownership of a network and newspaper in the same market FOX would certainly bring in real attorneys to debate the issue. When it comes to the Second Amendment however FOX just prefers to give a platform to the anti gun nuts ! The Second Amendment is just not all that important to the elites at FOX, they let their body guards worry about it.
You can email FOX here Friends@foxnews.com and either give’em a pice of your mind or just copy and paste this link