KATE STEINLE'S KILLER GIVEN A PASS ON GUN CHARGES WHILE THE PROGRESSIVES SEEK TO DISARM US ALL
Once again the progressive socialist democrats abandon common sense and seek to punish the vast majority of law-abiding citizens for the acts of a few criminals, crazies, and terrorists. In effect, creating a large victim pool that might be so terrified that they will welcome a larger, more totalitarian government and nullify the constitutional safeguards to our freedom.
These are the basic gun control facts: one, criminals, crazies, and terrorists do not respect nor obey laws; two, strict gun control laws do not work; three, creating a larger victim pool encourages armed thuggery and oppressions; and four, people denied one type of weapon will find another means to carry out their heinous acts.
Proof that the progressive socialist democrats, especially those in San Francisco have more compassion for illegal aliens than they do for the victims of crimes committed by illegal aliens…
Travesty … the San Francisco First District Court of Appeal overturns the gun conviction of Jose Inez Garcia Zarate, on a technicality. The illegal alien who was previously deported FIVE times, had seven felony convictions, and was on probation in Texas at the time of the shooting, claims he found a gun and it went off while he was handling it. Steinle, walking on the boardwalk died in her father’s arms, pleading for his help.
This appeal arises from circumstances resulting in the tragic death of a young woman. While walking on a crowded San Francisco pier early on a summer evening with her father and a family friend, Kate Steinle was struck in the back by a bullet and died.
Jose Ines Garcia Zarate, who was holding the gun when it fired the shot that killed Ms. Steinle, was convicted of being a felon in possession of a firearm after a jury acquitted him of murder, involuntary manslaughter, and assault with a firearm.
Defendant’s sole contention on appeal is that the trial court erred in refusing to instruct the jury on the affirmative defense of momentary possession.
In determining whether a court erroneously failed to instruct on an affirmative defense, we consider whether any substantial evidence supported the defense and whether it was inconsistent with the defendant’s theory of the case. We are not permitted to reweigh the evidence or determine the credibility of the witnesses, and any doubts as to the sufficiency of the evidence to warrant instructions must be resolved in favor of the accused.
At trial, defendant’s theory was that he was sitting in a swivel chair on the pier, bent over to pick up an object wrapped in rags, a gun fired accidentally, and he immediately threw the gun in the water to stop it from firing. Critical to defendant’s theory of the case was proof that he did not know the object he picked up was a gun. After a careful review of the record, we find substantial evidence presented at trial permits at least two reasonable inferences: one, that defendant knew he held a gun and did not possess it solely with an intent to dispose of it, and two, that he was unaware he held a gun until it fired, at which time he threw it away to stop it from firing. Viewing the evidence in the light most favorable to the defense, as we must, we conclude the trial court erred in failing to give the momentary possession instruction. Because the error was prejudicial, we are compelled as a matter of law to reverse.
At the beginning of the interview, defendant told officers his name was Juan Francisco Lopez Sanchez and repeated several times that he was born in 1863. He had been sleeping on the street during the previous week. The officers repeatedly told defendant they had witnesses who saw him throw a gun in the water and asked him if he threw a gun in the water. Defendant said no, that he was walking somewhere else and eating cookies far away from the pier, near the baseball stadium. Defendant initially denied having been on the pier at all. He denied knowing a girl had been killed, and denied seeing or hearing anything. Gerald Smith, the supervising criminalist for the firearm and toolmark unit within the police department’s criminalistics laboratory, testified the gun had a number of safety features to prevent the gun from discharging accidentally and did not have a “hair trigger.” Defendant contends the trial court erred in failing to instruct on momentary possession. Specifically, he asserts the trial court had a sua sponte duty to instruct on his theory of the case, and alternatively, the court erred in failing to give the momentary possession instruction when requested by defendant because substantial evidence supported the defense and it was not inconsistent with defendant’s theory of the case. <Source> |
Now the progressives want to disarm everybody…
March for Our Lives announced a new gun control plan on Wednesday that would potentially confiscate more than 100 million guns and implement other restrictions on the ownership of firearms.
The plan, titled A Peace Plan for a Safer America, calls on the federal government to institute buybacks to reduce the number of civilian-owned guns in the United States. As the plan notes, last year the Small Arms Survey estimated there were more than 393 million civilian-owned guns in the country. March for Our Lives supporters said the proposed buybacks are part of an intentionally provocative plan designed to upend American gun culture. Many of the ideas in the plan are decades-old favorites of gun control organizations. While the confiscation of more than 100 million firearms from Americans may be the most audacious goal, it is not the only idea in the plan. The group also called for a ban on ownership of firearms without a special license from the federal government and payment of licensing fees. The system briefly sketched out in the group's plan would require Americans, of whom about 120 million already report having a gun in their home, to have an in-person interview with law enforcement and provide references before the official would grant a license to purchase a firearm. The license would need to be renewed every year if granted.The gun control group also called for a national registry of firearms sales, a ban on anyone under 21 possessing any firearms, expanding the categories of people prohibited from possessing firearms, limiting how many firearms Americans can buy each month, and legislating requirements on how Americans store their guns. The plan demands greater federal funding for various gun violence, domestic violence, and suicide prevention programs. It also calls on the president to declare a national emergency on gun violence and appoint a "National Director of Gun Violence Prevention."
The March for Our Lives plan also calls for the firearms industry to be held legally responsible for criminal acts committed by third parties using their products.
It asks the Supreme Court to "reexamine" its landmark gun rights ruling in District of Columbia v. Heller that the city could not outright ban the ownership of handguns because the Second Amendment guarantees an individual right to keep and bear arms. March for Our Lives said the next administration should institute a gun control litmus test for judicial nominees. "The next generation of federal judges appointed by the President need to be champions of gun violence prevention and a different interpretation of the Second Amendment," the plan said. <Source> |
Bottom line...
America needs to stay strong, to hold individuals, not the collective, responsible for their actions. Enough of this progressive socialist democrat claptrap.
We are so screwed.
-- steve
“Nullius in verba”-- take nobody's word for it!
"Acta non verba" -- actions not words
“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw
“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”
“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius “A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell “Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar “Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS