Ravenwood - 08/02/05 06:00 AM
Remember the Fairfax teacher who was arrested and charged with two felonies for having a handgun in his car on school property? Thirty-one year old Timothy Fudd had a Virginia concealed handgun permit, so had it happened after July 1 (instead of in April) he wouldn't have been charged with anything.
While the charges should have been dropped, that wasn't going to happen so Fudd apparently plead the charge down to a misdemeanor.
Based on the plea agreement between Fudd and county prosecutors, Judge Mitchell Mutnick sentenced Fudd to a 12-month suspended sentence and one year of probation.Fudd may not be able to replace his handgun either. ATF Form 4473, which must be filled out and processed prior to purchasing a gun, asks: "Have you been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation."He must also forfeit his weapon and hand in his conceal and carry permit, according to Mutnick, who handed down the verdict.
Category: Cold Dead Hands
Comments (2) top link me
I fucking hate hate that law, but I don't think we'll ever see it overturned. Maryland has been using it to confiscate weapons from people who have registered their firearms, and I can see it spreading. Any conviction that could have garnered a more than 12-month sentence? What about misdemeanors where there are no sentencing guidelines?
THAT's a "loophole" we need to slam shut, but I've never heard the NRA/ILA make a peep about it. Have you?
(BTW, you're making me feel redundant. I've been away from blogging for over a week now, but you're doing yeoman's work at gunblogging. Damn fine job, Ravenwood.)
Posted by: Kevin Baker at August 2, 2005 7:03 PMCareful. People will start to claim a conspiracy and that we're the same people.
Posted by: Ravenwood at August 2, 2005 7:07 PM(c) Ravenwood and Associates, 1.99K - 2K7
