BEFORE YOU PICK UP THAT GUN...

BEFORE YOU PICK UP THAT GUN...

In a culture of pistol-packing, over-arming, shot 'em up bang-bang, I can't live without my pistol, the United States Supreme Court decided a case that addresses something called the Armed Career Criminal Act. In Descamps v United States, 2013 U.S. LEXIS 4698 (June 20, 2013), the Supreme Court held:

Petitioner Michael Descamps was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C.

§922(g). That unadorned offense carries a maximum penalty of 10 years in prison. The Government, however, sought

an enhanced sentence under ACCA, based on Descamps' prior state convictions for burglary, robbery, and felony harassment.

ACCA prescribes a mandatory minimum sentence of 15 years for a person who violates §922(g) and "has three previous convictions ... for a violent felony or a serious drug

offense." §924(e)(1). The Act defines a "violent felony" to mean any felony, whether state or federal, that "has as an element the use, attempted use, or threatened use

of physical force against the person of another," or that "is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents

a serious potential risk of physical injury to another." §924(e)(2)(B). ( ... _J Applying the requisite penalty enhancement, the court sentenced Descamps to 262 months in prison - more than twice the term he would otherwise have received.

Even though the Supreme Court reversed Descamps' sentence, it did so on a technicality that prevented the Government from looking behind his prior burglary conviction in search of record evidence to qualify it as meeting the criteria under the ACCA. Basically what this means is that if you are caught with a pistol (or any type of firearm, and you are a convicted felon whose

rap sheet contains 3 or more violent felonies, the feds can charge you with federal crimes and sentence you to the federal penitentiary system.

Just something to consider before you pick up that gun.

Dated this 9th day of December, 2013.
Salaam!

Muslim Mansa Lutalo lyapo
aka
Mr. Rufus West, #225213
P.O. Box 900 (CCI)
Portage, WI 53901