Message from @Doc

Discord ID: 784179337033154560


2020-12-03 22:04:22 UTC  

I haven't read the law.... but I can't imagine it is legal for a minor to possess a weapon inside city limits. I just can't imagine that being the case.

2020-12-03 22:04:24 UTC  

@Maw Can you quote the hunting-part?

2020-12-03 22:04:44 UTC  

by weapon I mean firearm

2020-12-03 22:05:03 UTC  

This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 **or** is not in compliance with ss. 29.304 and 29.593. (Both of these are laws regarding hunting)

2020-12-03 22:05:42 UTC  

Well that does not seem to apply then

2020-12-03 22:05:52 UTC  

@Maw It says: "estrictions on hunting and use of firearms"

2020-12-03 22:05:55 UTC  

"and use"

2020-12-03 22:06:14 UTC  

"is not in compliance"

2020-12-03 22:06:15 UTC  

sort of makes you think the legislator thought it might apply broader than hunting?

2020-12-03 22:06:16 UTC  

This is the title of that section 29.304  Restrictions on hunting and use of firearms by persons under 16 years of age.

2020-12-03 22:06:24 UTC  

very clearly doesnt apply

2020-12-03 22:06:54 UTC  

He wasn't hunting and he wasnt under 16 (but it appears that hunting is the key part of that )

2020-12-03 22:06:54 UTC  

Yes, Kyle wasn't hunting.

2020-12-03 22:07:00 UTC  

what would that mean in legal-english. "Hunting and use" ? That would mean "hunting OR other" here.

2020-12-03 22:07:15 UTC  

Does it mean "Hunting and use" in the manner: "Used while hunting"?

2020-12-03 22:07:50 UTC  

Im still confused @Doc .... why do you believe its a problem that counsel of the victims or their families were present? All criminal proceedings are open to the public.

2020-12-03 22:08:04 UTC  

Owning a short-barrelled rifle is a felony already. I don't know why on earth this statute is being interpreted to suggest that this is just an extra criminal charge for someone that owns an SBR.

2020-12-03 22:08:38 UTC  

Yeah... I see what you are saying on the "other use issue" seems to imply something other than hunting. Oddly worded law

2020-12-03 22:08:43 UTC  

@JD~Jordan Scroll up, it was very well explained by @Neph (Nec) / Krystaps (War)

2020-12-03 22:09:06 UTC  

It is in conflict with the presumption of innocence.

2020-12-03 22:09:33 UTC  

I dont see it but whatever

2020-12-03 22:09:37 UTC  

And you commonly see in court cases here council for the presumed victim to act as co-prosecutor.

2020-12-03 22:09:39 UTC  

Now, not being in compliance with hunting laws (which requires you to be, you know, hunting) means that the under 18 rule applies.

2020-12-03 22:10:00 UTC  

What is in conflict with the presumption of innocence?

2020-12-03 22:10:13 UTC  

@Maw Ya, I saw that now. The entire law is a hunting law.

2020-12-03 22:10:18 UTC  

This is the argument, and it's a very persuasive argument, far more persuasive that (2)(a) means literally nothing in the statute.

2020-12-03 22:10:22 UTC  

@JD~Jordan Claiming a victim.

2020-12-03 22:11:07 UTC  

These things have to be public. Speedy and PUBLIC trial is what our Constitution says. So long as they did not participate there is no issue.

2020-12-03 22:11:32 UTC  

The STATE - the prosecutor is claiming there are victims

2020-12-03 22:11:57 UTC  

The other attorneys are just there to witness a public hearing

2020-12-03 22:12:05 UTC  

Not true.

2020-12-03 22:12:11 UTC  

I would be way way more concerned if they were not present

2020-12-03 22:12:28 UTC  

The task of victims council, at least here, is to look after the legal interests of the victim.

2020-12-03 22:12:37 UTC  

Of course

2020-12-03 22:12:43 UTC  

Not to merely witness.

2020-12-03 22:12:46 UTC  

But if they did not participate what is the problem?

2020-12-03 22:13:00 UTC  

Were they allowed to ask questions? (if so that is problematic)

2020-12-03 22:13:32 UTC  

The state claims a victim. That victim has council. This validates the victim`s status and effects jury and witnesses.

2020-12-03 22:14:03 UTC  

Just a simple question did they participate or not? I didnt watch after it froze on me