by Dick Hall-Sizemore
James Sherlock yesterday brought up a case in which a man in Virginia Beach had pleaded guilty to possessing a machine gun; in his case, it was a modified Glock. The maximum sentence for the offense is 10 years.
There was a robust discussion, primarily on the Second Amendment in general and the laws of New York. I would like to focus the discussion a little more and a fresh post seemed the best way to do that.
Because the case was the subject of a DOJ news release, I assume that the case was in federal court. But that does not matter for the purposes of the questions I want to pose for discussion, particularly by those who are defenders of the Second Amendment.
- Do you think that a weapon such as the one described, a Glock modified to function as a machine gun, should be illegal?
- The press release said that the defendant pleaded guilty to possessing a machine gun. The maximum sentence under the law is 10 years. Assuming that this is the only offense for which he is being convicted in this case (the press release would have mentioned any others, it would seem) and assuming that he does not have a criminal record of convictions for breaking any other gun laws or violent offense, how much time, if any, do you think he should get?