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Old 10-09-2013, 03:48 PM   #1
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Default Aldon Smith - three felony weapon charges

Steelers, Falcons, and Giants are having awful seasons as teams, but leader in the clubhouse for worst 2013 by an individual NFL player (off the field category) is Aldon Smith

Aldon Smith to face three felony assault weapon charges

49ers linebacker Aldon Smith threw a house party in June 2012, and in the aftermath of that, two separate people have sued Smith claiming they were shot at the same party where Smith was stabbed.

On Wednesday, the Santa Clara County District Attorney's office confirmed that it had filed three felony charges of possession of an assault weapon against Smith. The news first was reported by NBC Bay Area.

The DA's office said that Smith is expected to surrender later this month. If convicted, Smith could face up to four years and four months in jail.


When it comes to anything involving Smith the 49ers remain in turtle mode

“We recognize the serious nature of this situation as does Aldon and will continue to monitor it closely,” the 49ers said in a statement, via the Baltimore Sun."


http://www.cbssports.com/nfl/eye-on-...weapon-charges

Let's see if assault weapons charges are regarded by Goodell to be as serious as being investigated for but not charged with sexual assault
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Old 10-09-2013, 04:50 PM   #2
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Default Re: Aldon Smith - three felony weapon charges

He is fucked - their citizens should realize by now that California is not a free country

Ammunition, magazines, and five rifles including -- an Armalite AR10-T .308 caliber rifle, a Bushmaster ACR rifle chambered for 5.56mm NATO and a Bushmaster Carbon-15 .223 caliber -- were found in Smith's home by Santa Clara County Sheriff's deputies following the June 29 party. Prosecutors said none of the weapons were registered with the California Department of Justice.
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Old 10-09-2013, 06:15 PM   #3
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Default Re: Aldon Smith - three felony weapon charges

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He is fucked - their citizens should realize by now that California is not a free country

Ammunition, magazines, and five rifles including -- an Armalite AR10-T .308 caliber rifle, a Bushmaster ACR rifle chambered for 5.56mm NATO and a Bushmaster Carbon-15 .223 caliber -- were found in Smith's home by Santa Clara County Sheriff's deputies following the June 29 party. Prosecutors said none of the weapons were registered with the California Department of Justice.
Because not being able to stockpile assault weapons is the end of freedom?
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Old 10-09-2013, 06:42 PM   #4
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Default Re: Aldon Smith - three felony weapon charges

Those aren't assault weapons, those are semi-automatic sporting rifles. Every single one of those weapons can be fired just as fast as your normal over the counter semi-automatic pistol. Hell some pistols have more punch than those rifles.

Now I'm not condoning his behavior, but the weapons aren't committing the crime and outlawing them only leaves them in criminal hands.
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Old 10-09-2013, 06:45 PM   #5
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Default Re: Aldon Smith - three felony weapon charges

Also, since when is having 5 weapons stockpiling?
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Old 10-09-2013, 07:05 PM   #6
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Default Re: Aldon Smith - three felony weapon charges

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Also, since when is having 5 weapons stockpiling?
What number passes that threshold for you?

It is not as if he is an avid hunter and uses the weapons for sport

And as far as California is concerned one is one more than the limit
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Old 10-09-2013, 07:22 PM   #7
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Default Re: Aldon Smith - three felony weapon charges

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What number passes that threshold for you?

There is no number that passes that threshold for me since its our right to have weapons.
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Old 10-09-2013, 08:11 PM   #8
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Default Re: Aldon Smith - three felony weapon charges

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There is no number that passes that threshold for me since its our right to have weapons.
Well some (including me) would argue that right is not without restrictions

Even if it was legal that still would not mean it was not stockpiling - canned goods are legal but that does not mean it is not possible to stockpile canned goods

But thanks for the clarification
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Old 10-09-2013, 08:46 PM   #9
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Default Re: Aldon Smith - three felony weapon charges

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Well some (including me) would argue that right is not without restrictions

Even if it was legal that still would not mean it was not stockpiling - canned goods are legal but that does not mean it is not possible to stockpile canned goods

But thanks for the clarification
What sort of restrictions?
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Old 10-09-2013, 09:20 PM   #10
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Default Re: Aldon Smith - three felony weapon charges

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What sort of restrictions?
Justice Scalia laid out what permissible restrictions could be in the Heller case that ruled the DC absolute ban on handguns unconstitutional under the Second Amendment but that that right is not without limits

I will quote from it rather than just link to what someone else said Scalia said

Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. ... Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment , nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those “in common use at the time.” 307 U. S., at 179. We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of “dangerous and unusual weapons.” .

It may be objected that if weapons that are most useful in military service—M-16 rifles and the like—may be banned, then the Second Amendment right is completely detached from the prefatory clause. .... But the fact that modern developments have limited the degree of fit between the prefatory clause and the protected right cannot change our interpretation of the right.


http://www.law.cornell.edu/supct/html/07-290.ZO.html

The DC Circuit Court subsequently held that while DC could not have an absolute ban on handguns it could prohibit large capacity ammo magazines and assault weapons with out violating the 2nd Amendment and the holding of the Supreme Court in Heller.

we uphold as constitutional the prohibitions of assault weapons and of large capacity magazines

http://caselaw.lp.findlaw.com/script...0&invol=07-290

That of course does not mean those sorts of weapons and ammo must be outlawed, only that they can be - and I personally am glad DC was allowed to outlaw them

But if someone wants to go hunting go for it (several of my cousins are avid hunters). If you want a firearm in the house to protect yourself that is a legitimate concern.

I just do not think you need an assault weapon or a large magazine of ammo for legitimate activities and that a lot of carnage may be avoided if those items are banned

Others disagree
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Last edited by Atlanta Dan; 10-09-2013 at 09:30 PM.
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