FN FAL
Freight Dawgs Rule
- Joined
- Dec 17, 2003
- Posts
- 8,573
lets start with the motorist first, I thought I made it clear...if you shot him because he cut you off, it's state charge of murder. If you shot him because he was gay, it's a federal hate crime...if they can prove you did in fact shoot him because he was gay.satpak77 said:http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000036----000-.html
also, press release below
http://www.usdoj.gov/usao/can/press/html/2005_12_14_BigBlockfinal2pleas.htm
the subjects in the above press release were prosecuted federally for drive-by shooting
yes, the law exists
by the way, did I murder the gay because he was gay or because he cut me off in traffic?
You got to read these laws all the way through...Yea, it says drive by shooting, but read the notes. It's all about the interstate commerce and import export. Heck, if you had five guys on your crew and shot witnesses or people to conceal your tracks and it was gambling, they'd still have you on RICO charges for the murders. And the controlled substances act wouldn't exist as federal authority if it wasn't for the interstate commerce claim by the feds. Anything that I added in writing is in black and brackets. I only colored the actual text from the code or italicized it for emphasis.
§ 36. Drive-by shooting
Release date: 2005-08-03(a) Definition.— In this section, “major drug offense” means—
(1) a continuing criminal enterprise punishable under section 408 (c) of the Controlled Substances Act (21 U.S.C. 848 (c)); [go read that one]
(2) a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act (21 U.S.C. 846) section [1] 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 963); or [interstate commerce/import-export]
(3) an offense involving major quantities of drugs and punishable under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)). [interstate commerce/import-export]
(b) Offense and Penalties.—(1) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who, in the course of such conduct, causes grave risk to any human life shall be punished by a term of no more than 25 years, by fine under this title, or both.
(2) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of 2 or more persons and who, in the course of such conduct, kills any person shall, if the killing—(A) is a first degree murder (as defined in section 1111 (a)), be punished by death or imprisonment for any term of years or for life, fined under this title, or both; or
(B) is a murder other than a first degree murder (as defined in section 1111 (a)), be fined under this title, imprisoned for any term of years or for life, or both.
§ 848. Continuing criminal enterprise
(c) “Continuing criminal enterprise” defined For purposes of subsection (a) of this section, a person is engaged in a continuing criminal enterprise if—
(1) he violates any provision of this subchapter or subchapter II [subchapter two is import/export] of this chapter the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II of this chapter—
(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B) from which such person obtains substantial income or resources. [interstate commerce]
Subchapter two...
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