MA SJC Rules 2nd Ammendment Does Not Apply To States!

[surfcc]

let me ask again - if you were on the jury and the judge instructed you that the 2a defense was invalid as a matter of law, would you exercise your jury nullification power and vote acquittal anyway?

If those were the judges instructions? Unequivocally, yes....acquittal.

[nogods]

If those were the judges instructions? Unequivocally, yes....acquittal.

good - just remember that if you ever do exercise your jury nullification powers, you must not say that is what you did.

Our system allows juries to exercise the nullification power, but if they say that is what they did, then they can be prosecuted for violating their oath.

So do it, but remain silent. A jury can acquit for any reason or no reason, meaning that individual jurors cannot be forced to explain their decision. Just say "i didn't think he was guilty."

[6shootercarry]

good - just remember that if you ever do exercise your jury nullification powers, you must not say that is what you did.

Our system allows juries to exercise the nullification power, but if they say that is what they did, then they can be prosecuted for violating their oath.

So do it, but remain silent. A jury can acquit for any reason or no reason, meaning that individual jurors cannot be forced to explain their decision. Just say "i didn't think he was guilty."

I posted and meant to answer the question. Then I got to thinking about it some more and held off.

We have the right. We also have the responsibility.
With regard to Nathaniel Depina. His decision to have a gun without the proper license was in violation of the current law. Yes some, Ok ..most of the laws regarding firearms are just ridiculous, but they are the current laws. I have posted to this effect in the past. We as responsible gun owners have the right to own firearms and we have the right to view the laws that we believe to be silly and or dumb as just that, dumb and silly. We have the responsibility to stay within the letter of the law however, and we also have the right to fight to repeal or remove the laws that we believe should be removed.
Can't just go around the law when we feel like it. If so than we are no better than the criminals who do so for their own benefit. Just my 2 pennies out there for review and rebuke perhaps...It's part of the show here.

Peace...

[nogods]

I posted and meant to answer the question. Then I got to thinking about it some more and held off.

We have the right. We also have the responsibility.
With regard to Nathaniel Depina. His decision to have a gun without the proper license was in violation of the current law. Yes some, Ok ..most of the laws regarding firearms are just ridiculous, but they are the current laws. I have posted to this effect in the past. We as responsible gun owners have the right to own firearms and we have the right to view the laws that we believe to be silly and or dumb as just that, dumb and silly. We have the responsibility to stay within the letter of the law however, and we also have the right to fight to repeal or remove the laws that we believe should be removed.
Can't just go around the law when we feel like it. If so than we are no better than the criminals who do so for their own benefit. Just my 2 pennies out there for review and rebuke perhaps...It's part of the show here.

Peace...

I agree with you on those points - but there are people who disagree - and it is their right to refuse to enforce a law they disagree with through jury nullification.

[6shootercarry]

I'll bite, I'll be the devils advocate. If you are a pure Constitutionalists then the Constitution has no provision for denying anyone the right to bear arms. Saying that I do believe it's societies benefit to have those rights curtailed for those that do not conform to social norms. Having said that I do believe that there are some that made mistakes early in life and sometimes even later in life that truly learned their lesson. Under case by case scrutiny I think those individual should have their rights restored. I also feel that some scumbags out their that never learned a thing about their actions should have their right to breath terminated asap!

As a gun owner (and lover for that matter) it feels wrong to say "Yea, uh... I don't think this jackass should be allowed to walk loose in the world with a gun". So I feel conflicted. I have posted this before. If you choose to commit crimes against your fellow citizens (especially violent crimes) than you have proven yourself to be a lesser citizen and in doing so have given me the right to hold judgment over you. I am not the power that endowed you with the rights as described in the Bill of Rights or the Constitution so I don't feel as though I should be able to revoke or infringe upon them. I am however a citizen who feels the way I described above. The BGs have made their choices and in doing so... Vanquished..

Now if the citizen they attempted to prey upon were armed as they have the right to be at the beginning...

Yea I know, No way to make this perfect...


Peace...

[6shootercarry]

I agree with you on those points - but there are people who disagree - and it is their right to refuse to enforce a law they disagree with through jury nullification.

And that is the beauty of all this Rights vs.Responsibility stuff we all wade through and debate...

I liked the question by the way. Good way to read the temperature...

Peace...