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A Warning For You Machine Gun Possessors...


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#1 Bruce L

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Posted 13 March 2004 - 11:52 AM

Man sentenced in weapon case


A federal judge fined a Florence man $10,000 and ordered him to spend nine months in home detention for possessing a World War II-era machine gun.

U.S. District Judge Karen O. Bowdre also put Paul David Connolly, 49, on five years' probation and ordered him to perform 150 hours of community service.

Connolly, who had faced a possible 10-year sentence, had been indicted in April for possessing a Sten machine assembled from a kit. He later pleaded guilty.

Connolly's attorney, Jim Sturdivant, said Connolly possessed the weapon for recreational purposes only and he hoped the sentence imposed by the judge Wednesday will not be appealed.

U.S. Attorney Alice Martin said the sentence would be reviewed and that federal law "clearly prohibits the private possession of a machine gun."




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#2 TN.Frank

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Posted 13 March 2004 - 12:02 PM

mad.gif "U.S. Attorney Alice Martin said the sentence would be reviewed and that federal law "clearly prohibits the private possession of a machine gun." Hogwash, as long as you pay your tax and do the paper work you can have all the machine guns that you can afford. And this "lady" is a U.S. Attorney??? How can she be if she doesn't even know the law.

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#3 TN.Frank

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Posted 13 March 2004 - 01:00 PM

Phil, you so crazy, you.LOL. biggrin.gif
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#4 Bruce L

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Posted 13 March 2004 - 01:11 PM

I took the liberty of emailing Ms. Martin a link to the National Firearms Act Branch online brochure.
I'm now going outside to bury my Thompson!
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#5 rsilvers

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Posted 13 March 2004 - 01:29 PM

I think I would accept that sentence. I mean, they *can* give you 10 years in real prison. 9 months at home watching TV is vastly better.
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#6 TSMGguy

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Posted 13 March 2004 - 01:32 PM

Speaking of burying guns: I had a Latvian room mate one time who told the following (speaking of the Soviet era):


Q: Why do all of the gardens in Latvia look so bad?

A: They never get watered because the guns would rust!

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#7 TSMGguy

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Posted 13 March 2004 - 02:43 PM

PhilOhio:

Come to think of it, he always told that one with a straight face. Maybe I was the one who just THOUGHT it was a joke!

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#8 DC Chris

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Posted 13 March 2004 - 06:31 PM

I wonder if she was misquoted.

Making a machine gun from a kit without the license or paperwork is a crime.

Possession in Alabama with federal paperwork is NOT A CRIME.

Something is not right with this story....

Chris.
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#9 Arthur Fliegenheimer

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Posted 13 March 2004 - 08:39 PM

QUOTE
Connolly, who had faced a possible 10-year sentence, had been indicted in April for possessing a Sten machine assembled from a kit. He later pleaded guilty.


I think it's clear the guy thought he had the right to convert to full auto play without submitting the forms and the $200. Connolly's attorney sounds like the model court appointed putz with his brilliant defense strategy, "My client possessed the weapon for recreational purposes only." As if that feeble explanation would make it all better.
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#10 TD.

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Posted 13 March 2004 - 09:09 PM

Actually, that "court appointed putz" did one hell of a job. Nine months home detention for the manufacture and possession of an illegal machine gun is what they refer to in the legal business as a [big] win. Watch your newspapers and magazines, this may not be the last time you hear of the "recreational purposes only" defense.
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#11 NDLawyer

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Posted 13 March 2004 - 09:44 PM



Once again, Arthur sticks his foot in his mouth. It isn't as offense when he is actually making an a** of himself in an area where he appears to be knowledgable. Obviously, this is not such an area.

If I could post pictures there would be a jpg of a WWII soldier hoisting his mess cup with the caption:

How about a big cup of shut the f*** up?


As a "court appointed putz" myself, I concur that 9 months was one hell of a job. So he claimed possession was recreational, what was he going to say, client knew it was wrong and didn't give a sh*t?

Every federal defender I know on a personal basis takes their job very seriously. Not to mention, I estimate less than 10% of the population could afford to retain an attorney worth a damn to defend a federal gun case.

Oh, last but not least, here is a link to Mr. Sturdivant's rating from his peers ate www.martindale-hubbell.com

http://www.martindal...TS=&CRY=1&LSCH=


For those of you unfamiliar with Martindale Hubbell, they are THE national attorney rating service. the AV rating means excellent attorney and very ethical. Hmmm, just the type of advocate one would desire when accused of a crime.


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#12 Arthur Fliegenheimer

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Posted 13 March 2004 - 10:09 PM

ND,
I can't immprove on, "As a "court appointed putz" myself," but AV ratings are peer (not wharf) reviews. And nobody gets less than an AV or a BB in the MH anyway. Was this Sturdivant guy your mentor or something? And as far as an obviously guilty defendent saying, "Yah, I did break the law," sure would be a refreshing declarative statement not heard often enough in America's courtrooms. I know that sort of personal responsibilty is considered anathema by attorneys. How else would they be able to justify their swelling numbers in the Yellow Pages, as well as in Martindale- Hubbell. I wasn't besmerching court appointed attorneys any more than high-priced feckless barristers. And where do you guys see 10 -year jail sentences for a first offender guilty of one count NFA violation? This guy gets a pretty standard sentence and now the Dutchman is Clarence Darrow?

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#13 rsilvers

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Posted 13 March 2004 - 10:13 PM

If his pier review is good, he deserves to have his ship come in.
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#14 Arthur Fliegenheimer

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Posted 13 March 2004 - 10:16 PM

RS,
Now there is a valid criticism with a witicism.

By the way, did Mark take you up on your "generous" offer to trade his best Colt TSMG plus $10K for your nickel gun?

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#15 rsilvers

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Posted 13 March 2004 - 10:19 PM

I tried emailing Mark but he did not respond. I guess I will wait to hear. Maybe he went away for the weekend or is working or something. Or maybe he can only post from work on weekdays.
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#16 rsilvers

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Posted 13 March 2004 - 10:22 PM

Hey -- I did not ask for 'his best' gun. I asked for the best one he could spare in that type of deal.
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#17 rsilvers

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Posted 13 March 2004 - 10:24 PM

I was thinking the nickel gun would be great for marine applications. Like pirate defense, etc. I noticed that Winchester's 1300 Marine shotgun is nickel.
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#18 John Jr

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Posted 13 March 2004 - 10:24 PM

QUOTE
A federal judge fined a Florence man $10,000 and ordered him to spend nine months in home detention for possessing a World War II-era machine gun.


It would be a lot better if the reporter who wrote this (I assume a reporter wrote this) if it read:

A federal judge fined a Florence man $10,000 and ordered him to spend nine months in home detention for possessing an UNREGISTERED World War II-era machine gun.


Now, back to the lawyer fight! wink.gif
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#19 Arthur Fliegenheimer

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Posted 13 March 2004 - 10:25 PM

RS,
Are you sure you don't moonlight as an attorney while being a photo artist during the day?

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#20 NDLawyer

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Posted 13 March 2004 - 10:36 PM

Knowing Arthur will always have the last word, apparently having nothing else better to do with his time other than annoy the rest of us on this board, you may ask yourselves why I am even bothering with another response . . .

1. Sarcasm is obviously lost on Arthur, as is reason and common sense.

2. His foot is still wedged firmly in his mouth.

3. Never even heard of Jim Sturdivant until this thread started. My mentor was an incredible attorney named Susan Martin who is now practicing in Colorado. Should you ever be unfortunate enough to find yourself in legal trouble in that state, look her up.

4. Arthur is obviously ignorant of the federal sentencing guidelines -- the gentleman with the unregistered sten could certainly and easily found himself in prison.

5. Nice of you to back track regarding your court apointed counsel remarks.

6. The number of attorneys is directly related to supply and demand, a simple economic principle with which anyone who has tried to buy a drum is painfully familiar.

7. Put your money where your mouth is -- get an unregistered NFA weapon, turn yourself in to the BATF and wait to see if you get a 9 month sentence.
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