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Old 01-17-2009, 07:07 AM
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Jason Jason is offline
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Join Date: Sep 2008
Location: Omaha, NE
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Quote:
Originally Posted by Earthpig
I believe(I'm not a lawyer) that ten years would be added to his drug charge penalty a felony crime committed while in possession of a firearm.
I do not agree here (though I am not a lawyer either). Strictly speaking, in the U.S., the courts give extra jail time when a firearm is used in the commision of a felony. For instance, if two people were arrested for bank robbery and one used a threatening note, and the other used a firearm, the guy who used the gun could be given extra jail-time.

Just having a gun in your home with drugs does not meet the statutory definition of "being used in the commision of a felony". I knew a guy who got arrested for growing illegal plants in his home. He was charged with a felony and the cops confiscated a legal shotgun from his home at the time of the arrest. He was not charged with a 'gun-crime'.

Quote:
Originally Posted by Earthpig
I do believe in gun owner rights, but if you are committing a crime with a gun the penalty should be severe.
I would agree with this. In the U.S. violent crimes are not punished severly enough. All violent offenders should face severe legal punishment. Many of our jails (especially in California with the 3-strikes rule that has mandatory minimums for anyone convicted of 3 felonies, violent or not) are overflowing with non-violent drug offenders while murder rates rise.

So, to answer the question from the OP, I would guess here in Nebraska the offender would not face any additional charges, unless the firearm itself was illegal (sawed-off shotgun, full-auto mod etc.). I do think the gun would be confiscated, and the owner would probably never see it again.
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