Court rules sporting purposes only reason for a gun

Status
Not open for further replies.
R

REOIV

Member
Joined
May 3, 2007
Messages
263
A court recently decided that if you plan to use a gun for any other reason than sporting purposes you shouldn't be allowed to have it.

http://www.kscourts.org/ca10/cases/2006/05/05-8058.htm

Essentially the guy in the case was guilty of owning a firearm after a misdemeanor domestic violence charge.

He appealed saying he got the gun only to hunt with (sporting purposes).

Later on he threatened people with his gun either intending to use it or just to bluff with, so there by the gun was for a new purpose not just sporting purposes only and so he was not allowed to have the gun.

What I am wondering is if it is possible now for someone to say that any gun not specifically owned for hunting is not suitable to sporting purposes and should be banned?

What if the new purpose was self defense? or collecting them for their value?

I fail to see how purpose of owning rifles should have any ability on your right to own them.
 
The court did not state that sporting purposes was the only reason to own a firearm. The appeal was to reduce the sentencing level for the offense based on the premise that the firearm was owned only for sporting purposes.
 
The court stated the only way he could own a gun is if it was for only sporting purposes.

Any other purpose means it wasn't for sporting purposes and he couldn't own it.

Since he threatened to kill people who would take his kids after his divorce it was deemed another purpose.

Basically saying you would use a gun for another purpose other than sporting is enough to get them to take your rifle away.

It is just crazy to me.
 
He was probably specifically ALLOWED to have the gun for hunting. Otherwise, he was forbidden by law to have one at all. He got a special privelege based on certain criteria, and he broke the conditions.

The court said, "We meant what we said: only for hunting."

That doesn't mean I like the situation. I support a RIGHT to keep and bear arms, not a privelege, and I think that only a violent felony should negate that right.

But be that as it may, you're misrepresenting the court's position.

EDIT: Correction. He apparently IS a convicted violent felon. My bad.
 
The court stated the only way he could own a gun is if it was for only sporting purposes.
Click to expand...

No.

The court stated the only way a convicted felon could own a gun is if it was for only sporting purposes.
 
Seriously, this is just more reason to vote for Ron Paul.
Click to expand...

The cheese in my fridge was moldy today. That's why I'm voting for Ron Paul! He will stop mold from growing on cheese!

(Oh wait, I'm not a Democrat. Gotta find some reason that makes sense.)
 
"Sporting purposes" is a tired, old strawman from the nearly century-long battle to retain our 2A rights. How old was the judge? My guess is he's a geezer trotting out an old boken plough horse.

As for the guy in question, criminals deserve a punishment that fits their crime. If he's not a danger to anybody and has been set free then there is no reason not to give him his rifle back. If he is a real danger to others then he probably shouldn't be free. I see that as the real issue here.
 
How old was the judge?
Click to expand...

Old enough to understand the law in question:

Robert James Sanders appeals his sentence on a conviction for possession of a firearm by a convicted felon. He contends that the district court erred by not applying the sentencing guideline that reduces the offense level when the firearm is possessed solely for a "sporting" purpose. We hold that the district court could properly decline to apply the guideline on the ground that Mr. Sanders had threatened to shoot various persons with a firearm, even though he was not carrying a firearm when he made the threats.
Click to expand...
 
The cheese in my fridge was moldy today. That's why I'm voting for Ron Paul! He will stop mold from growing on cheese!

(Oh wait, I'm not a Democrat. Gotta find some reason that makes sense.)
Click to expand...

OH armedbear....I know your on a warpath lately.......:rolleyes:
 
glummer's right, as I read the decision. (And if you haven't, it's a depressing but mercifully brief intro. to the topsy turvy world of the board-game style Federal Sentencing Guidelines.) In deciding the defendant's sentence, had the Judge found that the guns he possessed had been strictly for sporting purposes, that would have placed the defendant at one place on the track; repeated, plausible, sworn-to threats to kill others (by shooting them in particular) makes for a reasonable determination that he didn't have the guns only for sporting purposes.

(This is *not* to defend the "sporting purposes" canard -- just saying why in this case, it's not quite that the court said that sporting purposes are the only legit reason to own a firearm; even if they had, it wouldn't quite jibe w/ Kansas' concealed carry law.)

btw, I love how the states surrounding KS don't seem to like KS concealed permits; see http://www.packing.org/state/kansas/image.php?stateimage=30

timothy
 
Couldn't the defendant just walk into court with some safari books, and a copy of "The Most Dangerous Game", claim the piece was for sporting purposes, and call it a day?
 
The lesson I learn from this is, in some jurisdictions you can be
a felon barred from possessing firearms for offense or defense
(ie as weapons), but may own firearms for sporting purposes.

If you are such a felon, you best not threaten to shoot people,
or the fact that you own firearms can enhance your sentence
for threatening people.

I have been told or read that there are jurisdictions where a
convicted felon can own a bow or muzzleloader for sporting
purposes but not a cartridge arm.

Before you say, why allow felons to own any sort of weapon
for any purpose, take a look at some of the felony laws we
have today: you can become a felon for some really strange
and seemingly illogical legal reasons.

Felony is no longer treason, piracy, murder, rape, armed robbery
or talking in the theater; there are so many regulatory
non-violent felonies that being a felon does not mean what it
used to mean.
 
Sorry, but this creep will never be 'poster boy' for RKBA.
Click to expand...
One man's creep is another man's loyal voter constituent.

Watch out who's rights you're willing to take away, someone else may be gunning for yours. (No pun intended.)
 
Obviously, this guy can't be trusted with arms, therefore, he belongs in jail. Period.

Woody

A law that says you cannot fire your gun in the middle of downtown unless in self defense is not unconstitutional. Laws that prohibit brandishing except in self defense or handling your gun in a threatening or unsafe manner would not be unconstitutional. Laws can be written that govern some of the uses of guns. No law can be written that infringes upon buying, keeping, storing, carrying, limiting caliber, limiting capacity, limiting quantity, limiting action, or any other act that would infringe upon the keeping or bearing of arms. That is the truth and simple reality of the limits placed upon government by the Second Amendment to the Constitution. B.E.Wood
 
I have been told or read that there are jurisdictions where a
convicted felon can own a bow or muzzleloader for sporting
purposes but not a cartridge arm.
Click to expand...

Federal law allows the possession by felons of guns made in or before 1898 and certain blackpowder muzzleloading guns and replicas.

State and local laws may vary.
 
My home defense weapons are for sporting purposes.

.... What?! I fully intend to give him a chance to lay down and wait for the cops before I fire - and failing that, to keep all shots within the 10 ring. That's pretty sporting!
 
Status
Not open for further replies.

Similar threads

Zundfolge
  • Locked
Sporting Purpose
2
Replies
27
Views
1K
DoubleTapDrew
D
B
  • Locked
Bill To Repeal "Sporting Purposes" Clause
2 3 4 5
Replies
102
Views
12K
ArmedBear
A
S
  • Locked
"Sporting Purposes only"
Replies
12
Views
982
Owen Sparks
O
F
  • Locked
Effect of Heller on the "Sporting Purpose" gun import laws?
Replies
17
Views
2K
LawBot5000
L
H
  • Locked
Sporting Purpose importation memo
Replies
3
Views
2K
rich2u
R
Back
Top