Nick Marshal Arrested

[GoAU 1,611]

Regardless of whether or not people feel they should be illegal, these are currently some pretty serious charges and Nick could be facing some pretty serious time.  

[ShocksMyBrain 9,389]

2 hours ago, GoAU said:

Regardless of whether or not people feel they should be illegal, these are currently some pretty serious charges and Nick could be facing some pretty serious time.  

He’s looking at up to 10 years for the Glock switch alone. He’ll plea all of it down I’m sure, but yeah I don’t see him not doing at least a few years. 

[gman87 398]

13 hours ago, alexava said:

Sounds like a bs charge. Hoping he gets it cleared up soon and there’s nothing serious behind it. Over the last few years I’ve lost much faith in the criminal justice system. 

Under the National Firearms Act (NFA), it is illegal for a private citizen to possess a sawn-off modern smokeless powder shotgun (a shotgun with a barrel length shorter than 18 inches (46 cm) or a minimum overall length of the weapon, total, including the 18-inch minimum barrel, of under 26 inches

You may not agree with it, but it's illegal so I'm not sure what you mean by a BS charge?

[aujohnson 300]

Reading other news articles about this I think the quoted portion mentioning sawed off weapons and such is a quote of a statute not necessarily that he had a sawed off gun, but was in violation of a statute that included that category among others. One of the mentions is dangerous weapon. So whatever he had may have just fit into a broad category of modified weapons. 
 

I’m also not very confident on the usage of the term automatic in any article or just about any discourse concerning weapons when a significant number of people don’t understand the distinction from auto and semi-auto. 
 

Maybe he had a sawed off bazooka and a fully automatic pistol with a grande launcher attached, but from what I read it could be as simple as a pistol with a stock added or a fore grip or any number of “cool” mods that are illegal   

[Gowebb11 9,424]

Whatever he had, It seems it was deemed illegal by those who count and now he’s in trouble. I hope he gets it together. 

[StatTiger 3,188]

The media got it wrong... shocker.

No sawed-off weapon was involved.

[StatTiger 3,188]

6 hours ago, ShocksMyBrain said:

He’s looking at up to 10 years for the Glock switch alone. He’ll plea all of it down I’m sure, but yeah I don’t see him not doing at least a few years. 

Unless something else is added to the indictment, I doubt he will do any prison time. The codefendant could accept ownership by the time it all plays out.

[alexava 6,973]

4 hours ago, gman87 said:

Under the National Firearms Act (NFA), it is illegal for a private citizen to possess a sawn-off modern smokeless powder shotgun (a shotgun with a barrel length shorter than 18 inches (46 cm) or a minimum overall length of the weapon, total, including the 18-inch minimum barrel, of under 26 inches

You may not agree with it, but it's illegal so I'm not sure what you mean by a BS charge?

Shotgun less than 18”. Perfectly Legal. Hence BS

[AU9377 5,133]

On 11/16/2023 at 11:04 AM, KansasTiger said:

Good thing the court determined that didn't matter.

From Cornell Law:

"Further, the Court found that the phrase “well regulated Militia” referred not to formally organized state or federal militias, but to the pool of “able-bodied men” who were available for conscription"

It says "men".... strictly construed, it does not apply to her.  Just trying to be consistent.  LOL

[LPTiger 5,202]

4 hours ago, aujohnson said:

Reading other news articles about this I think the quoted portion mentioning sawed off weapons and such is a quote of a statute not necessarily that he had a sawed off gun, but was in violation of a statute that included that category among others. One of the mentions is dangerous weapon. So whatever he had may have just fit into a broad category of modified weapons. 
 

 

@aujohnsonnailed it.   I've reread all the articles and more important reviewed the on-line jail records.   As AUJ indicates the Ga. statute prohibits possession of a "saw off shotgun, sawed off rifle [or] a dangerous weapon."  It appears clear now that Nick was arrested for a weapon that the police felt fell into the later category. (BTW, I would argue "dangerous weapon" is unconstitutionally vague.  My Benelli M1-Super90 that my wonderful wife got for me back in 1992 when they were first imported is a very dangerous weapon.  It can shoot 5 rounds before the first empty hull hits the ground.   I digress.)   I think it is clear that (1) Nick didn't possess 3 different weapons, (2) he didn't possess any sawed off weapons and (3) the weapon he did possess was a handgun that had been modified in some form or fashion that the police felt caused it to be a "dangerous weapon."   Nick posted bond and was released from jail on the 14th.    In my experience, a criminal charge like this where there was no injury to a victim and no money or other property stolen, will not result in prison time.  There simply isn't enough prison space to lock up folks who commit these kinds of offenses.    

[Dwayne Pride 379]

Who among us doesn’t have an illegal firearm or two?  
 

Not me but I am sure the rest of you do.