Real crimes are rape, murder, robbery etc. “Made-up” crimes (i.e. crimes that don’t actually harm others or deprive them of their Constitutional right to life, liberty and property) include prostitution, cocaine possession,Â dancing, etc. The Kentucky State Court of Appeals just created a new “made-up” crime. Now, if you simply carry a gun within school property, then you have “used” a gun while committing a felony.The confusing decision is based upon the combination of two laws. The first is a 1994 law that calls for automatic transfer to adult court for children over 14 who use a gun in the commission of a felony. The law clearly implies that a gun must be used when committing a major felony such as rape or murder. However, the judges brazenly combined that law with a second law, which states that gun possession on school property is a felony. The judges thereby upgraded possession of a gun from a felony to a major felony, all of which are tried in adult court.
This decision is an example of “legislating from the bench.” Politicians are supposed to write the laws while judges are elected to enforce the laws and determine if they are constitutional. Unfortunately, some judges become dissatisfied with the existing laws and use cases to “write” new ones. The Kentucky judges obviously felt that possession of a gun should be a major felony and therefore issued a decision that accomplished their goal. Now, state attorneys can prosecute student gun holders as major felons in adult court.
|The law clearly implies that a gun must be used when committing a major felony such as rape or murder.
The decision concerned the case of Marcus T. Darden, 17, who was arrested in 1995 at a high school football game by officers who claimed they smelled marijuana coming from his car. Upon closer inspection, the officers found marijuana, cocaine and three guns. Local prosecutors then dreamed up the charge of gun possession while committing a felony and then successfully argued that he should be transferred out of juvenile court and tried as an adult. Darden was convicted and sentenced to five years in prison.
Darden appealed the decision and claimed that his case should have remained in juvenile court. Presumably, he also argued that he merely possessed three guns, which according to Kentucky law is a felony, not a major felony. The State Appeals Court disagreed and now Darden, who is yet another victim of “made-up” crimes, must spend the next five years of his life in prison.
Darden’s sentence violates the Second Amendment as well as the Eighth amendment, which forbids cruel and unusual punishment. The government is about to inflict five years of prison upon a person who simply had a gun in a car. Darden did not actually use the gun or threaten to use the gun. He was simply hanging out with friends minding his own business. In addition, he potentially owned the guns purely for self-defense.
“Gun control” is “people control,” and those people being controlled are high school students like Darden. Fight back against judges who legislate from the bench and “people-control” politicians by voting forÂ Libertarian politicians who will pardon all perpetrators of “made-up” crimes. But until that day of freedom, don’t carry a gun on Kentucky school grounds.
Hopefully, Darden will continue to be aÂ Libertarian Rockstar by appealing his case to the Supreme Court.