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View Full Version : Marine Vet gets 20 years for burning prayer rug...



Reagans Rascals
12-23-12, 14:24
http://www.koamtv.com/story/20386181/man-says-he-burned-ohio-mosque-to-avenge-soldiers

this is flat out FUBAR....

he gets 20 years... for what should ultimately be vandalism and or breaking and entering, at the most Aggravated criminal mischief...

instead he is charged with a hate crime and sentenced to 20 years...

I recently read a story of a 22 year old ship worker who intentionally started a fire on board a U.S. Nuclear submarine, causing over 450 Million dollars in damage.... and he was only sentenced to NEARLY 20 years...

so... because this man burned a religious mat... that probably cost a buck 12... and its a symbol of religious intolerance... he gets a heavier sentence than a murder, rapist, bank robber... or a even a Military Saboteur...

it mentions 2 gun related charges but I have found no information on those whatsoever... so it seems like this man... however ignorant and stupid he may be... is still getting the shaft...

literally just no words left to describe this country...

LowSpeed_HighDrag
12-23-12, 14:27
Edited: Upon further review (I will admit I only read the headline), it seems the penalty fits the crime.

GeorgiaBoy
12-23-12, 14:32
I heavily doubt he will get a full 20 years... He will probably appeal and be out in less than 5 years.

Reagans Rascals
12-23-12, 14:35
I heavily doubt he will get a full 20 years... He will probably appeal and be out in less than 5 years.

do you really think he should still be given 5....

this is almost misdemeanor territory... at most.... a heavy fine and probation/ community service...

the justice system was created to right wrongs... and for balanced punishment... I don't believe destruction of property... especially when that totals less than probably $200... warrants taking 20, 5 , or even 1 year of a mans life...

Hehuhates
12-23-12, 14:53
Yea, five is reasonable. Twenty for attempted arson? He was drunk and carrying a firearm when he attempted to burn down a Mosque. No big deal right?

SteyrAUG
12-23-12, 14:57
Hey I just got an idea.

From now on let's charge terrorists with HATE CRIMES. The Lockerbie Bomber, Abdelbaset al-Megrahi, killed 270 people and only did 8 years before he was released and lived out the last 3 years of his life a free man.

jet66
12-23-12, 15:13
It looks like the firearms charge and the 'using fire to commit a felony' are the two charges that really jacked it up. Federal felony arson carries a 5-20 year penalty by itself.

kmrtnsn
12-23-12, 15:15
I heavily doubt he will get a full 20 years... He will probably appeal and be out in less than 5 years.

Like it or not but it does not work that way. He pleaded guilty in federal court. On the federal side, after the truth in sentencing laws, with good behavior he must serve 85% of the imposed sentence, so no, he won't be doing five. Also, a guilty plea usually includes limited appeal rights. He can only appeal based on a sentencing error by the judge, which is unlikely, since the federal sentencing is based on guidelines and district court judges don't color outside the lines.

milosz
12-23-12, 15:42
Three gas cans shows intent to burn the whole place down (vs. "aggravated misdemeanor mischief"), presence of guns in the commission of a felony tacks on more.

If he pled out to 20, his lawyer was telling him it would have been much worse to go to trial. No reason to cry for this moron.

kmrtnsn
12-23-12, 15:52
"Court documents say Linn left his Indiana home on Sept. 30 in a red four-door Chevrolet Sonic, stopping at a gas station near Perrysburg, Ohio, to fill three gas cans he had in the vehicle, before driving on to the Islamic Center of Greater Toledo. The mosque in Perrysburg is the third largest in the United States, a 70,000-square-foot landmark, visible for miles, with 3,000 members who celebrated the center’s 32nd anniversary in October.

Linn made numerous efforts to enter the Islamic Center before finally gaining entry, walking through several rooms with a pistol in his left hand before exiting and then returning with a gas can, the court documents disclosed. He entered the mosque’s prayer room on the second floor and poured gasoline on the prayer rug used by worshippers during prayer services. Linn then set fire to the rug and fled. His actions were caught on surveillance cameras and he was arrested a few days later after the photos received media coverage."

The fire caused an estimated $1 million worth of damages.

Hardly misdemeanor territory here.

Sensei
12-23-12, 16:24
Court documents say Linn left his Indiana home on Sept. 30 in a red four-door Chevrolet Sonic, stopping at a gas station near Perrysburg, "Ohio, to fill three gas cans he had in the vehicle, before driving on to the Islamic Center of Greater Toledo. The mosque in Perrysburg is the third largest in the United States, a 70,000-square-foot landmark, visible for miles, with 3,000 members who celebrated the center’s 32nd anniversary in October.

Linn made numerous efforts to enter the Islamic Center before finally gaining entry, walking through several rooms with a pistol in his left hand before exiting and then returning with a gas can, the court documents disclosed. He entered the mosque’s prayer room on the second floor and poured gasoline on the prayer rug used by worshippers during prayer services. Linn then set fire to the rug and fled. His actions were caught on surveillance cameras and he was arrested a few days later after the photos received media coverage."

The fire caused an estimated $1 million worth of damages.

Hardly misdemeanor territory here.


I agree and think that the 20 years should provide him the right amount of time to ponder his crimes. However, I disagree with the premise behind most "hate crimes" and would have given him the 20 years simply for the arson and use of a firearm during the commission of a felony.

SteyrAUG
12-23-12, 16:57
Three gas cans shows intent to burn the whole place down (vs. "aggravated misdemeanor mischief"), presence of guns in the commission of a felony tacks on more.

If he pled out to 20, his lawyer was telling him it would have been much worse to go to trial. No reason to cry for this moron.

Actually I fully agree. But part of me "understands."

I think in the interest of showing good will between Marines and Muslims he should be given a "second chance." After all Islam preaches tolerance and peace.

PA PATRIOT
12-23-12, 19:53
He deserved more time then 20 years the dumb ass.

GeorgiaBoy
12-23-12, 19:55
do you really think he should still be given 5....


To be honest, yes. Not 20, but at least five.

- He brought a handgun with him into the mosque, clearing each room with that gun. What did he plan on doing if there was anyone? Shoot them? Threaten them? That alone is completely intolerable as I am a firm believer in making crimes with a firearm a lot more severe.

- He brought LOTS of gas. You don't need three gas cans to burn a rug. He could have originally intended to burn the whole place down.

- Even though he checked, there COULD have been someone in the mosque that could have been trapped in the event of a larger blaze and possibly killed.

- While I do not like Islam one bit, I respect its existence as a religion. This guy singled out a mosque to "avenge" American troops' deaths in the middle east. (Lets not even mention that fact that we are over there fighting in their countries, supposedly somewhat for the benefit of "peaceful muslims", like in Iraq.) Yet this guy targeted a normal Islamic mosque, not a radical mosque. That is like burning down the local Baptist or Methodist Church because of what the Westboro idiots do.

- What he did could almost be labeled terrorism, in a sense.

glocktogo
12-23-12, 20:02
Arson is a serious crime. It endangers life even when the structure or area is currently unoccupied. Someone has to fight the fire and fire spreads in strange ways.

milosz
12-23-12, 20:57
re: "hate crimes" - the law on the books here that's 'hate crimes legislation' actually just makes attacks on religious structures (churches, mosques, synagogues) a federal crime.

Which you can argue against on its own merits but he's not on the hook here, as I understand it, specifically for attacking a mosque. Christian church arsons have been tried under these laws.

kmrtnsn
12-23-12, 21:15
For those interested in the law.

Telling an officer "**** those Muslims" during booking did help his case.


The indicted counts;

18:247(a)(1)and 247(d)(3) DAMAGE TO RELIGIOUS PROPERTY
(1)
18:247(a)(1) and 247(d)(3) DAMAGE TO RELIGIOUS PROPERTY
(1s)
18:844(h)(1) USE OF FIRE OR EXPLOSIVES IN CONNECTION WITH COMMISSION OF A FEDERAL FELONY OFFENSE
(2)
18:844(h)(1) USE OF FIRE OR EXPLOSIVE TO COMMIT A FELONY
(2s)
18:924(c) USE OF A FIREARM TO COMMIT AN ACT OF VIOLENCE
(3s)

18 USC § 247 - Damage to religious property; obstruction of persons in the free exercise of religious beliefs

(a) Whoever, in any of the circumstances referred to in subsection (b) of this section—
(1) intentionally defaces, damages, or destroys any religious real property, because of the religious character of that property, or attempts to do so; or
(2) intentionally obstructs, by force or threat of force, any person in the enjoyment of that person’s free exercise of religious beliefs, or attempts to do so;
shall be punished as provided in subsection (d).
(b) The circumstances referred to in subsection (a) are that the offense is in or affects interstate or foreign commerce.
(c) Whoever intentionally defaces, damages, or destroys any religious real property because of the race, color, or ethnic characteristics of any individual associated with that religious property, or attempts to do so, shall be punished as provided in subsection (d).
(d) The punishment for a violation of subsection (a) of this section shall be—
(1) if death results from acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, a fine in accordance with this title and imprisonment for any term of years or for life, or both, or may be sentenced to death;
(2) if bodily injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, and the violation is by means of fire or an explosive, a fine under this title or imprisonment for not more that 40 years, or both;
(3) if bodily injury to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, a fine in accordance with this title and imprisonment for not more than 20 years, or both; and
(4) in any other case, a fine in accordance with this title and imprisonment for not more than one year, or both.
(e) No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General or his designee that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice.
(f) As used in this section, the term “religious real property” means any church, synagogue, mosque, religious cemetery, or other religious real property, including fixtures or religious objects contained within a place of religious worship.
(g) No person shall be prosecuted, tried, or punished for any noncapital offense under this section unless the indictment is found or the information is instituted not later than 7 years after the date on which the offense was committed.

18 USC § 844 - Penalties

(a) Any person who—
(1) violates any of subsections (a) through (i) or (l) through (o) ofsection 842 shall be fined under this title, imprisoned for not more than 10 years, or both; and
(2) violates subsection (p)(2) ofsection 842, shall be fined under this title, imprisoned not more than 20 years, or both.
(b) Any person who violates any other provision of section 842 of this chapter shall be fined under this title or imprisoned not more than one year, or both.
(c)
(1) Any explosive materials involved or used or intended to be used in any violation of the provisions of this chapter or any other rule or regulation promulgated thereunder or any violation of any criminal law of the United States shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter.
(2) Notwithstanding paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them, the seizing officer may destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least 1 credible witness. The seizing officer shall make a report of the seizure and take samples as the Attorney General may by regulation prescribe.
(3) Within 60 days after any destruction made pursuant to paragraph (2), the owner of (including any person having an interest in) the property so destroyed may make application to the Attorney General for reimbursement of the value of the property. If the claimant establishes to the satisfaction of the Attorney General that—
(A) the property has not been used or involved in a violation of law; or
(B) any unlawful involvement or use of the property was without the claimant’s knowledge, consent, or willful blindness,
the Attorney General shall make an allowance to the claimant not exceeding the value of the property destroyed.
(d) Whoever transports or receives, or attempts to transport or receive, in interstate or foreign commerce any explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property, shall be imprisoned for not more than ten years, or fined under this title, or both; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not more than twenty years or fined under this title, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment.
(e) Whoever, through the use of the mail, telephone, telegraph, or other instrument of interstate or foreign commerce, or in or affecting interstate or foreign commerce, willfully makes any threat, or maliciously conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of fire or an explosive shall be imprisoned for not more than 10 years or fined under this title, or both.
(f)
(1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, or any institution or organization receiving Federal financial assistance, shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both.
(2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately causes personal injury or creates a substantial risk of injury to any person, including any public safety officer performing duties, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both.
(3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes the death of any person, including any public safety officer performing duties, shall be subject to the death penalty, or imprisoned for not less than 20 years or for life, fined under this title, or both.
(g)
(1) Except as provided in paragraph (2), whoever possesses an explosive in an airport that is subject to the regulatory authority of the Federal Aviation Administration, or in any building in whole or in part owned, possessed, or used by, or leased to, the United States or any department or agency thereof, except with the written consent of the agency, department, or other person responsible for the management of such building or airport, shall be imprisoned for not more than five years, or fined under this title, or both.
(2) The provisions of this subsection shall not be applicable to—
(A) the possession of ammunition (as that term is defined in regulations issued pursuant to this chapter) in an airport that is subject to the regulatory authority of the Federal Aviation Administration if such ammunition is either in checked baggage or in a closed container; or
(B) the possession of an explosive in an airport if the packaging and transportation of such explosive is exempt from, or subject to and in accordance with, regulations of the Pipeline and Hazardous Materials Safety Administration for the handling of hazardous materials pursuant to chapter 51 of title 49.
(h) Whoever—
(1) uses fire or an explosive to commit any felony which may be prosecuted in a court of the United States, or
(2) carries an explosive during the commission of any felony which may be prosecuted in a court of the United States,
including a felony which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device shall, in addition to the punishment provided for such felony, be sentenced to imprisonment for 10 years. In the case of a second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for 20 years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the felony in which the explosive was used or carried.
(i) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall also be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment.
(j) For the purposes of subsections (d), (e), (f), (g), (h), and (i) of this section and section 842 (p), the term “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, other explosive or incendiary devices within the meaning of paragraph (5) of section 232 of this title, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion.
(k) A person who steals any explosives materials which are moving as, or are a part of, or which have moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years, fined under this title, or both.
(l) A person who steals any explosive material from a licensed importer, licensed manufacturer, or licensed dealer, or from any permittee shall be fined under this title, imprisoned not more than 10 years, or both.
(m) A person who conspires to commit an offense under subsection (h) shall be imprisoned for any term of years not exceeding 20, fined under this title, or both.
(n) Except as otherwise provided in this section, a person who conspires to commit any offense defined in this chapter shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense the commission of which was the object of the conspiracy.
(o) Whoever knowingly transfers any explosive materials, knowing or having reasonable cause to believe that such explosive materials will be used to commit a crime of violence (as defined in section 924 (c)(3)) or drug trafficking crime (as defined in section 924 (c)(2)) shall be subject to the same penalties as may be imposed under subsection (h) for a first conviction for the use or carrying of an explosive material.
(p) Theft Reporting Requirement.—
(1) In general.— A holder of a license or permit who knows that explosive materials have been stolen from that licensee or permittee, shall report the theft to the Secretary [1] not later than 24 hours after the discovery of the theft.
(2) Penalty.— A holder of a license or permit who does not report a theft in accordance with paragraph (1), shall be fined not more than $10,000, imprisoned not more than 5 years, or both.

18 USC § 924 - Penalties


(a)
(1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever—
(A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter;
(B) knowingly violates subsection (a)(4), (f), (k), or (q) ofsection 922;
(C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922 (l); or
(D) willfully violates any other provision of this chapter,
shall be fined under this title, imprisoned not more than five years, or both.
(2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) ofsection 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both.
(3) Any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly—
(A) makes any false statement or representation with respect to the information required by the provisions of this chapter to be kept in the records of a person licensed under this chapter, or
(B) violates subsection (m) ofsection 922,
shall be fined under this title, imprisoned not more than one year, or both.
(4) Whoever violates section 922 (q) shall be fined under this title, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922 (q) shall be deemed to be a misdemeanor.
(5) Whoever knowingly violates subsection (s) or (t) ofsection 922 shall be fined under this title, imprisoned for not more than 1 year, or both.
(6)
(A)
(i) A juvenile who violates section 922 (x) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation.
(ii) A juvenile is described in this clause if—
(I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922 (x)(2); and
(II) the juvenile has not been convicted in any court of an offense (including an offense under section 922 (x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense.
(B) A person other than a juvenile who knowingly violates section 922 (x)—
(i) shall be fined under this title, imprisoned not more than 1 year, or both; and
(ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be fined under this title, imprisoned not more than 10 years, or both.
(7) Whoever knowingly violates section 931 shall be fined under this title, imprisoned not more than 3 years, or both.
(b) Whoever, with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year, or with knowledge or reasonable cause to believe that an offense punishable by imprisonment for a term exceeding one year is to be committed therewith, ships, transports, or receives a firearm or any ammunition in interstate or foreign commerce shall be fined under this title, or imprisoned not more than ten years, or both.
(c)
(1)
(A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—
(i) be sentenced to a term of imprisonment of not less than 5 years;
(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and
(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.
(B) If the firearm possessed by a person convicted of a violation of this subsection—
(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or
(ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.
(C) In the case of a second or subsequent conviction under this subsection, the person shall—
(i) be sentenced to a term of imprisonment of not less than 25 years; and
(ii) if the firearm involved is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life.
(D) Notwithstanding any other provision of law—
(i) a court shall not place on probation any person convicted of a violation of this subsection; and
(ii) no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person, including any term of imprisonment imposed for the crime of violence or drug trafficking crime during which the firearm was used, carried, or possessed.
(2) For purposes of this subsection, the term “drug trafficking crime” means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46.
(3) For purposes of this subsection the term “crime of violence” means an offense that is a felony and—
(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
(B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(4) For purposes of this subsection, the term “brandish” means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.
(5) Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries armor piercing ammunition, or who, in furtherance of any such crime, possesses armor piercing ammunition, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime or conviction under this section—
(A) be sentenced to a term of imprisonment of not less than 15 years; and
(B) if death results from the use of such ammunition—
(i) if the killing is murder (as defined in section 1111), be punished by death or sentenced to a term of imprisonment for any term of years or for life; and
(ii) if the killing is manslaughter (as defined in section 1112), be punished as provided in section 1112.
(d)
(1) Any firearm or ammunition involved in or used in any knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) ofsection 922, or knowing importation or bringing into the United States or any possession thereof any firearm or ammunition in violation of section 922 (l), or knowing violation of section 924, or willful violation of any other provision of this chapter or any rule or regulation promulgated thereunder, or any violation of any other criminal law of the United States, or any firearm or ammunition intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter: Provided, That upon acquittal of the owner or possessor, or dismissal of the charges against him other than upon motion of the Government prior to trial, or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished firearms or ammunition shall be returned forthwith to the owner or possessor or to a person delegated by the owner or possessor unless the return of the firearms or ammunition would place the owner or possessor or his delegate in violation of law. Any action or proceeding for the forfeiture of firearms or ammunition shall be commenced within one hundred and twenty days of such seizure.
(2)
(A) In any action or proceeding for the return of firearms or ammunition seized under the provisions of this chapter, the court shall allow the prevailing party, other than the United States, a reasonable attorney’s fee, and the United States shall be liable therefor.
(B) In any other action or proceeding under the provisions of this chapter, the court, when it finds that such action was without foundation, or was initiated vexatiously, frivolously, or in bad faith, shall allow the prevailing party, other than the United States, a reasonable attorney’s fee, and the United States shall be liable therefor.
(C) Only those firearms or quantities of ammunition particularly named and individually identified as involved in or used in any violation of the provisions of this chapter or any rule or regulation issued thereunder, or any other criminal law of the United States or as intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure, forfeiture, and disposition.
(D) The United States shall be liable for attorneys’ fees under this paragraph only to the extent provided in advance by appropriation Acts.
(3) The offenses referred to in paragraphs (1) and (2)(C) of this subsection are—
(A) any crime of violence, as that term is defined in section 924 (c)(3) of this title;
(B) any offense punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.);
(C) any offense described in section 922 (a)(1), 922 (a)(3), 922 (a)(5), or 922 (b)(3) of this title, where the firearm or ammunition intended to be used in any such offense is involved in a pattern of activities which includes a violation of any offense described in section 922 (a)(1), 922 (a)(3), 922 (a)(5), or 922 (b)(3) of this title;
(D) any offense described in section 922 (d) of this title where the firearm or ammunition is intended to be used in such offense by the transferor of such firearm or ammunition;
(E) any offense described in section 922 (i), 922 (j), 922 (l), 922 (n), or 924 (b) of this title; and
(F) any offense which may be prosecuted in a court of the United States which involves the exportation of firearms or ammunition.
(e)
(1) In the case of a person who violates section 922 (g) of this title and has three previous convictions by any court referred to in section 922 (g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined under this title and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922 (g).
(2) As used in this subsection—
(A) the term “serious drug offense” means—
(i) an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46 for which a maximum term of imprisonment of ten years or more is prescribed by law; or
(ii) an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), for which a maximum term of imprisonment of ten years or more is prescribed by law;
(B) the term “violent felony” means any crime punishable by imprisonment for a term exceeding one year, or any act of juvenile delinquency involving the use or carrying of a firearm, knife, or destructive device that would be punishable by imprisonment for such term if committed by an adult, that—
(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or
(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another; and
(C) the term “conviction” includes a finding that a person has committed an act of juvenile delinquency involving a violent felony.
(f) In the case of a person who knowingly violates section 922 (p), such person shall be fined under this title, or imprisoned not more than 5 years, or both.
(g) Whoever, with the intent to engage in conduct which—
(1) constitutes an offense listed in section 1961 (1),
(2) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46,
(3) violates any State law relating to any controlled substance (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802 (6))), or
(4) constitutes a crime of violence (as defined in subsection (c)(3)),
travels from any State or foreign country into any other State and acquires, transfers, or attempts to acquire or transfer, a firearm in such other State in furtherance of such purpose, shall be imprisoned not more than 10 years, fined in accordance with this title, or both.
(h) Whoever knowingly transfers a firearm, knowing that such firearm will be used to commit a crime of violence (as defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection (c)(2)) shall be imprisoned not more than 10 years, fined in accordance with this title, or both.
(i)
(1) A person who knowingly violates section 922 (u) shall be fined under this title, imprisoned not more than 10 years, or both.
(2) Nothing contained in this subsection shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this subsection operate to the exclusion of State laws on the same subject matter, nor shall any provision of this subsection be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this subsection.
(j) A person who, in the course of a violation of subsection (c), causes the death of a person through the use of a firearm, shall—
(1) if the killing is a murder (as defined in section 1111), be punished by death or by imprisonment for any term of years or for life; and
(2) if the killing is manslaughter (as defined in section 1112), be punished as provided in that section.
(k) A person who, with intent to engage in or to promote conduct that—
(1) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
(2) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or
(3) constitutes a crime of violence (as defined in subsection (c)(3)),
smuggles or knowingly brings into the United States a firearm, or attempts to do so, shall be imprisoned not more than 10 years, fined under this title, or both.
(l) A person who steals any firearm which is moving as, or is a part of, or which has moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years, fined under this title, or both.
(m) A person who steals any firearm from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall be fined under this title, imprisoned not more than 10 years, or both.
(n) A person who, with the intent to engage in conduct that constitutes a violation of section 922 (a)(1)(A), travels from any State or foreign country into any other State and acquires, or attempts to acquire, a firearm in such other State in furtherance of such purpose shall be imprisoned for not more than 10 years.
(o) A person who conspires to commit an offense under subsection (c) shall be imprisoned for not more than 20 years, fined under this title, or both; and if the firearm is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, shall be imprisoned for any term of years or life.
(p) Penalties Relating To Secure Gun Storage or Safety Device.—
(1) In general.—
(A) Suspension or revocation of license; civil penalties.— With respect to each violation of section 922 (z)(1) by a licensed manufacturer, licensed importer, or licensed dealer, the Secretary may, after notice and opportunity for hearing—
(i) suspend for not more than 6 months, or revoke, the license issued to the licensee under this chapter that was used to conduct the firearms transfer; or
(ii) subject the licensee to a civil penalty in an amount equal to not more than $2,500.
(B) Review.— An action of the Secretary under this paragraph may be reviewed only as provided under section 923 (f).
(2) Administrative remedies.— The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) shall not preclude any administrative remedy that is otherwise available to the Secretary.

J-Dub
12-23-12, 22:26
I dont see the problem.....

Oh wait, I guess its because of what religion is involved. In the United States of America, it should not matter what religion it is.....a crime is a crime.


p.s. I dont care if he was or is currently a Marine.