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Reply #22: if the dog hadn't stopped ... [View All]

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Home » Discuss » Topic Forums » Guns Donate to DU
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-27-08 08:41 AM
Response to Reply #20
22. if the dog hadn't stopped ...

if this law is intended to target straw purchasers (criminal behavior), but also punishes those who did not straw purchase then its not a very good law.

You'll be wanting that in the conditional:

if this law WERE intended to target straw purchasers (criminal behavior), but also PUNISHED those who did not straw purchase then it WOULD NOT BE a very good law.

Since there is no evidence that it would also punish anyone other than someone who knowingly did what it prohibits, there's nothing to support your premise and your statement is pointless.

Law of the criminal variety ordinarily requires INTENT, and intent requires KNOWLEDGE. Sometimes negligence is sufficient for the "guilty mind" (mens rea) aspect of a criminal law. Instances where the act alone (actus reus) is sufficient to found a finding of guilt, and no defence of ignorance of fact is available, are rare to the point that you would be hard pressed to think of an example, I am sure.

Why you or anyone else would imagine or suggest or state that this would be one of those instances, well, who knows?



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