Original post by lbakman — 2012-01-24 00:09:05 GMT
I've been watching the many comments of people with interest particularly those who advocate violating and/or ignoring the interstate transportation aspect of the newly enacted legislation.
As a federal criminal defense attorney I can assure you of the following: [Contrary to the opinions expressed in this forum and others]
1. The supremacy clause provides that Federal law will trump State law, hence there is no way for the states to legislate against the interstate transportation ban imposed by the Lacey act;
2. The United States Attorneys Office for the various districts within the country will have no problem in indicting individuals for wildlife smuggling in violation of the Lacey act;
3. United States District Courts will apply the United States Sentencing Guidelines for such violations and if deemed appropriate by the guidelines and or 18 U.S.C. 3553 [Booker] considerations will have no problem in imposing appropriate jail sentences;
4. The United States Bureau of Prisons will have no problem finding a cell for anyone convicted of and sentenced to custodial time for such a violation.
5. United States Fish and Wildlife clearly monitors and tracks individuals on this website and others;
Having handled many wildlife smuggling cases within the Central District of California, most recently the smuggling of lizards from Australia into the United States with the point of entry being Los Angeles, I can assure you that the Courts will hand out jail sentences for such violations. Think before you advocate and/or thoughtlessly publish in this forum or others the fact that you will not abide by the legislation and/or will surreptitiously transport banned animals across state lines.
Reply by kachunga — 2012-09-13 20:57:45 GMT
Whatever.
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1.0 Albino American alligator, "Smoke"
1.1 American alligator,"Al Bite Ya & Molly"
1.1 Purple Albino Reticulated Pythons, "Gumbo & Abita"
0.1 Eastern Gaboon Viper, "Gabbie" Recently passed away at 24 years old 
Help me find this snake!
Reply by HugoCJohnson — 2012-06-25 19:14:32 GMT
Sir, your reply post to the kind lawyer offering his advice is quite misguided. Please re-read his post. He is a criminal defense attorney. As an attorney myself in the state of WA, I can assure you that a criminal defense attorney is anything but a prosecutor. Lawyers do not attack laws we find unconstitutional without a client. So why don't you hire a constitutional attorney to represent you in getting this law overturned. It will not happen, though. Animal bans are a part of the political process and there are no federal nor state constitutional grounds in being able to keep Burmese Pythons. Whether or not you agree with the law is completely irrelevant to its force. Knowingly violating the Lacey Act is not civil disobedience; it is a felony. Please heed the advice of the attorney who originally posted this because he is trying to inform you of the consequences of the new law. I do not gather anywhere from his post that he supports the new law. If you want to see a change, then pump more money into a special interest group. That's what this will take - money.
Reply by kachunga — 2012-04-27 18:22:32 GMT
Why does this post piss me off so much?
As a criminal defense attorney shouldnt you be more interested in joining people in challenging reptile bans? Instead of taking a federal prosecutors point of view and threatening fines and imprisoning anyone who dares engage in civil disobedience to a absolutely stupid and immoral law? I'm not talking about importers who may try to skirt the law to make a few bucks. I'm talking about the average citizen who moves and decides to take his animal with him across a state line. You didnt differentiate between the two so I have to assume you were addressing both heinous felonies. I'm sooo sure federal prosecutors have nothing better to do then waste time and tax payer money on going after little fish.
You might be a nice guy, offering your legal expertise, but honestly you sound like a total A hole.
I can see it now.
inmate 1: I bilked people out of millions of dollars. what are you in for
inmate 2: I snuck a burmese python across state lines. I'm a bad mutha.
ROFLMAO. What a joke.
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1.0 Albino American alligator, "Smoke"
1.1 American alligator,"Al Bite Ya & Molly"
1.1 Purple Albino Reticulated Pythons, "Gumbo & Abita"
0.1 Eastern Gaboon Viper, "Gabbie" Recently passed away at 24 years old
Help me find this snake!
Reply by ernestplutko — 2012-04-15 00:56:33 GMT
It looks like it is better to kill your child or a a black man that to have a lizard. Goofy.
