Halyna Hutchins Shot With Prop Gun - Alec Baldwin indicted & Hannah Gutierrez-Reed charged, 2021 #7

It is up to federal authorities to enforce it. She could move to Montana, get whatever state court to decide she can possess a gun. But if she possessed a gun, federal authorities could arrest her and charge with possession by a prohibited person. That is 10 years in prison.

Yes. Another conundrum of "state" and "federal" laws. Marijuana is still illegal as a federal law. Yet, openly legal in many states. I doubt anyone will be arrested by federal officers for smoking pot.
 
It is up to federal authorities to enforce it. She could move to Montana, get whatever state court to decide she can possess a gun. But if she possessed a gun, federal authorities could arrest her and charge with possession by a prohibited person. That is 10 years in prison.
Don't forget, the background check for a gun purchase happens at the Federal level, the ATF owns this IIRC. So no matter where she is, if she tries to buy a gun she's likely not going to pass the Fed background check.

Possession is another issue altogether.

My guess is that her days of handling guns is long over.
 
I’m just now catching up…

I’m glad the judge sentenced her to the maximum but it hardly seems fair that the max is only 18 months and a woman is dead because of her and a little boy will grow up without his mother because of her. I live in Arkansas where we call involuntary manslaughter negligent homicide and when it is deemed a felony it is a class b felony and it is punishable for 5 to 20 years which seems a bit more appropriate. I realize that there were other factors and other people involved - but as the judge said, she was the one - the only one - that allowed a live round to be on that set and in that gun and if she hadn’t, HH would be alive today even if everyone else involved did absolutely everything the same way they did that day HH would still be alive if a live round had never been in that gun in the first place. And yet according to what has been said about her jailhouse calls, she still does not get that. When it was revealed that she said on one of those calls that she didn’t need to shake every round, any thought I ever had about thinking perhaps she should get a break on sentencing went out the window. And I found myself quite angry that in NM the max is 18 months.
 
Don't forget, the background check for a gun purchase happens at the Federal level, the ATF owns this IIRC. So no matter where she is, if she tries to buy a gun she's likely not going to pass the Fed background check.

Possession is another issue altogether.

My guess is that her days of handling guns is long over.
There are many ways to buy guns illegally, unfortunately. Whether using a “straw buyer” or visiting a gun show or purchasing from another person, it’s easy to circumvent gun laws.
 
There are many ways to buy guns illegally, unfortunately. Whether using a “straw buyer” or visiting a gun show or purchasing from another person, it’s easy to circumvent gun laws.
Agreed and without a doubt she will not stay away from guns whether she purchases more or not as she even said on the jailhouse phone calls already that her BF could just put them in a safe and tell authorities she doesn’t have the combination - not that he shouldn’t give it to her but that he should say she doesn’t have it - ugh…but at least she cannot be hired as an armor bearer on another set
 
Agreed and without a doubt she will not stay away from guns whether she purchases more or not as she even said on the jailhouse phone calls already that her BF could just put them in a safe and tell authorities she doesn’t have the combination - not that he shouldn’t give it to her but that he should say she doesn’t have it - ugh…but at least she cannot be hired as an armor bearer on another set
It sounds as though she's going to be a danger to anyone she gets together with in future because I suspect that she's going to get them to do illegal things with guns on her behalf. Someone is going to get a criminal record because of her.
 
One for the lawyers on here; the Federal law which prohibits felons from possessing firearms, does that include any "possession" in every form?

I know she can't buy or own guns herself but what about if she goes to a shooting range and uses their guns on payment of a rental/hire fee? What if she's at, say, a friends ranch or private range and uses their guns? Do those examples count as "possession" for the purposes of the Act?
 
Agreed and without a doubt she will not stay away from guns whether she purchases more or not as she even said on the jailhouse phone calls already that her BF could just put them in a safe and tell authorities she doesn’t have the combination - not that he shouldn’t give it to her but that he should say she doesn’t have it - ugh…but at least she cannot be hired as an armor bearer on another set
Was that her boyfriend in the courtroom sitting behind her who kept chewing on his fingers the entire trial and causing a distraction?
 
One for the lawyers on here; the Federal law which prohibits felons from possessing firearms, does that include any "possession" in every form?

I know she can't buy or own guns herself but what about if she goes to a shooting range and uses their guns on payment of a rental/hire fee? What if she's at, say, a friends ranch or private range and uses their guns? Do those examples count as "possession" for the purposes of the Act?
Yes that would be prohibited. She is prohibited from handling a fire arm, owning one, or even living in a residence where she has access to firearms. So she would not allowed to go to a gun range and shoot someone else's gun.
 
I stll think she should have gotten worse but... I'm sorry for the flash of anger and vengeance but a person i cared about a lot at my old high school had to come home from school to find her Mum's body -- murdered by her defacto partner. That man and his sleazeball lawyer effectively put her Mum on trial in the courtroom.
 
Yes that would be prohibited. She is prohibited from handling a fire arm, owning one, or even living in a residence where she has access to firearms. So she would not allowed to go to a gun range and shoot someone else's gun.
Thanks. That's pretty much the same for a prohibited person here. Although here if you're prohibited it also applies to unlicensed airguns (ones producing a muzzle energy of less than 12 ft/lbs), antiques which are exempt from licensing and even deactivated guns.

Another related one; how does her felonious prohibition apply to muzzle-loading guns - am I right in thinking that they are not considered firearms under Federal law - or guns designated as antiques (which I think means made before 1899)?
 
Thanks. That's pretty much the same for a prohibited person here. Although here if you're prohibited it also applies to unlicensed airguns (ones producing a muzzle energy of less than 12 ft/lbs), antiques which are exempt from licensing and even deactivated guns.

Another related one; how does her felonious prohibition apply to muzzle-loading guns - am I right in thinking that they are not considered firearms under Federal law - or guns designated as antiques (which I think means made before 1899)?
Under federal law, muzzleloaders are considered antique guns and excepted from the definition of "firearm" prohibited to felons. So she could have a muzzleloader, at least under federal law. I'm not sure if some states restrict that or not.
 
The Santa Fe District Attorney has appointed Erlinda Johnson as special prosecutor in the Alec Baldwin case.


I thought the Santa Fe DA had handed this case over to the appointed special prosecutors. But she is still calling the shots and hiring additional staff? I am perplexed by this procedurally.
 
I thought the Santa Fe DA had handed this case over to the appointed special prosecutors. But she is still calling the shots and hiring additional staff? I am perplexed by this procedurally.

According to this article, Johnson will be replacing Jason Lewis.


Morrissey, who did not respond to questions Thursday, clarified Friday that Johnson essentially will replace Lewis on the case.

"Ms. Johnson has joined the team because Mr. Lewis has other professional responsibilities with another client for the next two months and cannot dedicate the appropriate amount of time to the case against Mr. Baldwin," Morrissey wrote in an email.


It seems like Morrissey is still calling the shots, but maybe only the DA's office can officially make the appointment?


Edit - I have to say that I'm more than a little suspicious of the claimed reason that Lewis is leaving. What attorney would abandon such a high-profile gig, especially at this relatively late date? Perhaps there's some trouble in the relationship between Morrissey and Lewis?
 
According to this article, Johnson will be replacing Jason Lewis.


Morrissey, who did not respond to questions Thursday, clarified Friday that Johnson essentially will replace Lewis on the case.

"Ms. Johnson has joined the team because Mr. Lewis has other professional responsibilities with another client for the next two months and cannot dedicate the appropriate amount of time to the case against Mr. Baldwin," Morrissey wrote in an email.


It seems like Morrissey is still calling the shots, but maybe only the DA's office can officially make the appointment?


Edit - I have to say that I'm more than a little suspicious of the claimed reason that Lewis is leaving. What attorney would abandon such a high-profile gig, especially at this relatively late date? Perhaps there's some trouble in the relationship between Morrissey and Lewis?
BBM. Good point. One reason could be Lewis didn't think the case against Baldwin is "winnable."

JMO
 
I think it highly likely that Lewis left because he didn't agree with Morrisey's withdrawal of the misdemeanor plea deal offered to AB.

JMO

Alec Baldwin’s lawyers alleged a “stunning abuse of prosecutorial power” in the “Rust” case on Tuesday, arguing that a favorable plea offer was withdrawn last fall due to a misunderstanding about Baldwin’s role in a documentary about the case.
 
After reading what Baldwin actually did in the context of the plea offer, I don't think that his defense attorney's spin on it has any legs. And I think their ongoing attempts to PR back into a plea is an indication that AB's people think he is in big trouble with this trial.

As for Lewis, I would wager he left because he felt higher obligations to a certain client, and wanted to spend the time necessary to keep that client happy. He has a living to make. Some clients are really important to that reality. Working for the state isn't the ultimate prize, and if the state didn't like that and didn't want to share his time, it's time to part ways. So they did. I think it's as simple as it sounds, because that's how life works for an attorney.
 

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