This doesn’t make any sense

Does this make any sense to you? WRAL reports
Plus
Why would a person who allegedly shot two people with a “stolen 9mm sub-machine gun” not be charged with possession of a weapon of mass destruction? The News and Observer has his mugshot plus this description
So this guy is charged in the high court of public opinion of shooting two people with a “stolen sub-machinegun,” but in the actual, legal, courts is charged with
(a)        Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon.
(b)        Any person who assaults another person with a deadly weapon and inflicts serious injury shall be punished as a Class E felon.
(c)        Any person who assaults another person with a deadly weapon with intent to kill shall be punished as a Class E felon.
And
If any person shall possess any chattel, property, money, valuable security or other thing whatsoever, the stealing or taking whereof amounts to larceny or a felony, either at common law or by virtue of any statute made or hereafter to be made, such person knowing or having reasonable grounds to believe the same to have been feloniously stolen or taken, he shall be guilty of a Class H felony, and may be indicted and convicted, whether the felon stealing and taking such chattels, property, money, valuable security or other thing shall or shall not have been previously convicted, or shall or shall not be amenable to justice; and any such possessor may be dealt with, indicted, tried and punished in any county in which he shall have, or shall have had, any such property in his possession or in any county in which the thief may be tried, in the same manner as such possessor may be dealt with, indicted, tried and punished in the county where he actually possessed such chattel, money, security, or other thing; and such possessor shall be punished as one convicted of larceny.
But not charged with this
(c)        The term “weapon of mass death and destruction” includes:
 (3)        Any firearm capable of fully automatic fire, any shotgun with a barrel or barrels of less than 18 inches in length or an overall length of less than 26 inches, any rifle with a barrel or barrels of less than 16 inches in length or an overall length of less than 26 inches, any muffler or silencer for any firearm, whether or not such firearm is included within this definition. For the purposes of this section, rifle is defined as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; or
(d)       Any person who violates any provision of this section is guilty of a Class F felony.
Is WRAL making up the record?
Update: When I contacted the Web Editor, she replied
Arrest warrants state that Pineda was in possession of a 9mm Intratec DC9 9mm sub machine gun. We only got the warrants from Smithfield police. It’s possible there are state and/or federal charges pending.
Now a TEC-9 is a semi-auto pistol, albeit one which has a design that scares some people.
What it is not is a sub-machine gun. I’ll be contacting the Smithfield Police to ask them.

2 responses to “This doesn’t make any sense

  1. Who ever wrote this is a dumb ass. I am Eric Cruz Pineda! I was the one shot n they found guns n my car i have two gun shot wounds to prove it and a zipper down my stomach! I am glad yall are so worrid about what did and trying to blame me for somthing that i anit even guilty of!! I thought it was innocent untell proven guilty not guilty untell proven innocent. oh n the gun wasnt even mine or even n my possession. i allso never even had a gun or even shot one off. i was geting my ass wopped n someone eles shot me. i am also only 19 not 29. i am in college and dont have time for this mess. this mess really ruined me life. you dont have to belive me but you well see in the end.

  2. @Eric: A couple of things. I will assume that you are indeed the person the article referred to. If you wish to prove it, you may contact me via email.

    First, sorry for the delay in posting this comment. I have the blog set up to require my permission for a comment to be posted if the post is more than 2 weeks old.

    Second, I can only assume that you have a lawyer? Would your lawyer think that you should be making public statements before the trial? Or has this all been dropped?

    Third, This post wasn’t about you particularly. It was about the stupidity of most reporters. A Tec-9 is not a machine gun, unless someone does some serious and seriously illegal gunsmithing. The reporter claimed that the police said it was a machine gun. I am merely making the point that it can’t be a machine gun otherwise you would have been charged with state and federal violations of the various machine gun laws.

    Again, if you are still under charges, it’s best if you don’t make any public statements, even comments on a relatively obscure gun blog. If you are under charges, but you want to talk about it, have your lawyer email me with a statement. I’ll be happy to listen to listen.

    Be safe.