Just... Wow

Per Instapundit and Boston.com, the Massachusetts Supreme Judicial Court (?) says that "illegal gun possession is a victimless crime."

SJC calls illegal gun possession victimless
Owners can't be held without bail
By John R. Ellement,
Globe Staff | May 5, 2009

The Supreme Judicial Court yesterday ruled that illegal gun possession is a "passive and victimless crime" and that those charged with having illicit firearms cannot be held without bail as a danger to society.

In a 4-to-1 ruling, the state's highest court rejected the law enforcement strategy of Bristol District Attorney C. Samuel Sutter to cut down on gun violence by seeking pretrial detention for every person charged with illegal gun possession in his jurisdiction, which includes New Bedford.

...

"While we are cognizant that unlicensed possessors of firearms may use firearms unlawfully, unlicensed possession of a firearm itself is a regulatory crime," Spina wrote. "It is passive and victimless."

Spina added: "That a person possesses a firearm without a valid license does not itself pose a substantial risk that physical force against another may result. Rather, it is the unlawful use of a firearm that involves a substantial risk that physical force against another may result."

Okay, so now I'm trying to remember my lessons from my law classes mumblety years ago about malum in se--that is, evil in themselves, like murder--and malum prohibitada, evil becaus ethey are prohibited, like saying bad things about Obama smoking in public....