A Gun Control measure most should be able to agree with

[Row6]

Besides for uniform background checks we should institute minimum federal sentencing guidelines for those felons caught in possession of a gun. A federal prosecutor I know tells me that none now exist, though they do for possession of certain drugs. The result for prosecutors bringing a case is that defendants often walk with little or no time, unless they can ring them up on the drugs, or something other than gun possession. Anyone have a problem with that idea.

[g8orbill]

Section 775.087 of the Florida statutes provides minimum mandatory sentences for certain felonies or attempted felonies involving firearms. Called the "10-20-LIFE" law, the mandated sentence for possessing a firearm during the commission of a felony is 10 years, discharging the firearm results in a 20-year sentence, and killing a victim results in a life sentence.

Read more: In Florida, What Happens If You Use a Gun As Part of a Crime? | eHow.com http://www.ehow.com/facts_6902988_fl...#ixzz2JmYzMHNx

[Row6]

Originally Posted by g8orbill

Section 775.087 of the Florida statutes provides minimum mandatory sentences for certain felonies or attempted felonies involving firearms. Called the "10-20-LIFE" law, the mandated sentence for possessing a firearm during the commission of a felony is 10 years, discharging the firearm results in a 20-year sentence, and killing a victim results in a life sentence.

Read more: In Florida, What Happens If You Use a Gun As Part of a Crime? | eHow.com http://www.ehow.com/facts_6902988_fl...#ixzz2JmYzMHNx

Thanks for the info bill but that is not the case for federal law, which is what the congress is considering acting on.

[Minister_of_Information]

Please explain Federal jurisdiction for such a law.

[Row6]

Not a lawyer, and my conversation was informal, but with a federal prosecutor who works on street gangs and crime in one of our nations larger cities, and works very closely with local police. The focus of his work is on getting criminals off the street, many of whom are felons, and his experience is hands on, from developing cases with local police - as well as FBI and ATF - to trying the cases in court.

P.S. It is a federal crime for felons to possess a gun, however, and unlike many other federal crimes, there is presently no minimal sentencing guidelines. though there is a maximum.

[Minister_of_Information]

I don't think a felon in possession of a firearm is a Federal matter, unless they are already under Federal supervision or are otherwise committing a Federal crime. If that is what you mean then I think that already exists, as possession of a firearm is already an aggravating factor for most state and Federal sentencing. As far as a crime of its accord, though, that seems like a state matter. Please bear in mind that the Federal system is not very cost effective in terms of warehousing millions. Most of that heavy lifting is done by the states.

[Tasselhoff]

I would be fine with making 10-20 life a federal law. I also would be fine if a law was passed that allowed tougher prosecution for ANY fellow caught with a gun....ever. Whether theyused it or not. If it is in their home their car ect...
The same could be inacted for illegal aliens caught with a firearm.

[Row6]

I clarified with a P.S. in my post above. This is what this person does 6 days a week and I have no doubt about his correctness on the issue. He asked his US Attorney to press the issue with the Biden task force in which she took part.

[Minister_of_Information]

There you go, although I still don't understand their jurisdiction. Perhaps someone can explain the theory of it.

[Row6]

Originally Posted by Minister_of_Information

I don't think a felon in possession of a firearm is a Federal matter, unless they are already under Federal supervision or are otherwise committing a Federal crime. If that is what you mean then I think that already exists, as possession of a firearm is already an aggravating factor for most state and Federal sentencing. As far as a crime of its accord, though, that seems like a state matter. Please bear in mind that the Federal system is not very cost effective in terms of warehousing millions. Most of that heavy lifting is done by the states.

Through RICO prosecution, the feds can be very effective against gangs, and indeed this person won a case which wiped out the leadership of one of the cities most lethal, with a resultant impact on local violence. Additionally, partnering with local police has resulted in a successful sting operation on gun trafficing. Keep in mind, that except for this lack of minimum sentencing for felons caught possessing a gun, federal sentencing is more rigid and tougher than most state sentencing. if you are convicted, you will not get out anytime soon.

[wargunfan]

There are felons and there are violent felons. I don't want to deny someone who has done their time for a white collar crime the ability to defend themselves in their home. I would not want them to have carry permits however. JMO I would not be opposed to the attorneys general of the fifty states proposing standardized legislation built around 10-20-life.

[Minister_of_Information]

Or, we could just end the drug war and legalize drugs.

[wargunfan]

Originally Posted by Minister_of_Information

Or, we could just end the drug war and legalize drugs.

Its coming. At least for weed.

[Row6]

Originally Posted by Minister_of_Information

Or, we could just end the drug war and legalize drugs.

Perhaps a good idea, but according to my source, that is often their best tool for getting criminals in jail, since felony gun possession does not have minimum sentencing, and most drug possession does. That makes no sense of course.

[LittleBlueLW]

How about electing judges that are tougher on gun crime rather than being dependent on prior sentencing guidelines?

[Row6]

Originally Posted by LittleBlueLW

How about electing judges that are tougher on gun crime rather than being dependent on prior sentencing guidelines?

Of course, but how do you guarantee that? You can't. What is wrong with minimal sentencing - usually the rule in federal courts - aimed at the people who perform most of our violent crimes?

[LittleBlueLW]

Well minimum sentencing would make the judges job real easy!

I dont have a real issue with minimums, but i think it should be up to the states.

[Minister_of_Information]

Originally Posted by Row6

Perhaps a good idea, but according to my source, that is often their best tool for getting criminals in jail, since felony gun possession does not have minimum sentencing, and most drug possession does. That makes no sense of course.

By definition there would be fewer criminals needing to be imprisoned if drugs were legalized, and also presumably much less occasion for criminal violence involving guns.

[Row6]

Originally Posted by LittleBlueLW

Well minimum sentencing would make the judges job real easy!

I dont have a real issue with minimums, but i think it should be up to the states.

The discussion is about federal law and courts. It is possible to reasonably oppose the concept of minimum sentencing, but that ship has sailed. Trying to keep this particularly critical pressure point for keeping violent criminals off the streets free of this otherwise ubiquitous practice doesn't make much sense.

[LittleBlueLW]

Originally Posted by Row6

The discussion is about federal law and courts. It is possible to reasonably oppose the concept of minimum sentencing, but that ship has sailed. Trying to keep this particularly critical pressure point for keeping violent criminals off the streets free of this otherwise ubiquitous practice doesn't make much sense.

Ok. But i agree with the concept.
You and your source want it at the federal level. I tend to think it belongs at the state level.