Enforcement and/or Utilization of Current Tools for Gun Control

[lamarw]

I have often read on this Forum and in other places that the US does not enforce current laws or procedures available to us. Yet, many sectors of our society are immediately ready to jump to put in place new laws and restrictions.

I recommend we all read the NY Times article "Gaps in F.B.I. Data Undercut Background Checks for Guns". It is obvious, many States (some who are the most restrictive States; i.e., New Jersey) are not supporting the current back ground checks procedure currently provided by the FBI.

I hope this link will take you to the article:

http://nyti.ms/ULdCe6

[KMAX]

To "jump into action" and pass a new law that will "fix" everything is much more dramatic than enforcing existing laws and will get you in the spotlight faster and that is what politics is about, theatrics.

[Fishing_Cabin]

Originally Posted by lamarw

I have often read on this Forum and in other places that the US does not enforce current laws or procedures available to us. Yet, many sectors of our society are immediately ready to jump to put in place new laws and restrictions.

The decrease in prosecutions were brought up in the NRA news conference thats taking place currently. Its a good point to bring up.

[TXAZ]

Part of the root problem is that parts of society believes that new laws are required when things go bad, be it 'unfair' tax rates, jaywalking prevention, or addressing mental health issues with gun statutes.

There are enough laws on the books in most every jurisdiction, IF ENFORCED, to remediate most any action. Why more laws are needed is likely an exercise in mass psyche analysis.

And, if you frequent representatives' town hall meetings, a very frequent question is "what laws did you make", as if more laws are always better

[BarryLee]

Many in our society find it easier to pass laws that impact a faceless group then to punish a specific individual. We see it all the time when many call for more gun laws, but then several of those same characters protest when a specific individual is punished.

Also, I think many in our judicial system would prefer to plea-bargain a case down by dropping gun charges in exchange for a guilty plea. This serves to assure a conviction and reduce the caseload in an already overloaded court.

[shortwave]

The decrease in prosecutions were brought up in the NRA news conference thats taking place currently. Its a good point to bring up.

Nothing new here.

Not trying to sound snippy but this same point(decrease in prosecutions) has been screamed for years by pro as well as anti-gun orgs. and will continue to be screamed for years to come.

Of course IMO, the motive for both sides screaming the same thing is different.
The anti's don't want guns allowed period whereas the pro-gun people have been screaming cause we could see the handwriting on the wall.

Just one example of how laws have been and are enforced 'differently' or 'decreased in prosecution': (note, I will not name names nor specific places involved for obvious reasons)...

...we have counties in some Southern states in which illegal immigrants are treated differently when stopped in a car for a traffic infraction versus if the person/persons stopped were a citizen.
If an LEO of one of these counties pulls over a car load of illegal immigrants for an infraction and finds out the operator has no license, no insurance and a gun under the front seat, order of business is to write a warning citation for no ops., confiscate the gun and send them on their way.
Why?
Cause that has been the directive given to the LEO by the Sheriff or Chief of Police in that jurisdiction due to budget constraints.

Taking into consideration the amount of time that officer would have invested in one minor traffic stop if he/she were to call and wait on Immigration, all the paperwork, and God forbid have to aid in processing minor children(a separate dept. within the Immigration Dept.) that may be in the car...the officer's total shift may be consumed in one minor stop.

This procedure is just one small example and is not ordinarily publicized. But happens regularly in counties with a high populace of illegal immigrants.

Plea bargaining is another area.

Local cops bust a drug house and in the process confiscate guns. The gun charges are often used as a huge bargaining chip trying to get more info. on who the drug dealers supplier is. There's a recent incident here in Ohio in which a felon's house was raided by local LE for dealing drugs. Drugs and 7 guns were confiscated. Felon drug dealer arrested.

Long story short, as it stands right now, after about 1 1/2 mos. behind bars, a lot of questioning of the drug dealer which resulted in 15 more arrests, the dealer has posted bond, is out on the street awaiting court on drug charges.

No gun charges mentioned.

It's a very naive person to think the additional gun charges and the mandatory time this POS was facing wasn't used against him during his interrogation.

Again, whether anti or pro-gun people feel this kind of plea bargaining is right or wrong, really doesn't matter cause it's done everyday and will continue no matter what new gun laws are made.

[deadcoyote]

The above poster is fairly spot on. I arrest armed folks on probation and parole constantly, the gun charge carries up to 4 years in prison, but the DA just uses it as a bargaining chip of if they'll take 8 months on a dope possession they'll drop the gun.

[shortwave]

The above poster is fairly spot on. I arrest armed folks on probation and parole constantly, the gun charge carries up to 4 years in prison, but the DA just uses it as a bargaining chip of if they'll take 8 months on a dope possession they'll drop the gun.
Today 12:54 PM

And this reeeaally gets old fast to an LEO. Makes him/her feel like they are out on the street risking their lives for nothing.

[Newton24b]

well dont we all know that if criminals are only off the street for 4 months a year in jail, and only need 3 weeks to re offend. that that means that the legal system will be able to have 3 court cases against that person per year? seriously, if you make 100 dollars an hour as a lawyer trying a case, and a typical court case will mean you get paid for 90 hours of work, that if you can get 3 per year for a single offender that youll get much more pay off that person then if they did a 20 year stint


the math,

1 case = 9,000 pay day
3 cases a year per person, on 4 month jail term = 20,000
1 case 20 year term = 9,000

then imagine that the criminal goes through the door for 10 years before getting killed, thats like 100,000 off ONE career criminal per lawyer. and each side, da and public defender... it adds up