Feds to prosecute gun charges from Montco

[JayS]

Do you agree or disagree with this being a federal crime with federal sentences and not a state one?



Carl Hessler Jr.
Mercury Staff Writer 07/07/2003
http://www.pottstownmercury.com/site/news.cfm?newsid=9350822&BRD=1674&PAG=461&dept_id=18041&rfi=6



NORRISTOWN -- A York County man accused of possessing a handgun, 23 rounds of ammunition and crack cocaine in Montgomery County is one of the first people charged with gun crimes in the county to be targeted for federal prosecution under a new federal justice program.

Ryan Green, 26, of West Chestnut Street in Hanover, recently was indicted on one count each of possession of more than five grams of crack cocaine and possession of a firearm by a convicted felon, according to federal court documents available Wednesday.

*SNIP*

Court documents said Green was found in possession of a .380-caliber semiautomatic handgun that was loaded with 23 rounds of ammunition in three magazines on Feb. 26, 2002, in Upper Moreland. The indictment also said Green possessed more than five grams of a mixture or substance containing detectable amounts of crack cocaine.

Court documents didn’t contain further details about the incident or the reasons Green was in Upper Moreland. But documents said Green was a felon who was not permitted to possess a firearm.

*SNIP*

For example, under Pennsylvania sentencing guidelines, a person who has three prior felony convictions faces an average sentence of two to three years in prison for possessing a firearm. But the same person under federal sentencing guidelines faces a mandatory minimum prison term of 15 years.

*SNIP*

[jody]

1. Interesting question. The anti-RKBA group claim they are for aggressive

enforcement of gun laws, whatever that means. If it means prosecution of every elgible violater of a gun law and appropriate maximum sentence, then Ryan Green should be tried in both state court and federal court. That same logic would apply if Green had only a trace of MJ.

On the other hand, if the anti-RKBA group supports "not prosecuting", Green, then they need to precisely define what they mean by aggressive enforcement of gun laws.

I'm for complete legalization of MJ, a thorough overhaul of other drug laws with a view toward leniency and decriminalization, and a restoration of voting and RKBA for ex-felons under reasonable guidelines for repeat offenders.

[Aaron]

2. I don't see why it would be a federal crime exactly

What's the reasoning behind having these laws at the federal level?

[jody]

3. Some in the anti-RKBA group want to create strict control and prohibition

of some firearms at the federal level. Current federal laws are a mixture of those which predate the Brady Bill and those of the Brady Bill.

They can be found at TITLE 18 > PART I > CHAPTER 44 > Sec. 922. - Unlawful acts

[Aaron]

5. Ty for the info Jody (n/t)

[Emoto]

4. I have no problem with federal prosecution

...because possession of a gun by a felon is (I think) a federal crime. Nor do I object to state prosecution. We need to make thje punishment for illegal gun possession very harsh, to act as a deterrant, or at least to get the violators locked up and off the street.

Those of you who think of me as a gun nut should make note of my position here.

[prez_sux]

6. thank goodness he didn't have evil high-capacity magazines

"....380-caliber semiautomatic handgun that was loaded with 23 rounds of ammunition in three magazines..."