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Law enforcement is more than just police departments, sheriff’s offices, and federal law enforcement officers. District attorneys and federal prosecutors are also part of the law enforcement process. Law enforcement officers make arrests, but prosecutors make the decision to take a case to court. Prosecutors may add, subtract charges, or decline to prosecute someone who has been arrested.
There has been a cry that we must do something to stop mass shootings. Do something, anything, regardless of whether or not it will work. Panic: Running around in circles, screaming and shouting are not going to mitigate a problem.
The recidivism rate for firearms offenders:
Firearms offenders recidivated at a higher rate than all other offenders. Over two-thirds (69.0%) of firearms offenders were rearrested for a new crime during the eight-year follow-up period compared to less than half of all other offenders (45.1%).
How many criminals that have possessed a firearm in the commission of a crime have been referred to federal prosecutors for prosecution for the following law? I don’t know.
From the NRA-ILA website:
Under federal law supported by the National Rifle Association, the use of a firearm in a violent or drug-trafficking crime is punishable by a mandatory prison sentence of up to 20 years. A second conviction, if the firearm is a machine gun or is equipped with a silencer, brings life imprisonment without release. Violating firearms laws should lead to very real punishment for violent criminals, but the laws first must be enforced.
Focusing on law-abiding gun owners is not going to stop mass shootings or any other crime committed while in possession of a firearm. Prosecutors that see criminals as a victim are a problem and they are a contributor to rising crime rates including gun crimes. Criminals have their own advocates; they are called defense attorneys.
Rights come with obligations. Law-abiding gun owners don’t step out onto their front lawn on the Fourth of July and empty a 17-round magazine into the night air.
There are many myths from the Left involving the purchase of firearms, gun shows, and ammunition. New firearms laws are working their way through the House and Senate. Let’s look at current federal firearms law from the NRA-ILA website:
Caution: Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include state or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.
The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:
• Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
• Fugitives from justice.
• Unlawful users of certain depressant, narcotic, or stimulant drugs.
• Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
• Illegal aliens.
• Citizens who have renounced their citizenship.
• Those persons dishonorably discharged from the Armed Forces.
• Persons less than 18 years of age for the purchase of a shotgun or rifle.
• Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
• Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
• Persons convicted in any court of a misdemeanor crime of domestic violence.
Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition. Under limited conditions, relief from disability may be obtained from the U.S. Secretary of the Treasury, or through a pardon, expungement, restoration of rights, or setting aside of a conviction.
Provided that federal law and the laws of both the dealer`s and purchaser`s states and localities are complied with:
• An individual 21 years of age or older may acquire a handgun from a dealer federally licensed to sell firearms in the individual`s state of residence
• An individual 18 years of age or older may purchase a rifle or shotgun from a federally licensed dealer in any state
It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a firearm unless the federal firearms licensee receives notice of approval from a prescribed source approving the transfer.
Sale of a firearm by a federally licensed dealer must be documented by a federal form 4473, which identifies and includes other information about the purchaser, and records the make, model, and serial number of the firearm. Sales to an individual of multiple handguns within a five-day period require dealer notification to the Federal Bureau of Alcohol, Tobacco and Firearms. Violations of dealer record keeping requirements are punishable by a penalty of up to $1000 and one year`s imprisonment.
As with firearms, shipments of ammunition must be accompanied by a written notice of the shipment`s contents. It is unlawful for any licensed importer, dealer, manufacturer or collector to transfer shotgun or rifle ammunition to anyone under the age of 18, or any handgun ammunition to anyone under the age of 21.
It is illegal to manufacture or sell armor-piercing handgun ammunition.
A law-abiding firearms owner needs to know both federal law and their state laws. State law changes usually occur on January 1.
Existing laws should be enforced. Existing laws and new laws will not prevent all shootings it might stop some. The only way to eliminate a crime is with the stroke of a pen. Declare that bank robbery is no longer a crime only means it will no longer be reported, or prosecuted, therefore it no longer exists. The act itself will be repeated on a regular basis.Published in