MEDIUM RARE by Jim Rarey

July 19, 2000

NRA NEEDS TO LOOK FURTHER PAST FEDS

In the acrimonious debate between the National Rifle Association (NRA) and federal law enforcement officials over gun control, both sides may be missing a key component in the problem.

The NRA argues that the low prosecution rate by federal officials of gun violations supports their contention that there are enough laws on the books. Strict enforcement of existing laws, they say, would go a long way toward reducing the incidence of violent crimes involving guns. Federal officials counter their low prosecution statistics with the claim that most gun violations are prosecuted under state laws.

There is some truth to both claims.

Crime statistics clearly show that there are substantially more arrests, prosecutions, and convictions of gun violations under state laws than are prosecuted under federal jurisdiction. However, that is not the complete story. The missing component is the sentencing of those convicted under state laws.

Detroit News reporters George Hunter and David G. Grant revealed some shocking statistics in a background piece on the murder of a young off-duty female police officer in Detroit last week. The alleged cop killer was on probation (with no jail time) for a conviction last September of possession of four illegal weapons.

The reporting duo went on to reveal that of the 438 murder convictions obtained in Detroit in 1997 and 1998 (the last years for which statistics were available), 114 or 26% had one or more weapons violations convictions for which no jail time had been served.

The killer of another police officer in 1998 had a prior weapons conviction. His co-defendant (still awaiting trial) has four such convictions on his record. Neither had served one day in jail for those crimes.

Under Michigan law most weapons violations are felonies, which carry a penalty of five years in jail and/or a $2,500 fine (plus court costs). The News article quotes Detroit law enforcement officials as saying jail and prison overcrowding means few illegal firearms offenders in Detroit spend time behind bars.

It is rare that Detroit judges mete out both jail time and a fine for weapons violations. Evidently most penalties consist of fines and/or probation. However, there is a perverse incentive for Michigan judges to favor fines over jail time. A portion of monetary assessments goes into the state judicial (judges’) pension fund.

So who is right? Do we need more federal gun laws or should we build more state prisons? In this writer’s opinion, we should first take a look at our priorities as to the kind of criminals we incarcerate, especially repeat offenders.

Permission is granted to reproduce this article in its entirety.

The author is a free lance writer based in Romulus, Michigan. He is a former newspaper editor and investigative reporter, a retired customs administrator and accountant, and a student of history and the U.S. Constitution.

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