Posted on Oct 8, 2015
A Legit Reason Why There Aren't More Illegal Possession Prosecutions?
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This comes from a conversation in another thread; many of us have asked why it is that we don't see more prosecutions for illegal possession. I have to caveat this by saying that I'm not a lawyer nor involved in the legal profession but I think I have a theory.
I'm presuming that most people who get hit with illegal possession weren't initially arrested for this. Rather, they were picked up on suspicion of some other crime. Possession is a slam dunk to prove in court; just produce the weapon and the accompanying paperwork covering the chain of custody from the arresting officer etc. and it's proven. Even better if you've got fingerprints, video of the gun in the suspect's possession, etc. But since I'm guessing that, as I said, this comes in company with other charges, I'm wondering if prosecutors don't dangle dropping the possession charge to get plea for the other crimes, which involve proving intent etc. Sound reasonable?
I'm presuming that most people who get hit with illegal possession weren't initially arrested for this. Rather, they were picked up on suspicion of some other crime. Possession is a slam dunk to prove in court; just produce the weapon and the accompanying paperwork covering the chain of custody from the arresting officer etc. and it's proven. Even better if you've got fingerprints, video of the gun in the suspect's possession, etc. But since I'm guessing that, as I said, this comes in company with other charges, I'm wondering if prosecutors don't dangle dropping the possession charge to get plea for the other crimes, which involve proving intent etc. Sound reasonable?
2nd Amendment
Gun Control
Firearms and Guns
Posted 9 y ago
Responses: 2
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The answer is simple. The ATF does not actively pursue cases. Local law enforcement has to bring the cases to the ATF and beg them to take them. I have had several Federal gun cases that I have presented for prosecution. To get the ATF and the Federal Prosecutor to take your case there has to be 3 things involved. The case has to be wrapped up in a bow all ready to go so the ATF has to do no work what so ever. It has to be rock solid case so the prosecutor can make a plea deal and keep his numbers up. There has to be forfeiture money. Everybody has a hand out when these cases go to trial.
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1LT Aaron Barr
That's disappointing but not really surprising. What's most aggravating is that an illegal possession case, by its nature, should be a slam-dunk. Were I President, I think one of my first Executive Orders would be to instruct every single DA to actively partner with all local law enforcement within their districts and vigorously prosecute illegal possessions.
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SGT William Howell
1LT Aaron Barr It would be what I would do too. I would go to every police department and ask that they turn over every gun charge that can be prosecuted federally and slam these guys.
Not sure if your aware, but when you do federal time you do the entire amount. There is no good time or parole. If you get 24 months you serve the full time.
Not sure if your aware, but when you do federal time you do the entire amount. There is no good time or parole. If you get 24 months you serve the full time.
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1LT Aaron Barr
This is just my opinion as I too have no legal expertise, but is it possible that if these people are facing other charges that those carry a harsher punishment than illegal possession?
This is just my opinion as I too have no legal expertise, but is it possible that if these people are facing other charges that those carry a harsher punishment than illegal possession?
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1LT Aaron Barr
Most of them would, at least I should think. On the other hand, the 1968 Gun Control Act has real teeth; simple possessions 5 years in Federal prison and convictions aren't subject to parole so when they say 5 years, they really mean 5 years.
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PO1 John Miller
1LT Aaron Barr - So it could also be that these people are reaching some type of plea agreement/bargain. I.e., pleading guilty in exchange for dropping the possession charges (as you already suggested).
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