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<![CDATA[gun possession]]>

Chicago’s focus on gun possession raising questions

March 23, 2023 by Tom Knighton Leave a Comment

There’s been a lot said about the violence problem in Chicago.

We’ve talked about it. A lot of other people talk about it. It’s not exactly some secret that few know about.

For officials there, there’s not just a need to do something about it, there’s a need to be seen to do something about it. When you’re convinced that guns, in and of themselves, are the problem, guess where you focus?

That’s right, the guns.

Yet that’s raising some questions.

In Chicago, the race to get guns off the street often begins with a police stop.

Officers just need a pretext to search someone: A man in a white Ford Sedan blocking an alleyway. A bulge in a fanny pack at the beach. A man breathing heavily in a black Chevrolet Malibu as police approached. The smell of “fresh cannabis” wafting from an open window. Tinted windows. A missing license plate. Police reports show that the list goes on.

Authorities tout these arrests as an effective crime-fighting strategy. “Each gun recovered, regardless of how, is a potential life saved,” said former Chicago Police Superintendent David Brown in a press conference last year. It’s a common refrain repeated by officials from San Jose, California, to the small city of Utica, New York, as gun deaths rose across the country.

But in Chicago, a town labeled as “ChiRaq,” a “war zone,” and a “murder capital,” gun enforcement overwhelmingly focuses on possession crimes — not use.

A Marshall Project analysis found that from 2010 to 2022, the police made more than 38,000 arrests for illegal gun possession. These arrests — almost always a felony — doubled during this timeframe. While illegal possession is the most serious offense in most of the cases we analyzed, the charges often bear misleading names that imply violence, like “aggravated unlawful use of a weapon.”

Recent research shows that most people convicted in Illinois for felony gun possession don’t go on to commit a violent crime, and the majority of those sentenced to prison for gun possession don’t have past convictions for violence. Instead, people who already committed violent crimes are more likely to do so again.

Now, these people are, indeed, carrying a firearm illegally. That’s a bit of an issue, sure, but it’s one we need to explore deeper in and of itself.

The fact that these aren’t violent offenders, though, tells us a lot about how effective Chicago’s efforts actually have been.

Yet there are arguably bigger questions, as The Marshall Project notes.

The racial disparities in this enforcement are glaring. Although Black people comprise less than a third of the city’s population, they were more than 8 in 10 of those arrested for unlawful possession in the timeframe we reviewed. The number of Black people arrested could fill every seat at a Chicago Bulls game and then some; the majority are men in their 20s and 30s.

The consequences of these arrests are long-lasting. If convicted, people face a year or more in prison, depending on the charges. Even without time behind bars, those we interviewed faced damning criminal records, time on probation, job loss, legal fees and car impoundments.

Officials justify the focus on confiscating guns — even if they are not being fired at anybody — as a way of curtailing violence. But these tactics have not substantially reduced shootings in Chicago. In fact, as possession arrests skyrocketed, shootings increased, but the percentage of shooting victims where someone was arrested in their case declined.

That is a massive problem at just about every level.

Now, I’m not someone who believes that disparities in who gets punished are necessarily indicative of racism in the laws themselves–things are more complicated than that, after all–but a lot of people who support gun control do. By this metric, weapon possession laws like we see in Chicago qualify as being racist, even if not intentionally so.

Yet we also see that this enforcement hasn’t actually worked.

While cracking down on people carrying guns, ostensibly to reduce violent crime, shootings actually increased. If the laws in question, as well as the increases in the enforcement of those laws, didn’t reduce shootings, then it seems like the laws have failed spectacularly.

“But they were still carrying illegally,” someone will chime in, and yes, that’s true. What no one seems to be asking is why?

The lazy answer is that they’re carrying illegally because they’re criminals. It’s lazy because while that’s technically true, it doesn’t actually answer the question. It just looks sort of like it does.

The answer is really self-defense. We know because some of those carrying guns illegally told us. They’re no different than the rest of us. They want to protect themselves from a violent attack.

Some of them, though, aren’t convicted felons. At least, not to start with.

Illinois requires a 16-hour training class costing around $225 and a $150 application fee in order to get a concealed carry permit. That’s $375 on top of the cost of a FOID and the gun itself to own and possess a gun lawfully. That’s more than some (admittedly cheap) firearms cost.

In other words, the rules that are supposed to stop criminals are just creating more of them.

Chicago has problems, and their gun control laws are likely part of the issue. Since those laws, and the enforcement of those possession laws, aren’t doing the trick, it’s time to step back and reevaluate things.

Filed Under: <![CDATA[Chicago]]>, <![CDATA[Gun Control]]>, <![CDATA[gun possession]]>, <![CDATA[Gun Rights]]>, <![CDATA[Guns]]>, <![CDATA[Video]]>, Bearing Arms, News

New Orleans assistant district attorney decides to drop gun charges on a dozen plus cases

March 6, 2023 by John Petrolino Leave a Comment

It’s Mardi Gras season and things get a bit bucky in New Orleans this time of year. I remember my first eye-popping experience in the Big Easy back in 2001. It wasn’t all beads and – well you know what’s – however, the ship I was on did roll up the Mississippi just in time for the first parade of the season, with girls hurling necklaces to those of us maining the rails. New Orleans is a special city. It’s also one that has an incredible amount of crime. One recent flurry of non-prosecutions from an Assistant District Attorney in New Orleans has turned some heads and brought on the ire of several people who are unhappy with the decisions to not prosecute.

NEW ORLEANS (WVUE) – “I mean it was throw me something mister and she was throwing ‘get out of free’ cards 15 times to gun cases,” says Rafael Goyeneche.

The Metropolitan Crime Commission obtained and shared with FOX 8 the Magistrate Court transcripts of Orleans Assistant District Attorney Emily Maw refusing more than a dozen gun cases on Mardi Gras Day.

The cases involve people arrested for illegally carrying guns during the carnival season.

“These transcripts prove that she committed prosecutorial misconduct in my opinion. I don’t understand how she’s still employed because any prosecutor that did this should lose their job,” says Goyeneche.

Several of the parleys back and forth concerning the crime of possession of a firearm was relayed in the FOX8 piece. While there doesn’t seem to be any actual altruistic motives revealed through the transcripts or description of Assistant District Attorney Emily Maw, a very valid case for permitless carry can be made through her actions.

In looking at what cases were discussed, the one that probably threw the biggest flag on the play was the matter of possession of a machine gun.

When Keaton Manghave appeared before a Magistrate Judge, arrested for carrying a machine gun, Emily Maw in the transcript said, “A machine gun is a pretty serious weapon. I just want to make sure, Mr. Manghave is from Tennessee. Is that right?”

The defendant says, “Yes, Ma’am.”

Maw says, “Is he planning to go back to Tennessee?”

The Public Defender says, “yes”.

Maw says, “Okay. So as long as you’re okay going back without the machine gun, then we’ll refuse the charges.”

“So, this is an individual with a prior record that she is saying, as long as you surrender your weapon and go back to Tennessee, you get out of jail for free,” says Goyeneche.

“The machine gun guy could have gotten 10 years in federal court, and they let all of these guys go home,” says FOX 8 Legal Analyst Joe Raspanti.

“That’s a felony offense, a federal offense, and she refused charges and this guy is gone now,” says Goyeneche.

Who exactly is Assistant District Attorney Emily Maw? According to FOX8, she was hired to head the Civil Rights Division in the prosecutor’s office.

Williams hired Maw, the former director of Innocence Project New Orleans, to head the Civil Rights Division of his office two years ago. Maw is one of the most senior members of Williams’ staff.

It does appear that the District Attorney of Orleans got what they asked for and then some by appointing Maw to head the Civil Rights Division. What were the circumstances of all the arrests? One was described as being the result of a search through probable cause due to a visible “bulge.” The story of Maw brings up very important aspects of what kind of criminal justice reform the country really needs.

With the exception of New Orleans, and a few other areas, Louisiana is a fairly free state. The right to keep and bear arms is mostly respected, and even a bill passed last year that would have brought permitless carry to the state, if it were signed into law. 

What of these possession charges? Would a Mardi Gras parade fit the rubric of a time, place, and manner restriction, as described in NYSRPA v. Bruen? Or do we say “damn em’ all, possessing a firearm is not a crime unless a crime is being committed”? Maw would be looking after civil rights in that case.

The District Attorney did start to sing a tune that did not seem to be in full support for Maw. In a statement, Orleans DA Jason Williams said:

“Taking guns off the street through aggressive enforcement and prosecution under existing gun laws is a top priority of our office. Prior to Mardi Gras, the DA met with our law enforcement partners at LSP and NOPD to reaffirm our joint support for this work.

The DA’s Office is committed to a thorough screening process for each charge delivered from law enforcement, the Assistant DA assigned to the initial review of these cases during first appearances deviated from our standard practice. We communicated this to our law enforcement partners and reaffirmed our shared commitment to the importance of prosecuting gun crimes to abate violence in our streets.

The Assistant DA’s strategic decision to refuse these misdemeanors in exchange for forfeiture of the weapons at first appearance was improper and does not represent our office policy or procedure. DA Williams has ordered an extensive internal review of each matter brought before magistrate court on this date, as well as appropriate remedial measures to prevent similar unauthorized activity in the future. This instance will otherwise be handled as an internal personnel matter.

A lot has changed in the 20+ years since my first visit to New Orleans. What I can say about it in comparison from then and now, I don’t think it’s as safe. The city saw a lot happen in the two decades, and where I might have been comfortable in the past walking around at night, I certainly would not be doing so now. The crime in the city is off the charts, and in many ways turning into one of the deadliest in the country. 

As we all know, we can’t blame this spike in crime on the possession or presence of firearms. We know that firearms are a deterrent to crime and lawful self-defense saves lives. DA Williams is wrong though to project that the “prosecuting gun crimes to abate violence” as an effective strategy. The situation revolving around “gun crime” would give credence to whether or not any crime was or would be committed.

What’s the city and District Attorney going to do with Maw? Hard telling. The move does not seem to be right out of a progressive play book, per se, but this non-prosecution of specifically gun infractions of the law would not play into the hand of the radical left. Something’s not completely adding up with the traditional anarchy one would expect from an individual refusing to prosecute crime. District attornies across the country need to take a look at the “gun crimes” they’re being presented with, and consider what simple possession of a firearm means in a post NYSRPA v. Bruen U.S. It might very well mean confiscating the machine gun and then cutting the accused free.

Filed Under: <![CDATA[Gun Control]]>, <![CDATA[gun possession]]>, <![CDATA[Mardi Gras]]>, <![CDATA[New Orleans]]>, <![CDATA[Video]]>, Bearing Arms, News

New Jersey gun laws snare WWE star Sonya Deville

March 2, 2023 by Cam Edwards Leave a Comment

I’m not aware of any other constitutionally-protected right that ends at the border of the state where you live, but when it comes to the right to keep and bear arms that’s unfortunately where things currently stand in the courts. As a resident of Virginia with a valid concealed carry license, for instance, I can bear arms the neighboring states of West Virginia, North Carolina, and Tennessee, but my 2A rights disappear if I want to lawfully carry in Maryland since the state doesn’t recognize Virginia permits.

New Jersey is similar to Maryland in its refusal to recognize carry licenses from other states, and attorneys like Evan Nappen have plenty of work defending legal gun owners who made the mistake of thinking their Second Amendment rights cross state lines or even accidentally brought their legally-owned firearm into the Garden State. One of the latest to be charged with the “crime” of possessing a firearm in the state without a license is WWE star Sonya Deville, who was arrested last month in Atlantic City. As TMZ reports:

According to court docs, the incident happened on Feb. 19 in Atlantic City … when our sources tell us a valet discovered the weapon in her car’s glove box and called cops.

Police arrived on scene and arrested Deville — real name Daria Berenato — a short time later … and court records show she’s since been charged with one count of unlawful weapon possession — handgun without permit.

Sources close to the wrestler tell us … Deville got the weapon for personal protection after a 24-year-old man allegedly attempted to kidnap her during a terrifying home break-in in Florida back in 2020.

We’re told the gun is registered in Florida — but not New Jersey.

Florida doesn’t have a gun registration law, so whoever told TMZ that Deville’s firearm was registered in that state is incorrect, though it sounds like Deville did lawfully possess the firearm, at least while she was in her home state. Because she brought the gun with her to New Jersey, however Deville is now facing the potential of three to five years in prison for illegally possessing a firearm.

I’d love to see Deville and her attorneys mount a Second Amendment-related challenge to the charges, but honestly I’d be surprised if this case makes it to trial. Deville is a pretty sympathetic defendant given her previous run-in with a violent stalker and prosecutors may not want to make her the poster child for the state’s draconian gun control laws, so a plea deal (or at least an offer) is probably forthcoming.

Even if Deville manages to avoid a conviction and a potential prison sentence, the underlying issue is still out there and unaddressed. If the Second Amendment isn’t a second-class right as the Supreme Court has said, then why is it the only right that stops at the borders of your home state? Sonya Deville didn’t lose her freedom of speech when she entered New Jersey. Her Fourth Amendment protections against unreasonable searches and seizures didn’t vanish when she crossed the state line. So why should her right to keep and bear arms be negated because she left Florida and traveled to New Jersey?

Deville’s case may not be the vehicle to take this issue to the Supreme Court, but I guess that’s up to her and her legal counsel. Sooner or later though, SCOTUS is going to have to address this untenable status quo, and the quicker the better. The right to keep and bear arms is a right of the people, and one that simply can’t disappear when you venture beyond the borders of the state where you live.

Filed Under: <![CDATA[Evan Nappen]]>, <![CDATA[Gun Control]]>, <![CDATA[gun possession]]>, <![CDATA[new jersey]]>, <![CDATA[Sonya Deville]]>, <![CDATA[Video]]>, Bearing Arms, News

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