What you're REALLY trying to say is "you don't need a gun" and that's irrelevant. We have a RIGHT to keep and bear arms. There's no qualifiers in that. Whether you "need" a firearm or not is a silly childish argument. To keep and bear arms is a fucking RIGHT guaranteed in the Constitution. And it also forbids the government from INFRINGING on that right.
Each state has its own laws in that regard. I'm talking FEDERAL law. The FEDERAL statute is 5 years no parole, you must serve 85 percent of that. Make it 20 and make it mandatory to be charged federally.
If it's charged under federal statutes it's adjudicated in federal court. Doesn't matter who does the arrest. The AUSA for that district decides yea or nay. MY idea is, if it's felon in possession it HAS to be federal and you're lookin at 20 years in federal pen.The problem with federal law is that it's not applied equally and doesn't have to be applied at all. I'd bet most drug and gun arrests by feds are prosecuted in state courts.
If it's charged under federal statutes it's adjudicated in federal court. Doesn't matter who does the arrest. The AUSA for that district decides yea or nay. MY idea is, if it's felon in possession it HAS to be federal and you're lookin at 20 years in federal pen.
And that's what I'm saying needs changed, for felon in possession.My point is it doesn't HAVE to be federal
If they "go to state," federal laws don't apply and aren't used. States can't prosecute federal statutes.Most of these cases go state and that was an issue when I was still working.
And that's what I'm saying needs changed, for felon in possession.
If they "go to state," federal laws don't apply and aren't used. States can't prosecute federal statutes.
If the state charges you with felon in possession they prosecute you using their statute. This does not stop the AUSA from also charging you federally. If he does, the state usually drops their complaint but it's not required.
I know you're aware of all this, I'm explaining it for other readers.
Nobody's proposing that. There's nothing in what I've said that even suggests that. I'm saying that any arrest for FiP gets presented to the AUSA of that district. I want to change the federal FiP law by giving it a lot more teeth. No bargaining with it, no reduced sentence or dropped charge for cooperation. If the AUSA goes with it it's the whole truckload - 20 year minimum for conviction.You can't force fed prosecutors to take cases.
More times than not the state FiP laws are used to broker deals. "We'll drop that if you give us a bigger fish." It happens federally as well.Some states had 5 year mandatories for weapons offenses by prior felons or if a weapon was used during a felony but I don't know if that's the case any more.
Which is exactly what I said as well.What I'm saying is that federal level violators are often prosecuted in state court with state laws.
I said that too.I'm aware of how the system works.