Top prosecutor pushes for stiff gun laws
Baltimore State's Attorney Patricia C. Jessamy is pushing to stiffen gun laws to prohibit convicted felons from being allowed to walk around with rifles. Guns are a big issue in Baltimore -- the top cop has made bad guys with guns a priority and prosecutors work with laws that allow for five year minimum jail sentences for illegal handgun possession.
Prosecutors say the law has worked to reduce crime but want more ammunition. There also are instances where the five-year minimum term is not handed because the case is weak, sometimes because of testimony or evidence.
Here is a statement from testimony given by Jessamy. Julie Glass, who prosecutes gun cases, testified on Tuesday in Annapolis:
BALTIMORE PROSECUTORS SEEK TO CLOSE LOOPHOLES
IN LANDMARK GUN SAFETY & RESPONSIBILITY ACT OF 2000
2000 GUN LAW CREDITED WITH HELPING TO REDUCE GUN CRIME IN BALTIMORE
Hundreds of 5 Year Mandatory No Parole Sentences Imposed for Felons Caught in Possession of Handguns
City prosecutors yesterday urged the House Judiciary Committee to pass House Bill 358 calling for changes to landmark gun legislation in Maryland known as the Gun Safety & Responsibility Act of 2000. House Bill 358 would prohibit convicted felons to legally possess long guns and rifles and would provide a more flexible penalty for felons caught in possession of a firearm, allowing judges to sentence defendants between 5-15 years in prison, including the first 5-years as a mandatory no parole sentence.
“Prosecutors will continue to seek and support laws that provide us with the best possible tools to address gun violence in our community,” said State’s Attorney Patricia C. Jessamy. “We have seen historic lows, and I believe some of our progress can be attributed to a significant shift in gun prosecution as a result of the Gun Safety & Responsibility Act of 2000 that prohibits felons from possessing regulated firearms. More work remains.”
“This bill closes loopholes and strengthens public safety and is needed to move us forward. For example, under the 2000 statute, it is still legal for a convicted felon to legally possess a rifle, and to walk down a street in Baltimore. We need to change that.”
In a letter to the House Judiciary Committee, State’s Attorney Jessamy noted that since the 2000 gun law took effect in October 2000, prosecutors in the Firearms Investigative Violence Enforcement Division (FIVE) have charged over 2000 felons with prohibited possession of a firearm, seeking a mandatory, minimum and maximum penalty of 5-years in prison without the possibility of parole. Cases are also handled by the General Felony Division and the Narcotics Division.
State’s Attorney Jessamy praised the many local, state and federal law enforcement partners and officials who have worked together to reduce gun violence in Baltimore. She noted the following collaborative partnerships that have contributed to a decrease in gun violence in Baltimore:
War Room at Central Booking
Statistics indicate that in 2009 prosecutors at the Central Booking & Intake Facility (CBIF) and War Room identified 1685 violent repeat offenders arrested on new gun charges. These offenders were identified based on a review of their prior criminal convictions and probation status. Prosecutors made bail recommendations to commissioners and at district court bail reviews. Statistics show that 1399 repeat offenders charged with new gun crimes were held without bail through the offender’s first court appearance in 2009.
EXILE Partnership
Begun as Project Disarm in 1995, the State’s Attorney’s Office has worked with our federal partners to expand the federal Exile program to include 3 cross-designated Assistant State’s Attorneys acting as Special Assistant United State’s Attorneys. This partnership has allowed for the expansion of efforts to identify and prosecute violent repeat offenders – and includes better coordination and communication following the arrest of a violent offender and an expansion of electronic investigations involving gangs, and drug traffickers.
City GUNstat Program and Gun Registry - These new city initiatives have helped to identify and prosecute juvenile and adult gun offenders and monitor gun offenders in the community. GUNstat provides a useful forum to prioritize and streamline evidence and secure witnesses in gun cases to achieve the best possible outcome. The Gun Registry has helped to closely monitor convicted gun offenders who live in Baltimore.
Collateral Division of the State’s Attorney’s Office – In a unique partnership with the State Division or Parole & Probation, prosecutors and probation agents work in the War Room, at GunStat and in regular meetings between prosecutors and law enforcement to identify offenders on parole and probation who have been arrested on a new charge. Using a network of technology alerts, these cases are carefully tracked by probation officers and prosecutors to obtain violation of probation warrants with pre-set bails for violent repeat offenders. Hundreds of hearings are scheduled annually by probation agents.
“We are making progress, but more work remains,” said State’s Attorney Jessamy.
Below is a letter Jessamy sent to lawmakers:
House Bill 358- Possesion of Regulated FirearmCategories: Breaking news, Confronting crime, Courts and the justice system
Comments
You could have said "chief' prosecutor. "Top" implies some sort of quality in addition to rank, and that is something Ms. Jessamy does not possess. Her only goal is personal aggrandizement, which only occasionally & accidentally coincides with the best interests of Baltimore citizens.
Posted by: City Redux | February 17, 2010 11:12 AM
How many crimes last year were committed with long guns or rifles in the state of Maryland?
How many violent offenders were allowed to plead guilty to lesser charges to avoid the 5 year minimum in the city of Baltimore?
You should start in your own house Ms. Jessamy.
Posted by: Ted | February 17, 2010 1:29 PM
Finally, people are putting 2 and 2 together. More guns = more criminals with guns = more violent crime. Period.
We need strict federal gun laws. State laws are a joke since the loophole to get around them is a mere 2 hour drive to the neighboring state with less restrictive laws.
Posted by: Hank | February 17, 2010 1:51 PM
The firearm industry is one of the most regulated industries in America.
We HAVE strict Federal laws! THOUSANDS OF THEM! How many more do you want? Murder is against the law, has that law stopped it?
State firearm laws in Md are among the most restrictive of our Constitutional right in the country.
10,000 gun laws now are not keeping thugs from having them. They only keep the law abiding from getting them.
Posted by: Voters Ignorance | February 18, 2010 11:11 AM
How do these criminals get rifles? There are federal laws on the books that prevent criminals from legally buying rifles. We don't need more laws, just better enforcement of the laws we have.
Posted by: Tom | February 18, 2010 1:14 PM
State law lags behind federal law w/respect to firearms crimes. Under fed law, Title 18 US Criminal Code, Section 922(g)(1), persons w/convictions in which they could have rec'd >1 year incarceration may not possess firearms or ammunition. This means any firearms or ammunition, including a spent cartridge case as this meets the definition of ammunition under fed law.
Thus, a felon who has 1 bullet is subject to the same penalty for having a gun.
The state of MD's firearms law focuses on regulated firearms (handguns and certain other firearms, ie. machine guns, assault rifles, etc...).
The Feds can not prosecute every felon who possesses a firearm. The answer is to change the MD firearms laws to include language that prohibits felons from possessing any firearm and ammunition.
How do these felons get guns? They steal them, have their relatives or girlfriendsand even college students straw purchase them. This means, using others to lie and buy guns for the felon.
I encourage each of you to contact your elected officials and insist they change the state law. Find out how they vote on these types of bills, and if they do not act per the will of the people, vote them out of office. Encourage the NRA to join the fight against felons in possession of any firearms.
Bottom line: MD's gun laws are weak and need improvement.
Posted by: Joe Bagodonuts | February 19, 2010 7:17 AM
surely if you're selling guns over the counter at a pizza shop in greenspring valley they would find a way to close down the business and give you a federal charge
Posted by: Anonymous | February 19, 2010 11:43 PM
Someone in the Maryland State Legislature needs to sponsor a bill that prohibits felons from possessing any firearms and ammunition. There are so many state cases that get dropped b/c there are no applicable chargs for rapists/murderers/drug dealers who are arrested w/rifles or ammunition. The State of MD continues to give hunting licenses to felons as well. Unless the license is for bow or black powder season (non firearms per definition), why should a convicted felon be allowed to hunt using a rifle or shotgun? Scary thought that our state lets this happen. Call your state reps and demand action.
Posted by: Joe Bagodonuts | February 22, 2010 6:41 AM
LOOK I WAS CAUGHT WITH A PISTOL AND AM FACING THE 5 YR MIN. BUT WITH MY CASE THE STATES ATTORNEYS OFFICE HAS ME AS A WITNESS IN A MURDER CASE WHICH PUT MY LIFE AT RISK SO EVEN THO IM A CONVICTED FELON IS IT RIGHT THAT I RECEIVE 5 YRS FOR PROTECTING MYSELF WHEN THE POLICE WOULDNT EVEN RESPOND TO MY NUMEROUS CALL TO DET.CRAIG SCHOTT,EXACTLY I FEAR LOSING MY LIFE EVERY DAY BECAUSE THERE ARE THESE LAWS THAT I AGREE DO PROTECT US BUT THERE ARE DIFFERENT SCENARIOS THAT PLAY OUT IN PPLS LIVES............
Posted by: tom combs | April 26, 2011 1:24 PM