Need info on Op: Exodus and example of criminals getting off on gun charges

[jdthaddeus]

My sis-in-law is not necessarily anti gun, but she is like most uninformed people on the topic. She had a hard time believing me that criminals are often not charged to the full extent of the law for committing crimes with guns. For instance, a criminal uses a stolen gun, brandishes it in public, has a gun as a felon, carries it concealed, points it at a person and commits robbery, but the only charges filed are robbery. They should go away for a long time but they do not.
On the other hand, if I am discovered carrying a gun concealed while doing nothing wrong, you can bet they won't forget to charge me for it.

She is a well educated woman and I think that some more evidence would help convince her of why bad guys get away with carrying guns even though it is illegal.

Any websites about the NRA's Operation Exodus in Philidelphia would be helpful, and any other news articles or things like that that I can email her would be helpful.


Thanks!

 

[folkbabe]

One reason some charges are often dropped is that prosecutors frequently plea-bargain cases because the court system is so overloaded it can't handle everything going to trial. Also, sometimes the evidence isn't very good so they need to plea-bargain.

End the war on drugs and you end a lot of the reason for the overcrowding.

 

[Mike in VA]

I thnk you're referering to Op: Exile

which has been pretty successful in VA. I have mixed feelings about it myself, because it does seem somewhat arbitrary and raises the basic question of why weren't the gun laws enforced to begin with? I understand that DA's routinely 'overcharge', piling on as many charges as they can to start (to intimidate?), then negotiating down to what they can make a case on. But it seems to me that if they did away with the 'mandatory' sentences on dopers (esp. 1st timers & non-violent ones) and had mandatory sentences for felons with guns, we'd be a lot closer to getting the violent repeat offenders off the streets & where they belong. M2

 

[SKN]

CA statutes

In a single incident with just that sole victim the elements of the example you cited would amount to an arrest for receiving stolen property, armed robbery, and convicted felon in possession of a firearm. The elements of the robbery would include the brandishing in public/pointing and perhaps also the carrying concealed, depending upon the circumstances surrounding the arrest.

Once it reached the charging DA and barring any physical injury to the victim the receiving charge would likely be considered an element of ex-con in possession, if not dropped altogether, since the more serious of the two is the possession. So, by the time this case reaches a judicial disposition phase there would likely be only two charges: ex-con in possession and armed robbery with a firearm enhancement.

Sentencing would be dependent upon what charge(s) the defendant pleas to or is found guilty of, and the statute imposed mandates for that crime.

In the case of a concealed carry charge even if the weapon were loaded, absent any other acts prohibited by statute, you might be eligible for a cite release in the field or from the station. Judicial disposition would be no more than the misdemeanor sanctions specified and likely less than that as I have seen them pled out as public nuisance/disturbing the peace infractions. The major heartache for you may be that, as a condition of your plea in lieu of facing misdememanor prosecution, you won't get your weapon back.