SB131 - Mandatory minimum sentence for carrying if a felon and other stuff

[Captain Nemo]

The "straw purchase" portion is smoke. I was a FFL holder for 25 years. Never ran into a situation that came close to a straw purchase. Unless you want it to stretch so far as to include a man buying a gun for his wife as a present. All FBI reports I have read state that surveys of criminals committing crimes with firearms find that 85% of the guns were purchased from friends, family or stolen. If that is indeed a valid percentage the probablility of a criminal risking a straw purchase is very small. A "trunk" purchase is much less risky. The only way a straw purchase law could be significantly effective if it was required that ALL firearm sales must be conducted through a FFL dealer. We certainly don't want that. The law most certainly would have an exception for transfer of firearms between family members or estate settlements. It would not stop the stealing or the "trunk" sales therefore it would have no effect on criminals obtaining firearms. As so often happens it will just be a law handicapping the law-abiding citizen. Besides what's good enough for the ATF is good enough for me. re Arizona gun running episode.

The high media attention to a few dramatic "straw purchases" leads one to believe it is a daily occurrance. It is not. 98% of FFL dealers are very careful to whom they sell a firearm. The risks to them are too high.

The only part of SB131 I would support is if it changed current law ( 939.645) to make the penalty enhancer for a felon carrying a concealed firearm mandatory instead of discretionary.

My opinion

 

[paul@paul-fisher.com]

Hearing starting shortly:

http://www.wiseye.org/Home/AirVideoStream.aspx?ch=Web1

 

[rcawdor57]

Anyone Watch The Hearings Of "Project Gunrunner" On C-Span???

I watched most of it last week and it was disgusting. I don't want to hijack this thread but a few comments posted brought some things to mind.

When I watched the hearings one of the ATF agents testifying AGAINST the corrupt BATFE gun running scheme said that the straw purchaser violation only merits a short sentence of less than a year and usually the offenders only get probation because it is their FIRST criminal offense. He stated that if it weren't their first criminal offense (felony) then they couldn't pass the NICS check to start with.

Another thing one of them said was that the Fn 5.7 pistols penetrate police bullet proof vests. Now that was interesting since the BATFE themselves tested the Fn 5.7 with the ammunition available to civilians and it does NOT penetrate vests. The ATF agents also suggested that ALL long arm purchases of 2 or more should be reported to the federal government since that would make their job much easier. Right.

Link: http://www.atf.gov/press/releases/2005/01/012005-openletter-tech-fabrique-nationale-pistol.html

 

[BROKENSPROKET]

OK, I am still not decided on this but my reading says that you would of had to have been PREVIOUSLY convicted of a violent felony under 301.048 (2) (bm) for the mandatory 3 year sentence. So.... on my 1st felony :banghead: I wouldn't get the 3 year sweetener.?

Paul, YOU would not be a prohibited person until after your first felony conviction. If it was for a violent felony listed under 301.048 (2) (bm), then there would be a 3 year minimum sentence for a 941.29 conviction only AFTER you became a felon.

As for the straw purchase, it is a Federal Felony already, someone convince me either way that we should/shouldn't make it a state one as well?

The only way a person would get prosecuted for a Federal Felony is if it was a FBI or ATF case. Currently, a State DA can only prosecute it as a Misdemeanor. This bill would make it a felony on the state level so that DA's could prosecute it as a felony.

As I said, I haven't made up my mind yet and see some advantages to the straw purchase part, so far. What would be some of the unintended consequences?

My only concern would be for the women that through coercion or threat of force would make a straw-purchase. It should be a felony to coerce or force someone to make a straw purshase, not the straw purchaser. It should only be a felony for anyone that freely and willingly made straw-purchase. I don't know how that would be written.