Provided by
THE "HELP END GUNS IN CRIME" GROUP Originated on January 2011
Title: Guns and Crime (a position paper) Last Revision 2-21-19
( as mentioned in the welcome section, all future comments are in the news section)
A group of concerned citizens have come together to try to develop a different approach to The use of Guns in a Crime and the illegal use of a gun. With all the different programs over many years that have produced questionable and unclear results, new, outside the box thinking is now needed to make a relatively immediate reduction in gun violence. Below is a beginning in that effort that hopefully will lead everyone in a new direction that will save lives. To not have an open mind about this means that the shootings and killings will continue with a slow and steady increase in the yearly count of "innocent bystanders" being shot in the crossfire. A true “Backstop Law”, such as the “Gun User Law” idea at the end of this paper or something similar, is needed. An interesting Delaware statistic going the wrong way in 2014 is the arrest rate by percentage of crimes. For Homicides the arrest rate in February was 40.9 % and April it was 39.7 %. For all non-homicides the arrest rate in February was 21.0 % and in April it dropped to 16.4 %. ( http://data.delawareonline.com/webapps/crime/ ) As a society we need to constantly shift tactics to keep up with the changing world and by doing so we will eventually come together with the proper deterrent and reduce violence to a more reasonable level.
Before I start the discussion we want it to be known that the peaceful attempts though advocacy groups, churches, social and educational organizations, boys and girls clubs, law enforcement and so forth are our idea of the best efforts long term to reduce the illegal use of guns in our society. We are convinced that over time they will accomplish their mission through mentoring, education and improving values, relationships and self-esteem of our people but this might take a generation or two. This discussion is really about today or the near term and the people that do not respond to the above efforts (the hardcore criminal and the mentally challenged). The link here discusses the certainty of punishment as a crime deterrent, rather than the length of a sentence and it is an interesting discussion although now 7 years old we still look for more change. We believe BOTH are needed. http://www.sentencingproject.org/wp-content/uploads/2016/01/Deterrence-in-Criminal-Justice.pdf
Over the decades the gangs, mobs and hardened criminals will hear no discussion on there issues even though many attempts have been made. They will simply place their blame and magnify their enemy. Their anger will be focused and often talk of revenge and they will not care about the rule of law. When society gets to this place, more needs to be done.
By December, 2016 projections are that gun crime will be up 13% nationally. An immediate approach through neighborhood resident volunteers is discussed in the NEWS area of this site. On a national average in 2011 greater than 80% of the violent gun crimes are committed by individuals with previous criminal records. (See additional discussion in the "Mental Health" part of this paper). They have not gotten the lesson from their past mis-steps and therefore more serious measures need to be considered for the safety of every law abiding citizen. That is the group that this proposal is really directed to and it is unreasonable to continue putting these people back on the streets to shoot again with the potential to injure or kill another innocent bystander or anyone else for that matter. When an individual is predisposed to violence, gun controls, community and government efforts and background checks just don't make any difference to them. They get their guns illegally and the black market for illegal guns (stolen, straw purchases and gun traffic) is growing each year. H.E.G.I.C. is really against most regulation that further restricts the the gun owners that do everything properly because they are not the problem. Our vision is to "REDUCE GUN VIOLENCE, not increase GUN CONTROL. We do however support the "UNIVERSAL BACKGROUND CHECK effort but it is not perfect either (see news July 2015). Our position is to PUNISH THE CRIME, NOT INDIVIDUAL FREEDOMS FOR ALL but the UBC program does help keep the wrong people from getting guns, relating to the approved way to procure a gun. It is the People that shoot, not the gun. Here, we are only discussing the adult illegal use of guns while committing a crime but it is important to recognize that the education process must begin in middle school or before. People under the age of 18 will know about this law effort if adopted and we believe the message will reach and deter our children very well. (Mentally Challenged adults should be included in this discussion because they are part of the gun statistics and a law of the type proposed here would deter many mentally challenged shooters.) Our group is familiar with the books “DON’T SHOOT” by David M. Kennedy and GUN GUYS A ROAD TRIP by Dan Baum; and programs like OPERATION FED-UP, OPERATION PRESSURE POINT, THE HIGH POINT (N.C.) STRATEGY, OPERATION CEASEFIRE, THE SAFE COMMUNITIES PROGRAM and LOCKING UP OUR OWN (Crime and punishment in Black America by James Forman Jr.) (2017) to list a few. Another great resource is the "GOOD LIVES MODEL that may be found at, https://www.goodlivesmodel.com/ All have shown success at different levels but today the problem of Guns Used In a Crime and the illegal use of a gun by adults still exists at an alarming level. For example, we at H.E.G.I.C. see gun violence at least 100 times worse than a knife because of its, ease, detachment from the victim, and instant nature. Remember in all crime there is usually the 30 second rule where you can do what ever you want before people become aware. We are not asking for laws 100 times stronger but WE ARE ASKING FOR SPECIAL CONSIDERATION OF SOME TYPES that will prompt the potential perpetrator to give unique consideration to the act before they do it.
We believe that current laws are so unclear and sort of ambiguous that most people can’t know what the sentence would be since it is presumptive and at the discretion of a judge or jury. THAT FACT ALONE IS NOT A DETERRENT. It is often the perceived attitude that “my lawyer can fix it” is the prevailing attitude of the perpetrator. In many cases gun sentencing is added on to the sentence for the crime committed and this group disagrees with that approach when a REMOTE KILLING DEVICE (remote to the victim) is used in a crime. We believe that when a gun is used, mandatory sentencing is not only appropriate but is the only way to get peoples attention. Why do we say this? When an individual picks up a gun and uses it in an illegal way they have a great expectation of killing the person they have a disagreement with. We all know that killing another fellow human is against all moral codes of the universe in intelligent societies and thus the most serious crime of all crimes. Once the individual victim is dead, there is no bringing that individual back. You might consider this approach as a reverse "3 Strikes" law that is fair to residents, potential victims and perpetrators alike. We think it is so important to tell all innocent citizens that there is finally a law directed specifically to their safety and pursuit of happiness. We have a $100.00 fine for the first offense. We would gladly substitute the fine for a program of RESTORATIVE JUSTICE along the lines of this website; http://www.bravenewfilms.org/restorativejustice?utm_campaign=restorative_oth&utm_medium=email&utm_source=bravenew . This is a great effort with really low recidivism rates. The court (judge) will ask the accused to repeat the statement, "I AM AWARE THAT THE NEXT ARREST AND CONVICTION I HAVE RELATING TO THE ILLEGAL USE OF A GUN WILL PUT ME IN JAIL FOR 30 YEARS." People are dying here and that alone makes this a special situation that requires special thinking. Please continue reading this position paper all the way through and see if there is a way to send a strong message through a new law to the community that USING A GUN illegally or improperly IS SIMPLY NOT WORTH IT.
This is a good place to discuss the type of prison the first 30 years should be about and from this and other great articles you will develop an opinion about how to approach rehabilitation. http://www.cnn.com/2012/05/24/world/europe/norway-prison-bastoy-nicest/ . We need to give the perpetrator the very best in this one attempt to become an acceptable citizen. This includes guaranteed and monitored employment for the first year after release. Some of you will think all this is too much but I can assure you it is best to do everything possible for peace and stability in our society. This type of approach is not as financially burdensome as you might think because he/she is now contributing to society. In our opinion a human life is worth this type of effort. The second and third 30 year sentences are recommended at standard type prisons if a person continues his/her wayward ways.
This paper is only about Guns used in a Crime and the illegal use of guns.
Sincerely Bob Biehn; (Spokesperson for H.E.G.I.C.) ; email = [email protected]
This is a good place to discuss the type of prison the first 30 years should be about and from this and other great articles you will develop an opinion about how to approach rehabilitation. http://www.cnn.com/2012/05/24/world/europe/norway-prison-bastoy-nicest/ . We need to give the perpetrator the very best in this one attempt to become an acceptable citizen. This includes guaranteed and monitored employment for the first year after release. Some of you will think all this is too much but I can assure you it is best to do everything possible for peace and stability in our society. This type of approach is not as financially burdensome as you might think because he/she is now contributing to society. In our opinion a human life is worth this type of effort. The second and third 30 year sentences are recommended at standard type prisons if a person continues his/her wayward ways.
This paper is only about Guns used in a Crime and the illegal use of guns.
Sincerely Bob Biehn; (Spokesperson for H.E.G.I.C.) ; email = [email protected]
MISSION
To establish through new law:
* Safety of the good citizens so they will no longer feel terrorized in their city.
* Stop the use of guns in crime before the crime takes place through large educational efforts and a law that truly acts as a deterrent.
* Protect the rights of gun owners, the N.R.A. and others who do nothing wrong.
Discussion and Support for the proposed Law idea
* A paradigm shift in how we approach development, implementation and enforcement of a gun law is needed for this concept to work.
* It must be a simple, clear and strong law everyone can understand.
* It must have a mandatory sentence with no negotiation other than appeal. . (Statutory Sentencing Only)
* Laws like “The use of Firearms inside the city limits is illegal” Just do not work.
* Great work is being done through churches, social organizations and changes in family values and support but this takes generations to measure real change.
* Advertising this new approach to the neighborhood, city, county, state and Federal Government and general population is essential for people to know the law (here we are talking about reaching the entire community, not just the criminal). "Doing business without advertising is like winking at someone in the dark, you know what you are doing but nobody else does" (Stuart Henderson Britt). As a society, it is no longer reasonable or even fair to expect the general population to know the law when this proposal is so severe in its sentencing. We feel a deterrent is the most important thing here, as do many other people. OUR GROUP PREFERS THAT THE MESSAGE GETS THE JOB DONE RATHER THAN INCARCERATION. Keep in mind that to house and care for one "lifer" that begins his/her sentence at age 21 is about 2.5 million dollars. We also recognize that many states have mandates in place to not increase the prison population and for those that think this type of proposal would do that, we suggest that a balance can be achieved by earlier release of less serious non-violent crimes to society. The use of a remote killing device (remote to the victim) like a gun or firearm in a crime and the terror the entire community feels is at the very top of the list of all crime. For a law to work properly it must have a significant consequence that fits the crime for it to be a real deterrent.
* A law is needed with the necessary strength to prohibit any gun use other than what is provided in the second amendment and state laws, allowing the use of guns in gun clubs, trap shooting, target shooting, hunting and other state legal activities. Any one that chooses to use a firearm illegally needs to be away for a long time. We talk about the homicide rate in localities but few of us are aware that the total gun crime rate is 20 to 40 times greater than the homicide rate when the crime does not end up in a fatality. That is really concerning. Some things in society are just unacceptable and instilling fear and terror on the good citizens is one of them. It is all well and good to tighten up areas like Gun Show Loopholes, Large Capacity Magazines, Discarding of Apprehended Guns, Gun By-Back Programs, Gun Registration and Background checks, but no one seems to be talking about the individual that uses a gun for anything other than what is legal. What we need is a good crime bill instead of more gun laws that almost always restrict the good citizens that own guns in a proper, legal and responsible way. This is a necessary element of the total problem and it is our belief that a strong law in this area is essential to reducing the rate of guns used in a crime. IT IS THE PEOPLE THAT DO THE KILLING. We must find a way to manage the people (gun user) through massive educational efforts directed toward the entire community. This includes billboards, TV. newspapers, radio as well as the schools, social organizations, advocacy groups, boys and girls clubs, churches magazines, Public Service Announcements, etc.. For this to work we need to reach the families, friends and relatives of the hardened criminal as well as the first time criminal. THIS APPROACH OF EDUCATION IS REALLY THE BACK BONE OF THIS PAPER and if people can dress themselves each morning to meet the day, they can be taught to understand the law around the use of a gun in a crime and the statutory sentence that will apply when they choose to break this law. When a law is reasonable and fair it will be better respected. With a gun and the forethought to get it and use it in an illegal way, it is no accident, it is premeditated and serious. Education is the only way we will ever get the attention of gun users and it needs to be even more creative, massive and original than the seat belt and texting programs have been, or we must accept the current levels of killings which we at H.E.G.I.C. do not accept. All life is precious and this type of an idea will help save lives of perpetrators as well as victims and innocent bystanders.
* A law is needed with the necessary strength to prohibit any gun use other than what is provided in the second amendment and state laws, allowing the use of guns in gun clubs, trap shooting, target shooting, hunting and other state legal activities. Any one that chooses to use a firearm illegally needs to be away for a long time. We talk about the homicide rate in localities but few of us are aware that the total gun crime rate is 20 to 40 times greater than the homicide rate when the crime does not end up in a fatality. That is really concerning. Some things in society are just unacceptable and instilling fear and terror on the good citizens is one of them. It is all well and good to tighten up areas like Gun Show Loopholes, Large Capacity Magazines, Discarding of Apprehended Guns, Gun By-Back Programs, Gun Registration and Background checks, but no one seems to be talking about the individual that uses a gun for anything other than what is legal. What we need is a good crime bill instead of more gun laws that almost always restrict the good citizens that own guns in a proper, legal and responsible way. This is a necessary element of the total problem and it is our belief that a strong law in this area is essential to reducing the rate of guns used in a crime. IT IS THE PEOPLE THAT DO THE KILLING. We must find a way to manage the people (gun user) through massive educational efforts directed toward the entire community. This includes billboards, TV. newspapers, radio as well as the schools, social organizations, advocacy groups, boys and girls clubs, churches magazines, Public Service Announcements, etc.. For this to work we need to reach the families, friends and relatives of the hardened criminal as well as the first time criminal. THIS APPROACH OF EDUCATION IS REALLY THE BACK BONE OF THIS PAPER and if people can dress themselves each morning to meet the day, they can be taught to understand the law around the use of a gun in a crime and the statutory sentence that will apply when they choose to break this law. When a law is reasonable and fair it will be better respected. With a gun and the forethought to get it and use it in an illegal way, it is no accident, it is premeditated and serious. Education is the only way we will ever get the attention of gun users and it needs to be even more creative, massive and original than the seat belt and texting programs have been, or we must accept the current levels of killings which we at H.E.G.I.C. do not accept. All life is precious and this type of an idea will help save lives of perpetrators as well as victims and innocent bystanders.
* Because of the severity of the sentence in the law (see below law proposal), it is strongly recommended that a 2-year introductory and educational period be used to inform the public after the law is passed and signed and before actual arrests are made. During this time large campaigns should advertise this change and the simple fact that it does not pay to commit a crime using a firearm. This should include all aspects of the media including social media. WE TELL THEM AND TELL THEM AND TELL THEM AND TELL THEM until it is part of there new awareness. Part of the educational program must also include teaching respect for the law in general (Description under menu heading, "Respecting The Law"). Continuing public education is needed for the indefinite future to remind citizens of this new law and continuing education should be a part of the regular middle school and high school classes as well. Firearms are to be used as the second amendment provides, ONLY. Any other uses excluding gun shows and clubs, official sporting events including hunting and firing ranges will have severe penalties under this proposal. Each individual needs this point driven home repeatedly so they don't get involved in this type of activity. Each person we prevent from getting a life sentence adds about 1 million dollars to support and fund this effort (about 1/2 of 2.5 million since they would serve 30 years if they fail to heed the educational program). If the financial justification is too much for some to accept, another way to obtain funds is to increase all gun related fines by 25% and that money is to be placed in a special fund to finance national advertising and education efforts. This proposal is addressing the illegal or inappropriate adult use of a gun only.
* Today our society has millions of people driving automobiles that generally are not considered a lethal weapon. We continually remind each driver as they use their vehicle of the current laws through signs, lights and defensive driving courses so they can operate them safely. We need to have a similar approach that will reach the illegal gun user.
* It is recognized that the education of “tweens and teens” is different in approach than adults and must be done in schools where attendance is mandatory. “Tweens and Teens” are still developing humans and need time to develop their sense of right and wrong as well as their ability to see the long-term consequences of their actions. It is now medically documented that the human brain does not fully mature until about age 25 and that is why so much education is needed for the young people of our society. http://www.npr.org/templates/story/story.php?storyId=141164708
I came across a new article this November of 2022 that is so good it needs to be read by all. It discusses early teen development relating to early birds and night owls. The link is below.
https://www.sciencealert.com/teens-brains-develop-differently-depending-on-if-theyre-night-owls-or-early-birds
. It is ironic that society treats an individual 18 years of age and older as an adult, subject to adult sentencing yet these same individuals are going through "adolescence until age 25 and are predisposed to poor decision making from time to time. Our objective here is to prepare each young person for adult life and not to change any recommendation for minor sentencing. With the proper education in early life there will be fewer crimes committed by children and after the educational process is complete, minors becoming adults that commit gun crimes will be fewer but the ones that do, need to be punished with strong sentencing since they have been through the in-depth educational process.
* Today our society has millions of people driving automobiles that generally are not considered a lethal weapon. We continually remind each driver as they use their vehicle of the current laws through signs, lights and defensive driving courses so they can operate them safely. We need to have a similar approach that will reach the illegal gun user.
* It is recognized that the education of “tweens and teens” is different in approach than adults and must be done in schools where attendance is mandatory. “Tweens and Teens” are still developing humans and need time to develop their sense of right and wrong as well as their ability to see the long-term consequences of their actions. It is now medically documented that the human brain does not fully mature until about age 25 and that is why so much education is needed for the young people of our society. http://www.npr.org/templates/story/story.php?storyId=141164708
I came across a new article this November of 2022 that is so good it needs to be read by all. It discusses early teen development relating to early birds and night owls. The link is below.
https://www.sciencealert.com/teens-brains-develop-differently-depending-on-if-theyre-night-owls-or-early-birds
. It is ironic that society treats an individual 18 years of age and older as an adult, subject to adult sentencing yet these same individuals are going through "adolescence until age 25 and are predisposed to poor decision making from time to time. Our objective here is to prepare each young person for adult life and not to change any recommendation for minor sentencing. With the proper education in early life there will be fewer crimes committed by children and after the educational process is complete, minors becoming adults that commit gun crimes will be fewer but the ones that do, need to be punished with strong sentencing since they have been through the in-depth educational process.
* Since the adult population is no longer in a mandatory educational program massive awareness campaigns need to be instituted through TV, radio, newspapers, billboards, magazines, Public Service Announcements and other ways that will have the most probability of reaching the potential illegal gun user that will also assure the general population, that all that is possible, is being done on their behalf toward reducing the terror and improving safety on the streets of our cities.
* We either stop the use of guns in a crime now or everyone will be carrying a firearm in the future. As an intelligent society we do not want that.
* Our innocent citizens and those caught in the crossfire are being terrorized, injured and killed by the common illegal use of firearms because of weak laws and spotty arrests today. The various police programs do help some but often a crime is committed before they become involved. In many cases a crime is committed and the shootings are unsolved thus giving the shooters another chance, which they will take when laws are weak. The attached approach will be self-enforcing because of its strength.
* When education and advertising fail as it will occasionally, a strong, no nonsense backstop law is sorely needed for the ones that cannot be reached any other way and early release is not an option. It only lets them back on the streets to shoot again. Strong rehabilitation efforts while incarcerated are things that must take place and we believe the Bastoy ( http://www.youtube.com/watch?v=TgujwijPwxo ) and German prison efforts ( http://www.cbsnews.com/news/60-minutes-germany-prisons-crime-and-punishment/ )
are two examples of how people can be reintroduced back into society successfully. We also believe that because of jobs being such am important part of the eventual success, the American prison system MUST GUARANTEE a job at the end of their sentencing.
* We either stop the use of guns in a crime now or everyone will be carrying a firearm in the future. As an intelligent society we do not want that.
* Our innocent citizens and those caught in the crossfire are being terrorized, injured and killed by the common illegal use of firearms because of weak laws and spotty arrests today. The various police programs do help some but often a crime is committed before they become involved. In many cases a crime is committed and the shootings are unsolved thus giving the shooters another chance, which they will take when laws are weak. The attached approach will be self-enforcing because of its strength.
* When education and advertising fail as it will occasionally, a strong, no nonsense backstop law is sorely needed for the ones that cannot be reached any other way and early release is not an option. It only lets them back on the streets to shoot again. Strong rehabilitation efforts while incarcerated are things that must take place and we believe the Bastoy ( http://www.youtube.com/watch?v=TgujwijPwxo ) and German prison efforts ( http://www.cbsnews.com/news/60-minutes-germany-prisons-crime-and-punishment/ )
are two examples of how people can be reintroduced back into society successfully. We also believe that because of jobs being such am important part of the eventual success, the American prison system MUST GUARANTEE a job at the end of their sentencing.
* One simple understanding that the group has is; “If we still only had the same firearms that were available when the second amendment was adopted, our society would not have this problem today.” In the groups opinion the laws have not kept up with the rapid advancement of firearm technology and that needs to change. In addition, law must also keep up with the changing moral attitudes in an ever evolving society and that really has not happened either. We must move forward or we can expect more of the same. And again think of the fear and terror so many good inner city citizens have to live with each day of their lives. There should never be this condition and we owe them safety to the best of our ability. The current laws are not working at the level that H.E.G.I.C would like to see. We can and must do better.
KEEP IN FOCUS AS YOU READ THIS, THAT THE PRIMARY USE FOR A FIREARM IS:
TO TERRORIZE, SHOOT OR KILL SOMEONE!
During the past several years, accidental killings of innocent people by firearms used while committing a crime have been on the rise and it is the belief of this group that our society needs to consider different laws to help reverse this trend.
In this document our group outlines specifics of what we think is appropriate and prudent to protect the rights of all Americans.
Here we would like to emphasize that the rights of the second amendment to the constitution of the United States, the rights of the N.R.A., the rights of the lawful gun user and the rights of people to move about in a free society without fear are to be protected to the fullest.
The below deterrent law suggestion, addresses crime and violence in a specific way by listing all firearm weapons and the actual offenses that are covered. We suggest that starting with only the most severe offenses first will have the greatest deterrence effect with little change on what one might expect from current law sentencing. One or two offenses common in crime will be enough. Our group believes getting the idea out there that a severe penalty in a separate law like this will have a trickle down effect to anyone thinking about committing a crime with a gun of any type in any offense. With law like this idea on the books it really says to society that if things don’t improve this type of approach might be coming for more and more situations involving crime and the illegal use of a gun. Crimes not specifically identified in the new law would continue to be handled as they are currently done. Items such as other offenses and the use of any remote controlled explosive device or weapon can be added as technology continues to change the scene, as has happened with firearms. Firearms, unlike any other type of weapon have the ability to injure and kill from a distance, which leaves the victim at a distinct disadvantage compared to any other type of assault where the assailant is in very close contact with the victim.
TO TERRORIZE, SHOOT OR KILL SOMEONE!
During the past several years, accidental killings of innocent people by firearms used while committing a crime have been on the rise and it is the belief of this group that our society needs to consider different laws to help reverse this trend.
In this document our group outlines specifics of what we think is appropriate and prudent to protect the rights of all Americans.
Here we would like to emphasize that the rights of the second amendment to the constitution of the United States, the rights of the N.R.A., the rights of the lawful gun user and the rights of people to move about in a free society without fear are to be protected to the fullest.
The below deterrent law suggestion, addresses crime and violence in a specific way by listing all firearm weapons and the actual offenses that are covered. We suggest that starting with only the most severe offenses first will have the greatest deterrence effect with little change on what one might expect from current law sentencing. One or two offenses common in crime will be enough. Our group believes getting the idea out there that a severe penalty in a separate law like this will have a trickle down effect to anyone thinking about committing a crime with a gun of any type in any offense. With law like this idea on the books it really says to society that if things don’t improve this type of approach might be coming for more and more situations involving crime and the illegal use of a gun. Crimes not specifically identified in the new law would continue to be handled as they are currently done. Items such as other offenses and the use of any remote controlled explosive device or weapon can be added as technology continues to change the scene, as has happened with firearms. Firearms, unlike any other type of weapon have the ability to injure and kill from a distance, which leaves the victim at a distinct disadvantage compared to any other type of assault where the assailant is in very close contact with the victim.
AND The first focus of our group is the absolute need for a new law that specifically addresses the illegal use of a firearm while committing an identified crime. It must be so simple a 6th grader could understand it and so strong it will act as a real deterrent. The actual crime would then be treated as current laws now require. Sentences would run concurrently. The appeal process currently in place will apply as well. This group feels the current laws in the individual states and the federal government do not have the required strength to act as a deterrent to using a gun. In other words the sentences written in today’s courts are not in keeping with the severity of the crime committed with a firearm and the level of terror perpetrated on the law abiding citizens. The use of guns and firearms during a crime is a real game changer. Innocent people have no chance when guns are used.
Soon we will have millions of gun owners out there and to date we have no refresher or reminders for owners to continually be made aware of the laws. We need these reminders in our entire society. This group is aware that it is largely the illegal use of non-permitted firearms that cause most all the injuries and fatalities and because of that the educational side of this effort must be so public that no one can miss becoming aware.
ADVERTISING DURING THE 2 YEAR EDUCATIONAL PERIOD AND BEYOND
Many advertising firms exist that can create soft advertising which we prefer. an example of that is this Heroin ad from the state of New Jersey. https://www.youtube.com/watch?v=-6d5ZDTnAdE and https://www.youtube.com/watch?v=UeRYMzl5RYg
A stronger but not in anyway harsh is the is the straw purchase warning from http://nssf.org
. Go to the link, page down to don'tlie.org and click on it, or go directly to www.dontlie.org
and there is a billboard that has a direct message to everyone, criminal and good citizen, but not specific to a particular incident, that we love.
A specific billboard ad for a specific crime is shown below which is now a local and national effort. If we could get this type of total blitz on the general theme of the illegal use of guns, H.E.G.I.C. believes a great reduction in the illegal use of guns will happen. It will take time but advertising has shown in so many areas that it does work.
https://www.google.com/search?q=joseph+jakubowski+manhunt+billboard&tbm=isch&imgil=hHW59pKMGAy2AM%253A%253BxGAOzO6npo-DhM%253Bhttp%25253A%25252F%25252Fwww.nbcnews.com%25252Fnews%25252Fus-news%25252Fwisconsin-manhunt-secret-service-analyzing-manifesto-mailed-trump-alleged-gun-n745326&source=iu&pf=m&fir=hHW59pKMGAy2AM%253A%252CxGAOzO6npo-DhM%252C_&usg=__jFNN57cUFu9O1yJaEo9X4ubCdmo%3D&biw=1276&bih=617&ved=0ahUKEwiPycPI8qPTAhXHVyYKHSNeAKsQyjcISA&ei=Z7nwWM_5M8evmQGjvIHYCg#imgrc=hHW59pKMGAy2AM:
This individual, Joseph Jakubowki has now been captured demonstrating the power of advertising and we can take this idea to prevent shootings before someone is injured or killed. IT REALLY DOES WORK!
https://www.google.com/search?hl=en&site=imghp&tbm=isch&source=hp&biw=1276&bih=617&q=john+jabukowski+captured&oq=john+jabukowski+captured&gs_l=img.12...1375.10738.0.14186.24.8.0.16.16.0.104.594.7j1.8.0....0...1ac.1.64.img..0.9.597...0j0i10k1j0i30k1j0i5i30k1j0i24k1.HnAKzoH6CVE#imgrc=_
These types of message are part of what is needed on a massive effort with gun violence. Advertising firms will have many new and creative ways to present the subject.
RECIDIVISM
This subject is one with lots of mystery. As all governments collect data on this subject, they really only know what they know, WHICH IS OFTEN NOT THE WHOLE STORY. Many people bent on unsavory behavior go to extreme efforts to not be caught and the real story is that many individuals return to crime up to 10 times before they are arrested for one incident. The H.E.G.I.C. plan is strong enough to stop some of this. It is so important that people recognize the pursuit of a safe and happy life is part of what living in America is all about. Actually, all people are given extremely wide latitude on their life style in America.but when they refuse to listen, it is time for the nonsense to stop.
GUN STORAGE
Many states have no clear definition of this and thus no clear laws exist about what improper and proper gun storage is and how to prosecute when there is a clear violation which can lead to injury and death. In 2016 this has become a more and more important part of illegal gun use and should be clearly defined and we believe fit into the H.E.G.I.C. discussion. Many injuries and death are now resulting from this condition. As Clearwater, Fl. police Chief Dan Slaughter says, " - - - certain rights … in the Constitution come great, great responsibility. And if a person chooses to own a firearm there is responsibility for them to keep that in a safe location.” H.E.G.I.C. agrees 100 %.
MASS SHOOTINGS
This subject is so complex that a short discussion is appropriate here as we continue to see these shootings through 2/21/19 with no end in sight. This is extremely hard to manage because of the variety of reasons an individual takes up this bizarre behavior using a gun. Couple that with the fact that almost all shooters have already made the decision to give up their life in the execution of the event. The simple fact that law enforcement has been able to thwart some events is really a great example of how well our system works and I commend them for all they do. We must keep pushing the envelope to find new ways to do more but don't expect much change in this area.
MENTALLY CHALLENGED AND PERSONALITY DISORDERS (They are different)
It is apparent that mental illnesses are part of the problem of firearms use in crimes with some individuals but not as much as the media would like you to believe. The Trace, a new source of reporting and insight about guns in America has an interesting study that is very important to this discussion. The link is; http://www.thetrace.org
for the site and the actual article is at; https://www.thetrace.org/2016/06/media-coverage-mentally-ill-exaggerates-role-gun-violence/ . This group would like nothing more than to find a way to prevent these types of crimes by having some type of VOLUNTARY MENTAL and SOCIAL DYSFUNCTION SCREENING set up and a mandatory reporting system for educational centers of all types, doctors and employers. This may seem like a strange concept for some but we believe the whole subject of good mental health is so important to a societies well being as a whole that its time is now here. Voluntary screening is a good first step because it will lead to better testing methods going forward and eventually save lives. The discovery of Personality Disorders even though not mental illness will show up with these tests. Many more of our shooting problems are related to impulse actions or premeditated violence when personality disorders are present. This area must not be overlooked in interviews, exams and testing. Over the past twenty years or so the Susan G. Komen Foundation, the National Breast Cancer Coalition and the National Breast Cancer Foundation, to name just a few, have made a huge impact on how that cancer is regarded with many thousands of lives being saved and a similar result can be realized with illegal gun use and the mental and social dysfunctional as well. We suggest that when out of the normal behavior is observed by professors, teachers, healthcare providers and management, it is documented and submitted to the Attorney General's office. That office will make a determination as to whether or not intervention, like BEHAVIORAL HEALTH TREATMENT is warranted. The concern is ones individual rights as stated in the United States Constitution and how to protect them in our free society but at the same time protect the good citizens from the mass types of shootings occurring in places of employment and schools. Determining the proper ways to evaluate society in general for mental disorders and writing law to cover that spectrum will take much time since the issue is so much more subjective in interpretation. For the purpose of this proposal, we believe that failing two or more formal, medically supported tests would exclude the assailant from this law idea. Failing one test however would not be enough. Some will say that a better national mental health system is too expensive but we ask, what is the price for a human life. Society needs to do a better job in this area as well. For now it seems to this group that our proposed law idea with strong sentence guidance is the best way to go in the near term. People will respond to this type of approach as long as it is fair to all parties. The words below demonstrates the real seriousness of the mentally challenged appearing on 6 abc news March 9, 2016. Even though a knife was used in this instance it could have just as easily (or more easily) been a gun.
"All the more bizarre, police said, is that the victims were not known to the assailant." "Police say the man has 31 prior arrests. He is now expected to be charged with homicide, aggravated assault, and related offenses." This is unbelievable because after 5 or even 10 priors, this individual was a definite problem and did not know how to function in society. If society continues to allow this level, all we can say is that there is less hope that we thought for serious law improvement. We need real change now. We have been discussing the mentally challenged aspect again in 2018 and believe a new crisis hot line must be established and made public. When normal people try to write ideas for not normal people, it is difficult because we do not think as they do. The new name should be, in our idea, "CRISIS GUN VIOLENCE HOT LINE" . We think the potential perpetrator might just call because it specifically address his/her problem, not buried in a phone menu of a general crisis hot line. Do your part by passing this website on to everyone you know if you feel like H.E.G.I.C. does.
The link below is the entire article mentioned above;
http://6abc.com/news/1-dead-2-hurt-after-knife-wielding-man-attacks-in-est-phila/1236713/
On June 28, I saw an interesting paper by TRACE that discussed Anger and Anti-Social behavior that is extremely important since it is becoming more apparent each day that these factors may play a much larger roll in shootings than many experts have indicated in the past. You may read this at; https://www.thetrace.org/2016/06/angry-mass-shooter-profile-gun-violence-prevention/
See article dated 9/17/13 titled "A Big Picture Perspective" in the NEWS area of this web site for further support.
Soon we will have millions of gun owners out there and to date we have no refresher or reminders for owners to continually be made aware of the laws. We need these reminders in our entire society. This group is aware that it is largely the illegal use of non-permitted firearms that cause most all the injuries and fatalities and because of that the educational side of this effort must be so public that no one can miss becoming aware.
ADVERTISING DURING THE 2 YEAR EDUCATIONAL PERIOD AND BEYOND
Many advertising firms exist that can create soft advertising which we prefer. an example of that is this Heroin ad from the state of New Jersey. https://www.youtube.com/watch?v=-6d5ZDTnAdE and https://www.youtube.com/watch?v=UeRYMzl5RYg
A stronger but not in anyway harsh is the is the straw purchase warning from http://nssf.org
. Go to the link, page down to don'tlie.org and click on it, or go directly to www.dontlie.org
and there is a billboard that has a direct message to everyone, criminal and good citizen, but not specific to a particular incident, that we love.
A specific billboard ad for a specific crime is shown below which is now a local and national effort. If we could get this type of total blitz on the general theme of the illegal use of guns, H.E.G.I.C. believes a great reduction in the illegal use of guns will happen. It will take time but advertising has shown in so many areas that it does work.
https://www.google.com/search?q=joseph+jakubowski+manhunt+billboard&tbm=isch&imgil=hHW59pKMGAy2AM%253A%253BxGAOzO6npo-DhM%253Bhttp%25253A%25252F%25252Fwww.nbcnews.com%25252Fnews%25252Fus-news%25252Fwisconsin-manhunt-secret-service-analyzing-manifesto-mailed-trump-alleged-gun-n745326&source=iu&pf=m&fir=hHW59pKMGAy2AM%253A%252CxGAOzO6npo-DhM%252C_&usg=__jFNN57cUFu9O1yJaEo9X4ubCdmo%3D&biw=1276&bih=617&ved=0ahUKEwiPycPI8qPTAhXHVyYKHSNeAKsQyjcISA&ei=Z7nwWM_5M8evmQGjvIHYCg#imgrc=hHW59pKMGAy2AM:
This individual, Joseph Jakubowki has now been captured demonstrating the power of advertising and we can take this idea to prevent shootings before someone is injured or killed. IT REALLY DOES WORK!
https://www.google.com/search?hl=en&site=imghp&tbm=isch&source=hp&biw=1276&bih=617&q=john+jabukowski+captured&oq=john+jabukowski+captured&gs_l=img.12...1375.10738.0.14186.24.8.0.16.16.0.104.594.7j1.8.0....0...1ac.1.64.img..0.9.597...0j0i10k1j0i30k1j0i5i30k1j0i24k1.HnAKzoH6CVE#imgrc=_
These types of message are part of what is needed on a massive effort with gun violence. Advertising firms will have many new and creative ways to present the subject.
RECIDIVISM
This subject is one with lots of mystery. As all governments collect data on this subject, they really only know what they know, WHICH IS OFTEN NOT THE WHOLE STORY. Many people bent on unsavory behavior go to extreme efforts to not be caught and the real story is that many individuals return to crime up to 10 times before they are arrested for one incident. The H.E.G.I.C. plan is strong enough to stop some of this. It is so important that people recognize the pursuit of a safe and happy life is part of what living in America is all about. Actually, all people are given extremely wide latitude on their life style in America.but when they refuse to listen, it is time for the nonsense to stop.
GUN STORAGE
Many states have no clear definition of this and thus no clear laws exist about what improper and proper gun storage is and how to prosecute when there is a clear violation which can lead to injury and death. In 2016 this has become a more and more important part of illegal gun use and should be clearly defined and we believe fit into the H.E.G.I.C. discussion. Many injuries and death are now resulting from this condition. As Clearwater, Fl. police Chief Dan Slaughter says, " - - - certain rights … in the Constitution come great, great responsibility. And if a person chooses to own a firearm there is responsibility for them to keep that in a safe location.” H.E.G.I.C. agrees 100 %.
MASS SHOOTINGS
This subject is so complex that a short discussion is appropriate here as we continue to see these shootings through 2/21/19 with no end in sight. This is extremely hard to manage because of the variety of reasons an individual takes up this bizarre behavior using a gun. Couple that with the fact that almost all shooters have already made the decision to give up their life in the execution of the event. The simple fact that law enforcement has been able to thwart some events is really a great example of how well our system works and I commend them for all they do. We must keep pushing the envelope to find new ways to do more but don't expect much change in this area.
MENTALLY CHALLENGED AND PERSONALITY DISORDERS (They are different)
It is apparent that mental illnesses are part of the problem of firearms use in crimes with some individuals but not as much as the media would like you to believe. The Trace, a new source of reporting and insight about guns in America has an interesting study that is very important to this discussion. The link is; http://www.thetrace.org
for the site and the actual article is at; https://www.thetrace.org/2016/06/media-coverage-mentally-ill-exaggerates-role-gun-violence/ . This group would like nothing more than to find a way to prevent these types of crimes by having some type of VOLUNTARY MENTAL and SOCIAL DYSFUNCTION SCREENING set up and a mandatory reporting system for educational centers of all types, doctors and employers. This may seem like a strange concept for some but we believe the whole subject of good mental health is so important to a societies well being as a whole that its time is now here. Voluntary screening is a good first step because it will lead to better testing methods going forward and eventually save lives. The discovery of Personality Disorders even though not mental illness will show up with these tests. Many more of our shooting problems are related to impulse actions or premeditated violence when personality disorders are present. This area must not be overlooked in interviews, exams and testing. Over the past twenty years or so the Susan G. Komen Foundation, the National Breast Cancer Coalition and the National Breast Cancer Foundation, to name just a few, have made a huge impact on how that cancer is regarded with many thousands of lives being saved and a similar result can be realized with illegal gun use and the mental and social dysfunctional as well. We suggest that when out of the normal behavior is observed by professors, teachers, healthcare providers and management, it is documented and submitted to the Attorney General's office. That office will make a determination as to whether or not intervention, like BEHAVIORAL HEALTH TREATMENT is warranted. The concern is ones individual rights as stated in the United States Constitution and how to protect them in our free society but at the same time protect the good citizens from the mass types of shootings occurring in places of employment and schools. Determining the proper ways to evaluate society in general for mental disorders and writing law to cover that spectrum will take much time since the issue is so much more subjective in interpretation. For the purpose of this proposal, we believe that failing two or more formal, medically supported tests would exclude the assailant from this law idea. Failing one test however would not be enough. Some will say that a better national mental health system is too expensive but we ask, what is the price for a human life. Society needs to do a better job in this area as well. For now it seems to this group that our proposed law idea with strong sentence guidance is the best way to go in the near term. People will respond to this type of approach as long as it is fair to all parties. The words below demonstrates the real seriousness of the mentally challenged appearing on 6 abc news March 9, 2016. Even though a knife was used in this instance it could have just as easily (or more easily) been a gun.
"All the more bizarre, police said, is that the victims were not known to the assailant." "Police say the man has 31 prior arrests. He is now expected to be charged with homicide, aggravated assault, and related offenses." This is unbelievable because after 5 or even 10 priors, this individual was a definite problem and did not know how to function in society. If society continues to allow this level, all we can say is that there is less hope that we thought for serious law improvement. We need real change now. We have been discussing the mentally challenged aspect again in 2018 and believe a new crisis hot line must be established and made public. When normal people try to write ideas for not normal people, it is difficult because we do not think as they do. The new name should be, in our idea, "CRISIS GUN VIOLENCE HOT LINE" . We think the potential perpetrator might just call because it specifically address his/her problem, not buried in a phone menu of a general crisis hot line. Do your part by passing this website on to everyone you know if you feel like H.E.G.I.C. does.
The link below is the entire article mentioned above;
http://6abc.com/news/1-dead-2-hurt-after-knife-wielding-man-attacks-in-est-phila/1236713/
On June 28, I saw an interesting paper by TRACE that discussed Anger and Anti-Social behavior that is extremely important since it is becoming more apparent each day that these factors may play a much larger roll in shootings than many experts have indicated in the past. You may read this at; https://www.thetrace.org/2016/06/angry-mass-shooter-profile-gun-violence-prevention/
See article dated 9/17/13 titled "A Big Picture Perspective" in the NEWS area of this web site for further support.
Now, if for some reason, gun users were found unfit to live in society, a method needs to be found that removes them before they become a menace to anyone. To not find a way to do this and pay for it means that eventually everyone will be armed and at first fearful to use their weapons. Later, after a few successful attempts at self-defense, we will have innocent, unarmed, good law abiding citizens being shot in the cross fire of people trying to defend themselves.
In summary, our group feels that the idea of a new specific law that clearly states a mandatory sentence that everyone can relate to will act as a deterrent to gun crime and there would be no down side risk because the current laws would not be altered and we suggest that this new law only be written regarding the most serious situations at first. For example a person found guilty of attempted murder would get a concurrent sentence of 30 years each offense, for using a gun and probably a similar or longer sentence for the attempt murder charge itself. If we can tell the good citizens of our cities that this new law has a mandatory sentence of 30 years it will really go a long way in telling them that we value life over everything else and that we are trying here to give them the safest neighborhoods possible. During this 30 year detention the state must provide all types of intensive educational opportunities to assure as best they can that the individual is fully able to return to society and this should include a job. If the individual does not successfully return to society, subsequent sentences of 30 years would occur after the first 30 year sentence is complete, if the individual doesn't change even though he/she is older and should be wiser in his/her ways. Today's laws are not really working as well as they did in past decades. Society needs a new and better approach and to not develop and pass a new law simply means that things will remain pretty much the same as they are now and that would be a shame because we at H.E.G.I.C. think our governments can do a better job of protecting its citizens. The new "STRAW PURCHASE" law in Pennsylvania that was signed by the governor on October 25, 2012 is a good example of the type of Statutory Sentencing that will work. Website = http://www.lehighvalleylive.com/breaking-news/index.ssf/2012/11/new_pennsylvania_law_brings_st.html . This has many similarities to our idea without the 2 year educational period. Given the difference between a straw purchase and using a gun in a crime, we believe our sentencing suggestion of 30 years is reasonable when at that point it is so likely that someone will be shot and possibly killed. We believe that a 30 year sentence WILL be a deterrent. (See "About H.E.G.I.C. and the NEWS section for additional discussion)
The draft law ideas below are not intended to be a new law but an outline of the types of changes that this group feels are needed to achieve our goals. This is an IDEA only. The legislative bodies that receive this should take these thoughts as important citizen input to return the streets of our nation back to a safe environment for everyone. Our group is fully aware that this outline will not be the actual law that is finally adopted but there is such anger and frustration by the people of this nation that meaningful change must be made. This entire paper is really intended to stimulate new thought and ideas that may better fit the social problems of our current times.
In closing, it should be understood that a few freedoms and liberties may need adjusting in a very small way for progress to be made (mostly on the assailants side) to truly reduce the nations gun violence. It is also recognized that some of the requirements in the proposed law are part of existing code in some states. As a general proposal we wanted to be sure these important items were included so they are not missed in the final law to be introduced in the state or federal government codes. Remember that there is, in law, something called equity, which is simply justice on its merits, rather that on precedent or even statute. Let’s make this new law so complete that no one would ever again pick up a gun for any other reason than stated in the United States Constitution and state laws and also allowing for the use of guns in gun clubs, trap shooting, target shooting, hunting and other state legal activities.
Before you move onto the next section, please consider this fact that we are not all the same. As children, many of us had periods where we misbehaved and then grew out of that phase. In a complex society, it is better to have more than one way to speak to everyone because some of us do not reach the desired level of adult behavior at the same time (and some never do). Because of that fact, it is unreasonable to expect one type of law to deter all types of unsavory behavior. Until we as a society have a law that clearly states, in a direct way, a consequence for an action, things will not noticeably change. The illegal use of a gun (a remote killing device, remote to the victim) is different than all other types violence and is so heinous that an additional approach is needed. Also consider the fact that many states have mandatory sentencing for non-violent crime and none for the illegal use of a gun as we state above. This is really upside down law and by some could be considered unjust. Be with H.E.G.I.C. in an effort to correct this.
POLICING AND JUSTICE
Successful and safe communities rely on many facets of which citizens and police are all working and being involved together with the common goal of making each day a better day. Successful policing is not only the absence of crime but is also proper laws and procedures that build trust. A relationship across all people that gives an implied guarantee that fairness, equality and and justice are the same for all.
A word about Gun Control
I ask each reader to consider for a moment the efforts around Alcohol Prohibition and Drug Control in the past. Prohibition was repealed and now we are legalizing marijuana. It is our belief that gun control as well will never achieve the goals set out. The criminal will always get his or her gun. Yes it will be more difficult but believe me it will happen. With continuing additions in gun control we add more complications for the respectful gun owner that is abiding by the law. Society must stop hand slaps on sentencing regardless of an individuals socioeconomic status. You can not bring someone back from death and many many of the victims we have do not deserve death for what ever beef existed at the time.
· Lets Join together and stop the killing now,
In closing, it should be understood that a few freedoms and liberties may need adjusting in a very small way for progress to be made (mostly on the assailants side) to truly reduce the nations gun violence. It is also recognized that some of the requirements in the proposed law are part of existing code in some states. As a general proposal we wanted to be sure these important items were included so they are not missed in the final law to be introduced in the state or federal government codes. Remember that there is, in law, something called equity, which is simply justice on its merits, rather that on precedent or even statute. Let’s make this new law so complete that no one would ever again pick up a gun for any other reason than stated in the United States Constitution and state laws and also allowing for the use of guns in gun clubs, trap shooting, target shooting, hunting and other state legal activities.
Before you move onto the next section, please consider this fact that we are not all the same. As children, many of us had periods where we misbehaved and then grew out of that phase. In a complex society, it is better to have more than one way to speak to everyone because some of us do not reach the desired level of adult behavior at the same time (and some never do). Because of that fact, it is unreasonable to expect one type of law to deter all types of unsavory behavior. Until we as a society have a law that clearly states, in a direct way, a consequence for an action, things will not noticeably change. The illegal use of a gun (a remote killing device, remote to the victim) is different than all other types violence and is so heinous that an additional approach is needed. Also consider the fact that many states have mandatory sentencing for non-violent crime and none for the illegal use of a gun as we state above. This is really upside down law and by some could be considered unjust. Be with H.E.G.I.C. in an effort to correct this.
POLICING AND JUSTICE
Successful and safe communities rely on many facets of which citizens and police are all working and being involved together with the common goal of making each day a better day. Successful policing is not only the absence of crime but is also proper laws and procedures that build trust. A relationship across all people that gives an implied guarantee that fairness, equality and and justice are the same for all.
A word about Gun Control
I ask each reader to consider for a moment the efforts around Alcohol Prohibition and Drug Control in the past. Prohibition was repealed and now we are legalizing marijuana. It is our belief that gun control as well will never achieve the goals set out. The criminal will always get his or her gun. Yes it will be more difficult but believe me it will happen. With continuing additions in gun control we add more complications for the respectful gun owner that is abiding by the law. Society must stop hand slaps on sentencing regardless of an individuals socioeconomic status. You can not bring someone back from death and many many of the victims we have do not deserve death for what ever beef existed at the time.
· Lets Join together and stop the killing now,
Ic
Draft example
Gun User Law (First offense)
(conviction and $100.00 fine)
Preamble
This law will create a new law, simple in its application that says “Use of any firearm in the committing of the crime listed below, felony or misdemeanor demands a specific sentence that cannot be changed by any court or judge if the assailant is found guilty. Appeals are permitted but the sentence is still mandatory if the assailant is guilty.
ALL FIREARMS OF ALL TYPES
List of crimes specific to this law (examples)
Armed robbery with a gun
Assault with a gun
Homicide with a gun
etc.
Details
Upon arrest and confinement, the assailant will be processed under existing law until the completion of the trial. The fact that no injury to anyone took place has no bearing on anything. A firearm was used in an illegal way which clearly demonstrates the intent to kill if the desired results were not achieved. Self-defense is excluded if the individual is not involved in any crime. Permitted concealed weapons are also excluded as long as they have remained concealed. Use of a permitted concealed weapon or an open carry weapon in the act of stopping a crime in progress does put the individual user of that weapon at the mercy of the courts. If their intent is determined to be admirable and just by the court, there efforts will be looked upon in a favorable way.
Upon arrest and processing, the assailant will be required to undergo a full mental examination determined by the courts. The results of this examination will be entered into the evidence of the trial.
Upon Arrest and conviction, the court (judge) will ask the accused to repeat the statement, "I AM AWARE THAT THE NEXT ARREST AND CONVICTION I HAVE RELATING TO THE ILLEGAL USE OF A GUN WILL PUT ME IN JAIL FOR 30 YEARS." If for some reason the convicted does not respond, the judge will state that; "If any illegal gun use happens again the full extent of the law will be applied. Do you understand that?"
The sentence for using a firearm in a listed crime is to be $100.00 during the first offense of this law in addition to the sentence for the listed actual crime for the first conviction. It is suggested that the accused be offered an extensive reeducation program to prevent recidivism. If he/she refuses this offer, the refusal may be used against them if they ever appear before the court again.
This individual is now in the system regarding this gun law idea and all further infractions above will be a mandatory 30-year sentence to run concurrently with the sentence for the listed actual crime..
Draft example
Gun User Law (First offense)
(conviction and $100.00 fine)
Preamble
This law will create a new law, simple in its application that says “Use of any firearm in the committing of the crime listed below, felony or misdemeanor demands a specific sentence that cannot be changed by any court or judge if the assailant is found guilty. Appeals are permitted but the sentence is still mandatory if the assailant is guilty.
ALL FIREARMS OF ALL TYPES
List of crimes specific to this law (examples)
Armed robbery with a gun
Assault with a gun
Homicide with a gun
etc.
Details
Upon arrest and confinement, the assailant will be processed under existing law until the completion of the trial. The fact that no injury to anyone took place has no bearing on anything. A firearm was used in an illegal way which clearly demonstrates the intent to kill if the desired results were not achieved. Self-defense is excluded if the individual is not involved in any crime. Permitted concealed weapons are also excluded as long as they have remained concealed. Use of a permitted concealed weapon or an open carry weapon in the act of stopping a crime in progress does put the individual user of that weapon at the mercy of the courts. If their intent is determined to be admirable and just by the court, there efforts will be looked upon in a favorable way.
Upon arrest and processing, the assailant will be required to undergo a full mental examination determined by the courts. The results of this examination will be entered into the evidence of the trial.
Upon Arrest and conviction, the court (judge) will ask the accused to repeat the statement, "I AM AWARE THAT THE NEXT ARREST AND CONVICTION I HAVE RELATING TO THE ILLEGAL USE OF A GUN WILL PUT ME IN JAIL FOR 30 YEARS." If for some reason the convicted does not respond, the judge will state that; "If any illegal gun use happens again the full extent of the law will be applied. Do you understand that?"
The sentence for using a firearm in a listed crime is to be $100.00 during the first offense of this law in addition to the sentence for the listed actual crime for the first conviction. It is suggested that the accused be offered an extensive reeducation program to prevent recidivism. If he/she refuses this offer, the refusal may be used against them if they ever appear before the court again.
This individual is now in the system regarding this gun law idea and all further infractions above will be a mandatory 30-year sentence to run concurrently with the sentence for the listed actual crime..
Draft example
Gun User Law (Second and subsequent convictions)
(30 year mandatory sentence)
Preamble
This law will create a new law, simple in its application that says “Use of any firearm in the committing of the crime listed below, felony or misdemeanor demands a specific sentence that cannot be changed by any court or judge if the assailant is found guilty. Appeals are permitted but the sentence is still mandatory if the assailant is guilty.
ALL FIREARMS OF ALL TYPES
List of crimes specific to this law (examples)
Armed robbery with a gun
Assault with a gun
Homicide with a gun
etc.
Details
Upon arrest and confinement, the assailant will be held without the opportunity of bail for any reason what so ever until the completion of the trial. The fact that no injury to anyone took place has no bearing on anything. A firearm was used in an illegal way which clearly demonstrates the intent to kill if the desired results were not achieved. Self-defense is excluded if the individual is not involved in any crime. Permitted concealed weapons are also excluded as long as they have remained concealed. Use of a permitted concealed weapon or an open carry weapon in the act of stopping a crime in progress does put the individual user of that weapon at the mercy of the courts. If their intent is determined to be admirable and just by the court, there efforts will be looked upon in a favorable way.
Upon arrest and confinement, the assailant will be required to undergo a full mental examination determined by the courts. The results of this examination will be entered into the evidence of the trial.
The sentence for using a firearm in a listed crime is a mandatory 30 years to run concurrently with the sentence for the listed actual crime. This individual was previously put in the system regarding this gun law idea and all further infractions above will be a mandatory 30-year sentence.