New York city prosecutor NO jail time for gun possession

[Master Blaster]

NYC with all other large cities has experienced a surge in violent crime.
Now they have a new District Attorney/ Chief prosecutor who has instructed his deputies as follows:

Mr. Bragg has also instructed his prosecutors not to seek jail time for gun possession without an accompanying charge. The commissioner strongly objected to that policy, saying that it “affords people the opportunity to continually possess guns without consequence,” and calling it the issue that most directly affected officers’ safety.

I do not believe it will lead to legal carry without a license in NYC, because they could charge you with something else.

Clearly this is only intended for criminal possession by felons.

But there is potential for an equal protection argument for law abiding gun owners in NYC.

https://dnyuz.com/2022/01/08/confli...tween-top-prosecutor-and-police-commissioner/

NOT how it was intended.

 

[jmorris]

But there is potential for an equal protection argument for law abiding gun owners in NYC.

I imagine the way the game is supposed to work, is that you do not remove any law from the books.

This way they get to pick and choose who they prosecute. Drug dealer with firearms and a wrap sheet so long you have to keep hitting “page down”, he gets the revolving door.

Some kind of ‘vigilante’ using a firearm to defend themselves that wasn’t registered in the State, you are going down.

I think they are purposely running people out of their State to seed liberals in States that are not screwed up yet. Rational people think they might change the way they vote. Liberals know better than that though.

 

[Master Blaster]

This also appears to negate their main arguement for gun control:

Public Safety.

 

[GEM]

Does this tie into the move/Scotus briefs by the black attorneys to support the NYPSRA suit? They argued the differential laws were based on prejudice and denial of SD rights to minorities.

 

[Fyrstyk]

I thought it was a Federal law that possession of a firearm by a felon was mandatory jail time.

 

[CapnMac]

I thought it was a Federal law that possession of a firearm by a felon was mandatory jail time.

It is. But, that requires federal LE to bring the accused before a US Attorney. And AUSA dockets are very full now (and they only want "sure thing" prosecutions).

 

[Speedo66]

At sentencing in NY, the ADA can give his recommendation, as can the defense atty, but ultimately it is the judge who decides the sentence.

Being the political creatures they are, if a defendant has a long rap sheet with violent crimes, a judge would be loath to let them loose in case they commit a violent crime while out that hits the papers, the press would then excoriate the judge. This is what judges fear most, negative publicity which might affect their chance for reelection.

The DA, also a political creature, is pandering to the masses; liberals and especially the families of criminals.

 

[jmorris]

a judge would be loath to let them loose in case they commit a violent crime while out that hits the papers, the press would then excoriate the judge. This is what judges fear most, negative publicity which might affect their chance for reelection.

I think some of them could care less too but they do have guidelines; however, it isn’t over then either. In the old days, “life” was a sentence that only lasted until they could hang you.

These days you could get a life sentence and be out in 15 years…

 

[Craig_AR]

Mr. Bragg has also instructed his prosecutors not to seek jail time for gun possession without an accompanying charge

Hey! Isn't that what we like to call Constitutional Carry?

 

[Spats McGee]

As we have yet to see much discussion of law or legal principles in this thread, I'm going to shut this one down. It might have been better to open this in General Discussions.