Anecdotally, I have a friend who is a Deputy US Marshall in a large Midwestern city with a high crime rate inner city. One of his duties is to review the overnight arrest reports and forward those that include violations of Federal laws to the US Attorney's office. He told me that over 80% of the arrest reports that included the use of a firearm, were forwarded to the US Attorney for violations of federal firearm laws. The US attorney brought federal charges against only the ones that the state refused to prosecute. My friend told me that those prosecuted at the federal level were people who had minor felony convictions from long ago, or misdemeanor domestic violence convictions. Statistically, Chicago has one of the lowest federal prosecution rates for federal gun laws in the nation. The US Attorney for that region does not charge hardly anyone with violations of federal gun laws, despite having one of the highest gun murder rates in the nation.
Generally when it comes to "adopted" cases, meaning a case that is almost entirely the result of work done by the state and local LE agencies, the US Attorney's Office will "cherry pick" the cases for cases that are both the best in terms of getting long sentences, and in terms of those where there is a very high probability of getting a conviction if it goes to trial. It's that way for all federal adoptions, including gun cases. Sometimes DAs and local/state LE agencies complain about the feds taking their best cases.
For felon in possession of a firearm cases that means they prefer the cases where the defendant has a lengthy and violent criminal history, and/or the nature of the crimes are violent, as the those factors cause the longest sentences. The cases they like the most are where the person has 3 or more violent felony convictions which makes the defendant eligible for sentencing under the Armed Career Criminal Act (ACCA) (18USC924(e)). A conviction under the ACCA means the defendant will be sentenced to at least a mandatory minimum of 15 years, and is eligible for as much as a life sentence. They also like cases where the firearm was in furtherance of federal crimes of violence (carjacking, Hobbs Act, drug distribution, murder for hire conspiracies, etc), as those crimes also carry lengthy mandatory minimum sentences, under 18USC924(c). Possession in further of a federal crime of violence carries a 5 year mandatory minimum, brandishing is 7 years minimum, and discharge is 10 years minimum. Time for 924(c) conviction must be served consecutive to the time sentenced for the underlying crime of violence conviction.
Here are some examples of adopted cases:
http://www.atf.gov/press/releases/2...ilty-of-federal-firearm-and-drug-charges.html
http://www.atf.gov/press/releases/2...ck-or-treat-shooter-loses-federal-appeal.html
http://www.atf.gov/press/releases/2...ison-for-illegal-firearm-drug-possession.html
http://www.atf.gov/press/releases/2...bbery-of-a-pawn-shop-and-related-charges.html
Just a few examples, and none of those are cases that the state wouldn't be willing to prosecute, but they are cases where the best outcome is served by a federal prosecution.
Here's the links to the press releases for the Chicago Field Division, showing you're wrong about the US Attorney and gun cases in that region:
http://www.atf.gov/field/chicago/index.html
http://www.atf.gov/field/chicago/releases-2012.html
http://www.atf.gov/field/chicago/releases-2010-2011.html
http://www.atf.gov/field/chicago/releases-2009.html
Again, maybe you should educate yourself a little before spewing such nonsense.
Last edited by a moderator: