No, I don’t know. I have no solution. But I do know one thing: The problem is not firearms. Firearms are tools, nothing more. They cannot perform a task independent of a human being. They are, in essence, “slaves” to the human that owns them.
The problem is not whether a firearm shoots a small caliber projectile, aka a bullet (such as a .22 caliber bullet), or a large caliber projectile (such as a .308 caliber bullet). The problem is not whether a firearm uses a rotary magazine (as “revolvers” do), or whether the firearm uses an internal tubular magazine (as several lever-action rifles do), or whether the firearm uses a removable magazine (as most semiautomatic pistols do).
The problem is not whether the bullet is fully jacketed by copper, or only partially jacketed. Or whether the bullet has a hollow point or not.
The problem, in all cases, lies directly with the human holding the firearm. And whether the human is intent on perpetrating a crime with a firearm.
Now to the heart of the matter.
Gun crimes have become endemic in recent years. There are multiple reasons for this, but they all come down to a single cause: a change in society that is reflected in the loss of respect for life.
There isn’t much we can do to force society to change. But there are certainly actions we can take to promote change in society.
The first of those actions is to stop treating gun crimes the same as all other crimes. One does not die from ink spilled when writing a bad check. Or by stealing goods during a shoplifting spree. Or even from rioting in the street. These are crimes, but not in the same class as the use of a gun while perpetrating a crime.
Therefore, we must change how we treat perpetrators who use a gun when committing a crime.
The first change must be the elimination of cash bail for any perpetrator who uses a gun in any crime. We have seen the results of “no cash bail” jurisdictions, especially those where gun crime suspects have been let loose without bail only to commit another crime shortly thereafter. Sometimes even later the same day.
Next, any gun crime charge must be eliminated from the list of charges eligible for a plea bargain agreement. Gun charges must stand alone. They must not be dropped in favor of easier prosecution of the offender. Instead, the offender must know that any gun crime charge will stand alone, be prosecuted alone, and – if found guilty – be served consecutively, not concurrently, with any other sentence.
Then, a set of mandatory minimum prison sentences for different use of the gun during the perpetration of a crime must be established. It shouldn’t matter whether the gun was used or not. Its simple possession by a perpetrator means it could have been used: why else would the perpetrator bring a gun while committing a crime?
The mandatory sentences should start with a minimum incarceration of 5 years for any perpetrator who has a gun in his/her possession during the commission of any crime. There should be no appeal permitted for the gun crime sentence itself, although other appeals may address other crimes committed during the same incident.
Next, a minimum incarceration of 10 years for any perpetrator who fires a gun while committing a crime, whether the bullet hits anyone or not. As above, there should be no appeal permitted for the gun crime sentence itself although other appeals may address other included offenses.
Then, a minimum incarceration of 20 years for any perpetrator who fires a gun while committing a crime and where someone is hit with a bullet. This sentence should be multiplied by the number of bullets that hit anyone. If 3 bullets are fired and all 3 hit someone – whether the same person or other people – the minimum incarceration should be 60 years. And as above, there should be no appeal permitted for the gun crime sentence itself.
Finally, life in prison if anyone is killed by a bullet fired by a perpetrator during the commission of a crime. In states where the death penalty is allowed, the prosecutor may ask for, and the judge may approve, capital punishment. In these cases, appeals may be filed as often as defense attorneys wish, but there is no appeal permitted for the gun crime sentence: the perpetrator took a life and will now repay society with a life.
These sentences will reduce the prison “revolving door” and thus remove some criminals from the streets. This will help make streets safer and will also provide a limited deterrent against crime: if a criminal knows that using a gun will result in a multiyear incarceration without parole, it may cause second thoughts. Of course, there is no guarantee of this.
I intentionally do not address mental defects or the use of knives in this essay. They will be addressed in future essays.
One thing remains: whether the criminal is judged sane or not, the gun crime was committed and thus the sentence must be served.
