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Topic: Gun laws- state versus federal

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untanglingwebs
El Supremo

This story highlights the issue of criminals with guns usually having their gun charges not prosecuted.


Flint man handed federal prison sentence after felon in possession of firearm conviction
Published: Tuesday, August 30, 2011, 10:30 PM Updated: Tuesday, August 30, 2011, 11:10 PM
By Khalil AlHajal | The Flint Journal The Flint Journal

FLINT, Michigan — Corey T. Short of Flint was sentenced today to three years and 5 months in federal prison after a felon in possession of a firearm conviction, according to U.S. Attorney Barbara McQuade's office.

The sentence comes after McQuade announced an initiative to aggressively prosecute gun-toting convicts was last month.

Short's prison sentence will be followed by a three-year supervised release, according to a news release.

In an effort to stiffen gun crime penalties while providing some relief for the Genesee County Jail, McQuade on July 14 announced an effort to federally prosecute convicted felons accused of possessing firearms in Flint.

Under state law, felons convicted on gun charges in Genesee County often are sentenced to probation.



burtonguy August 31, 2011 at 7:12AM
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Should we celebrate the feds having to do Michigan's job because the state does not incarcerate to the full extent of their own existing law? (see below) Is it cheaper to house a prisoner in a federal prison than a state prison? (I think not) Who pays for a federal prison inmate's incarceration? (I think we do)

So, if it costs more in a federal prison, and we pay that bill, we are paying extra money to do something we should have done ourselves.

"Gun possession by a felon, Michigan law:

(3) A person who possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm in violation of this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not more than $5,000.00, or both."




intheknow767 August 31, 2011 at 8:10AM
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This is nonsense. When a felon possesses a gun there are two charges. Felon in Possession AND Felony Firearm. In Michigan, Felony Firearm carries a 2 year sentence for which probation is NOT allowed. i.e. you MUST serve two years in prison...ON TOP of a prison sentence for the Felon in Possession charge. So if the county prosecutor actually had the balls, the person could get MORE time being prosecuted at the state level than the federal level. This is pure politics...


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OC4Me August 31, 2011 at 8:33AM
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The felony firearms, 2-year sentence, is applied when when a perp is convicted of a crime/felony while in possession of a firearm. Example: There was a person sentenced in Genesee Circuit Court a week or two ago that was convicted of carrying a concealed weapon (CCW felony) and with no other charges/convictions, he only received 2 years probation.



rtp August 31, 2011 at 9:00AM
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crime prevention and punishment costs money ........ county residents pay for this through their taxes ............. all the states pay for a federal prosecution and incarceration........... in a state case in genesee county, county residents pay for the judge, prosecutor, jailers, defense attorney and jail ........... if he/she goes to prison, everyone in the state pays for the prison stay ...... i vote it is about time we got our fair share of federal dollars ........ of course, to save money, we could just allow them to do whatever they want ............. how's that been workin' for ya lately?



burtonguy August 31, 2011 at 11:39AM
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I would think one federal case of felon in possession prosecution is mostly symbolic. So, now we have ineffective state cases and symbolic federal ones.

I wish the prosecutors luck because that seems to be the next hope to solve the violence problem caused by people who are immature at any age and have very low emotional intelligence.




JohnofGB August 31, 2011 at 11:52AM
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Burtonguy, I agree 100%. Does anyone really think that a felon who is prepared to shoot someone is scared of a possession charge? The only reliable solution to Flint's crime problem is more police in high crime areas.


ExFlintRes1234 August 31, 2011 at 7:01PM
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Felons convicted on gun charges in Genesee County often are sentenced to probation. Really? Now that's nice to know. Sounds like Genesee County is giving the green light to all convicted felons to come on down (with illegal gun in waistband) and do what you do best, because if you get caught with a gun, the county will slap you on the wrist and tack on a meaningless 2 year probation to your lengthy criminal record! And like a fool, I took a gun course, registered my gun, paid for a background check and finger printing, when all I had to really do was go out and buy a stolen .38 special for $50 and stick it in my back pocket!!!
Post Thu Sep 01, 2011 8:50 am 
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untanglingwebs
El Supremo

Burton Guy is right on as I have looked at many criminal cases only to see the gun charges not prosecuted when the individual is sentenced.
Post Thu Sep 01, 2011 8:51 am 
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