Prosecutorial Malpractice

As recently brought to my attention by one of my favorite weekly columnists, Philadelphia District Attorney Larry Krasner has declared that "We do not believe that arresting people and convicting them for illegal gun possession is a viable strategy to reduce shootings."

A self-described "progressive prosecutor," Krasner surprises no one when he points out that "people of color are disproportionately stopped in Philadelphia and arrested for illegal gun possession in Philadelphia and statewide" as a reason for not prosecuting.

At this point, it's worth noting that there are two different forms of illegal gun possession. There is inadequate credentialing, and there is individual disqualification.

First, the credentialing. In twenty-five states, an individual requires no paperwork of any sort to carry a firearm. In an additional seventeen, such paperwork (i.e. a concealed carry permit) must be issued to anyone who applies or one and is not specifically disqualified. Eight states engage(d) in what’s called “may issue” permitting, where the issuing agency could deny a permit without reason. Despite the Supreme Court’s recent Bruen ruling invalidating that practice, some are fighting tooth-and-nail to keep denying permits, with years of court battles anticipated in resolution of the dissonance.

Long story short, half the states in the nation require paperwork for carrying a pistol, and you’re in trouble if you don’t have it. That some of these states don’t recognize other states’ paperwork makes things more complicated. If you are caught carrying in Philadelphia and lack a Pennsylvania pistol permit, you're in trouble. Philadelphia recognizes no out-of-state permits. Getting that permit may be, by one report, "ridiculously easy," but not having the paperwork in the wrong place at the wrong time can get you in dutch with the authorities, no matter that you’ve done nothing wrong otherwise.

Second, the disqualification. If an individual has been convicted of a felony, or is subject to an order of protection, is currently under indictment for a felony, is a fugitive, is a user of any controlled substance, is a user of marijuana (even in a state where it's legal), adjudicated as a mental defective, was ever committed to a mental institution, was dishonorably discharged from the armed forces, is under an order of protection re a partner child, renounced US citizenship, or is an illegal alien, that individual is debarred from purchasing or possessing firearms.

Thus, someone with a felony record in possession of a firearm is guilty of more than mere credentialing violations. While there is a debate to be had as to whether felons should have their 2A rights restored after paying their debt to society, there's little support for gangbangers fresh out of prison being allowed to carry guns, and even from a liberty perspective, if part of the punishment for a violent crime is life-long loss of 2A rights in addition to whatever incarceration is prescribed, that represents a legislative consensus as to what to do to those who violate others' rights. No tears shed here.

So, two types of possession busts. One picayune, the other significant.