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Hypocrisy Gets You a Lighter Sentence?

It seems that as long as you have the right political views, you can break gun laws and get a slap on the wrist. If you don’t, you’ll end up facing serious charges and years in prison.

Compare these two situations:

1) In New York, an activist who promoted the SAFE Act that made carrying a gun on school property a felony even if the person has a license to carry, decided to carry his gun to a school after the gun control law took effect.

When the school was raided by SWAT officers and went on lockdown for a call about a man with a gun in the building, Dwayne Ferguson did not disclose that he had his gun. It was only when officers started patting down every person in the school did they find his gun. The school noted in their statement that he had an opportunity to disclose his possession to officers, and he chose not to do so, forcing everyone else to face a search.

For his refusal to disclose his accidentally carried, and otherwise licensed, firearm into a prohibited place, Ferguson’s charges were dropped from felonies and he received community service with a conditional discharge.

2) In New Jersey, a single mother from Philadelphia crossed a bridge with her license to carry a gun issued by Pennsylvania thinking that it applied across the border. It did not. When she was pulled over for a vaguely state violation, she willfully disclosed to the officer that she was a licensed gun owner.

For her cooperative attitude during her accidental carry situation, he had her arrested and the prosecutor considers her, as an otherwise lawful gun owner, such a danger to the community that he refuses to even consider the idea of a diversion program because it would mean she would not be put behind bars for years.

It would appear that having the right political views can go a long way in convincing a prosecutor not to press charges in these gun control cases.

2 Responses to “Hypocrisy Gets You a Lighter Sentence?”

  1. Lance Lot Link says:

    From the Volokh Conspiracy:

    Mass. D.A. drops criminal charges against political protesters because he agrees with their political opinions.

    Quote:So the message is clear: If you are engaging in legal behavior that Bristol County D.A. Sam Sutter sufficiently dislikes, and people are criminally interfering with this behavior, don’t expect the criminal law to protect you by deterring such misbehavior; and if you are committing a crime to express a viewpoint that D.A. Sutter likes, you could be free of criminal prosecution. Next stop — no criminal prosecution of people who blockade fur shops? Gun stores? Any other business that the D.A. believes isn’t worthy of full legal protection?

    Link:
    http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/09/22/mass-d-a-drops-charges-against-protesters-engaged-in-illegal-blockade-because-he-agrees-with-their-political-opinions/

  2. Brad says:

    And let’s not forget the infamous unidicted gun-criminal, David Gregory. Apparently if you are on the right side politically you can violate gun laws without any legal peril, even if an audience watched the crime on nationwide TV.

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