Mandatory Jail Time Proposed For Illegal Guns In Baltimore

BALTIMORE, MD - As the homicide count climbs in Baltimore, city officials and community leaders are looking to the change the law as a way to deter crime.

Baltimore Mayor Catherine Pugh announced Friday that she's proposing a bill requiring a year of jail time for illegal possession of a gun.

The legislation would apply to those possessing an illegal gun within 300 feet (or 100 yards) of a park, school, church, public building or other place of public assembly.

The measure comes as the number of homicides in the city is over 180 as of mid-July.

"Nearly 90 percent of the murders this year have been committed using a handgun," Pugh said. "The guns used in these crimes are not legally registered as required by Maryland law."

While possessing an illegal gun would still be a misdemeanor crime punishable by a year in jail and up to a $1,000 fine, Pugh said: "We would like to make it illegal to carry a handgun in Baltimore, and we would like to make it a felony."

Nearly 60 percent of gun penalties were suspended in court last year, said the mayor, explaining there was a need for local legislation for Baltimore.

"We're doing what we can do now, while we also prepare for [the Maryland General Assembly in] January, when we can do more," Pugh, a former state senator, said Friday.

Large cities including Los Angeles, Chicago and Washington, D.C., have the same measure in effect, she said.

To stem the tide of crime, Baltimore was looking to Los Angeles as a model, Pugh said, particularly as part of its consent decree with the Department of Justice. The Baltimore Police Department entered into an agreement with federal justice officials after an investigation following the death of Freddie Gray found patterns and practices unconstitutional within the police department.

There were 344 murders in 2015, the year that Gray died in police custody and riots broke out after his funeral in late April. The homicide count was 318 last year.

"The murders have got to stop," said Baltimore City Council President Jack Young. He announced he will be filing legislation at Monday's council meeting calling for increased penalties for illegal handgun possession, stating: "We will not stop" until it is five years in jail and a felony for those illegally possessing a handgun.

The police commissioner worked to dispel some misconceptions that people have about the current laws.

Police Commissioner Kevin Davis said that many do not know that current laws and judges let illegal trigger pullers off the hook.

"Folks assume it's a felony. Folks assume it's a violent crime to illegally possess a gun. It is not. And many people believe that there are mandatory sentences upon conviction of illegally possessing a gun. There are not," Davis said.

Illegal handgun possession results in less jail time than possessing 10 grams of crack cocaine, he added, and in 60 percent of cases last year sentences for illegal gun possession were suspended.

"Our goal is to ensure that the right people are behind bars," Davis said. "In Baltimore, the right people are those who want to harm you, harm your son, harm your daughter, your friend and harm your community."

The problem was not with those who legally possess guns but with those who have unregistered firearms, he said.

There were 318 murders in 2016 and 84 percent were committed using handgun.

"It's a problem," Davis said.

There have been 185 murders this year, Davis said Friday, 86 percent of which were committed using guns.

"Baltimore City does not have a problem with people who legally possess handguns killing people. We do not," Davis said. "Our problem continues to be those who illegally possess handguns and when they are prosecuted, they possess no consequences."