Baltimore City state’s attorney: Illegal firearm possession needs firm response
I am encouraged by the bipartisan support of House Bill 481/Senate Bill
889, legislation to increase the maximum penalty for possession of an illegal firearm from three to five years for individuals ages 21 and up. Currently, the discrepancy in sentencing allows 18 to 20-year-olds to receive up to five years and a $10,000 fine for carrying a handgun without a permit, but the maximum penalty is three years and a $2,500 fine for offenders ages 21 and older. This legislation is about equity and levels the playing field for this offense across the board.
Those who support HB 481/SB 889 include elected leaders on both sides of the aisle and, more importantly, people in Baltimore’s most vulnerable neighborhoods, who have seen more bloodshed on their streets than most people will ever see in a lifetime.
It is perplexing to me that anyone would be opposed to giving our judges a broader range to use at their discretion when sentencing someone convicted of illegal gun possession. It is even more concerning that individuals fighting this bill advocate for this continued discrepancy between age groups. Why should a 20-year-old face more time for an illegal firearm than a 21-year-old? The weapon is equally dangerous in both of their hands. What sense does it make to impose a steep fine on the young adult offender but only a portion of that fine against older adult offenders?
To be opposed to this five-year maximum — which, to be clear, is not a mandatory minimum — sends the message that illegal firearm possession is not a big deal. I would argue that no one who feels that way has ever spoken with a grieving mother who lost a child to gun violence. They have never seen the trauma on a child’s face after a classmate is gunned down in broad daylight.
HB 481/SB 889 allows us to take a firm stance in the type of case that is often a person’s first conviction. We must make an impression that illegal firearm possession is an unacceptable violation that is not worth the risk. The trauma of gun violence is far more damaging to our community than the possibility of a five-year prison sentence. I would rather prosecute an offender for carrying a handgun without a permit, and secure a sentence of several months in jail, than see them before the court after they have taken a life and we are compelled to argue for decades behind bars.
The passage of the Justice Reinvestment Act in 2016 allows individuals convicted of misdemeanor offenses, like wearing, carrying or transporting a handgun without a permit, to serve 25% of their sentence. This means most offenders serve an average of nine months in jail before being released, which equates to time served, given that most people will spend that period waiting at local facilities before being brought to trial. However, 25% of a five-year sentence is 15 months, allowing a sentence to the Division of Corrections and access to facilities with more structure and support services.
We are not talking years — but months — and only if a judge imposes the full five years. I also fully support creating a pathway for individuals sentenced under this law to request probation before judgment after successfully completing at least three years of probation. This disposition will allow an avenue for expungement of the conviction. My goal is to help save lives by making an impactful impression on the perpetrators of gun violence in our city. In 2022, of the 333 homicide victims, 138 had prior arrests for gun crimes. How many of their lives could have been saved simply by not being back on the streets or because they received essential resources at a state facility and returned as a productive member of society?
We have witnessed over 2,667 homicides from 2015 through the end of 2022, with approximately 90% involving firearms. That should be the focus: reducing gun violence in Baltimore. My priority as state’s attorney is not to use Baltimore as an experiment for untested policies of criminal justice scholars. I am in this position to hold criminals in Baltimore accountable — full stop. While HB 481/SB 889 is certainly not a cure-all for the deep systemic issues we face regarding violent crime, it is common sense legislation, and the people who want to prioritize public safety in Baltimore should support it.