When ‘Violence’ is Nothing More Than Having a Gun
To hear Second Amendment devotees talk, you would think almost nothing is more sacred in America than the right to bear arms. But in reality, if you happen to have a criminal record, merely possessing a firearm could get you arrested — and even labeled as a “violent criminal” regardless of whether you’ve hurt anyone.
This is especially true for Black people and other minorities. Let’s consider what happened to Lil Wayne. The famous rapper and hip hop artist was arrested Nov. 17 by federal agents and now faces a maximum of 10 years in prison. His crime? He had a gold-plated 45 caliber handgun, that had never been fired and was given to him as Father’s Day gift, with him in a private jet.
The rapper, whose real name is Dwayne Michael Carter Jr., had a previous run-in with the law on his record. In 2007, New York City police officers found him outside a tour bus in Manhattan, smoking marijuana and in possession of a gun that belonged to his manager. Based on New York City’s strict anti-gun laws, the music star was charged with a felony for having the weapon on his person.
Under federal law, it is illegal to possess a firearm if you have any kind of felony on your record. It does not matter what for. Ostensibly, this is a measure intended for public safety, but in practice, guns are remarkably easy to acquire, and many people who have had legal mishaps of one kind of another simply do not realize they are not permitted to have one.
The Feds know that people could be at this informational disadvantage, which is especially useful for them in the War on Drugs. When federal agents arrest defendants for drug crimes, it is not uncommon for them to search for guns and tack on charges for that, too. Under a practice known as “924(c) stacking,” prosecutors can pile on heavy mandatory minimum sentences when they pair drug and gun charges.
The gun charge could pack an extra punch for defendants, too: It may result in them being labeled as “violent” by the prison system, resulting in perhaps a higher security level or reduced privileges.
In one memorable instance, a man named Weldon Angelos in 2004 was sentenced to 55 years in federal prison for dealing $700 worth of marijuana. The time swelled because he was found to carry a handgun with him to two of the deals, and had more guns at home. He was not accused of using or brandishing any of the guns. The absurdity of Angelos’ draconian sentence prompted his judge to speak out about mandatory minimums for gun charges in connection with drug offenses.
In a controversial practice known as a “stash house sting,” federal agents use informants to persuade defendants to rob fictional drug dealers, and then arrest the individuals when they show up at the scene. To pack on charges and extra years in prison, the defendants are often also told to bring a (usually illegal) firearm with them for “safety.” Judges have decried the practice as similar to entrapment, and have called out its heavy use in minority communities, preying on disadvantaged people.
Gun charges are just one of the ways that prosecutors have the deck stacked in their favor, and against a defendant. This is one of the reasons why it pays to have a strong advocate on your side if you find yourself targeted by law enforcement.