Posted on 01/25/2005 9:44:51 PM PST by atomic_dog
Racial disparity seen in gun charges
Blacks more likely to face felonies than whites
By DON THOMPSON
Associated Press
SACRAMENTO - Blacks are far more likely to be charged with felonies and whites more likely to be charged with misdemeanors for the same offense of possessing an unregistered weapon, a study by the state attorney general shows.
The study is prompting calls for changes from the National Association for the Advancement of Colored People, but the state senator who wrote the law defended it and the flexibility it affords prosecutors.
The study examined four years of data on how a law that took effect Jan. 1, 2000, is being applied. The law makes it illegal for anyone to possess a gun if they are not registered with the state Department of Justice as the owner of that firearm.
Less than 40 percent of whites were charged with felonies in 2003 while more than 70 percent of blacks were charged with felonies for the same offense. Nearly 70 percent of Latinos were charged with felonies in 2003, the most recent complete statistics available.
The racial disparity has eased somewhat over the four years, the report found.
The proportion of whites charged with felonies increased 7.3 percent; the proportion of Hispanics increased 8.3 percent; and the proportion of blacks dropped 0.5 percent, the study found.
It also found the ''vast majority'' of those charged under the law were men, and those under 29 were most likely to be charged as felons and those over 30 the least likely.
The law's author, state Sen. Jack Scott, D-Altadena, noted that many of those charged with felony possession of an illegal handgun also were charged with other felonies at the same time.
''Perhaps more dangerous individuals are charged with a felony,'' he said. ''I believe this has led to a reduction in gun violence in our society.''
The law was sought by police, and has been praised by them for getting violent criminals and illegal guns off the street, Scott said. Neither the California Police Chiefs Association nor the California District Attorneys Association responded Monday to requests for comment from The Associated Press.
Scott said he left in the option of a misdemeanor charge in the event the individual has a good excuse for possessing an unregistered weapon, for instance if the weapon is properly registered in the name of a spouse or other close relative.
''I obviously am not at all interested in seeing anything applied in a discriminatory way,'' Scott said. He said the enforcement patterns may need more analysis.
Alice A. Huffman, president of the California State Conference of the NAACP, said her organization will work with the Legislature's black caucus to change the law or its enforcement.
''This definitely comes to the top of our agenda for 2005,'' she said.
She equated the pattern to traffic stops that disproportionately target racial minorities and federal drug laws that impose stiffer penalties for crack cocaine than for powdered cocaine.
''We know intuitively that we are being dealt with more harshly than whites. This just reinforces it,'' she said. ''Not only is it unfair, it destroys a lot of our young men who ought to be treated on the same basis as others.''
While the percentage of whites charged as felons has grown, the statistical shrinking of the proportion of blacks charged as felons ''is so small it's irrelevant,'' Huffman said. The overall disparity is such that, ''I don't know what else it could be other than race.''
The report highlights the racial disparity, emphasizing portions with large, boldface print: ''Blacks were proportionately most likely to be filed on at the felony level, followed by Hispanics, other race/ethnic groups, and whites. This pattern exists throughout the period shown.''
But a spokesman for Attorney General Bill Lockyer said his office is taking no position on the results of its study, just presenting the statistics to the Legislature, as required, for its review.
While there are many issues raised here I posted this because before today I did not know that I am a felon.
I think there are a lot of people that don't know they are felons once all the gun laws are found out.
/sarcasm
Congressman Billybob
Missing in this half assed report...is the PRIOR record of those found in possession of unregistered firarms..
I would think that any reporter wishing to make an HONEST report would have included that little tidbit -- instead of attempting to make this a racial or ethnic issue..
Semper Fi
I would be curious about the numbers when divided into more groups, based on both age and skin pigmentation?
Okay, I live in another state, and let's just say I go visit California and bring a gun with me that was purchased elsewhere, and is therefore NOT registered with the state DOJ. Am I a felon? What if I just want to enjoy some hunting and then go home? How does this square with the FOPA of 1986? I'm sure I could get some straight answers to these and other questions if I asked the state DOJ offices. /sarcasm
And to think people ask me why I moved out of California.
I don't recall the percentage of Blacks who have criminal records but it is very high.
Uh that's not what the article said. The law's author, state Sen. Jack Scott, D-Altadena, which made criminals out of thousands of law abiding gun owners, asserts that "many" of those charged with felony possession of an illegal handgun also were charged with other felonies at the same time.
"Perhaps more dangerous individuals are charged with a felony," he said. "I believe this has led to a reduction in gun violence in our society."
Many? Perhaps? He believes? Sounds like hard empirical evidence to me...
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