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Carry a gun in Philly? Make sure it's yours.
As you can see with the way the bill was altered by the committee before it was reported out, it was neutered even more:

The bill would have tied judges hands behind their backs but they kept section 2 which reads:
"(2) A person sentenced under this subsection shall not
be eligible for parole, probation, work release or furlough."

This means a judge can still suspend the sentence from the bench and use it as a threat and let someone go from the courtroom immediately. The section barring judges from being able to issue suspended sentences was struck. They also removed the ability of prosecutors rs to appeal sentences which are less than two years of actual confinement to have the minimum sentence reimposed.

Then on vehicle carry it says:

"(3) This subsection shall not apply to any person who is
otherwise eligible to possess a firearm under this chapter
and who is operating a motor vehicle which is registered in
the person's name or the name of a spouse or parent and which
contains a firearm for which a valid license has been issued
pursuant to section 6109 (relating to licenses) to the spouse
or parent owning the firearm."

If the bill is passed as-is, all this will do is edit the minimum sentencing guidelines state judges must follow but only in Philadelphia, and it ensures that the VUFA is classed as a felony no matter what so the perp should always show up in PICS and FBI checks (theoretically, anyway).

I don't see an everyday reason why the DA's office would avoid putting this charge on your Sir Thug-A-Lots because most of them are hit with this charge all the time. It just has no effect. If the ADA nolle prossed the charge in exchange for a plea deal on a higher charge then this doesn't apply. It only applies when the charge stays upon conviction and sentencing.

This won't affect all the little thugs that run around Philly but it will result in more of them spending a little longer in lockup. It's not the best case I would have hoped for which would have been a mando of 5 years (which means you don't get to stay in Philadelphia, you get sent immediately to state lockup), and it would have been nicer to keep the section that prevents a judge from being able to divert the sentencing. But that probably would have resulted in the DA's office refusing to use the charge on some gunmen.

Meh. If passed as-is, going forward this erodes more of the claims that there are not tools around to get illegal guns off the street. The tools are there and it's the actions of the DA plus the courts that's causing these scenarios where a thug kills somebody and it's discovered that he's been charged and convicted of VUFA multiple times in a row.

When I was pushing for mandos last year I was getting blowback from the "schools not jails" ultraliberals. I shot back with "what the fuck you want all these gun laws but you also don't want anyone to be prosecuted and sent to jail for it because why... you might discover in Philly many of them will not be white people? Care to explain this line of thought?" and I was met with crickets.
2 years? Bah! 5 or 10 mandatory for illegal possession. No plea deals, no concurrent. 5 or 10... period!

RocketFoot's Minion since 09-07-2012

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