Mandatory Prison for Felony Firearm Could End
Under current Michigan law, a felony firearm conviction means that someone had a gun in their possession when they committed a felony. Even if the gun was in no way involved in the crime itself. In fact, a gun simply had to be present, in the possession of the person committing the crime, in order for that individual to be charged with felony firearm. And a felony firearm conviction means a mandatory two year prison sentence, which is Michigan’s current sentencing guideline. But House Bills 4419 and 4420 are looking to change that.
The new bill package, if passed into law, would put an end to the mandatory felony firearm sentences. I would give Judges more discretion and freedom when sentencing individuals convicted of this particular crime. But in what way does this new proposed law intend to address the issue of guns carried during the commission of felonies?
The bills would act in concert, not just eliminating the mandatory 2 year sentencing guideline, but amending it to give Judges the choice of whether to sentence for that conviction, and how to apply the sentence. This could mean, for example, either no sentence for the felony firearm conviction, or a sentence that runs concurrently to the sentence for the other felony committed.
Supporters of this bill are pointing out the incredible difference it would make to Michigan’s taxpayers. Because felony firearm convictions typically extend an inmate’s prison stay, this legislation could free up thousands of dollars in incarceration costs. According to Kyle Kaminsky, an employee of the Michigan Department of Corrections, this could mean up to 2,500 prison beds emptied two years faster.
Barbara Levine from the Citizens Alliance on Prisons and Public Spending also supports the bill package. She says that should new law be passed, it will greatly reduce the number of people who are imprisoned. That, she claims, is good for the convicted individuals, the prison system and the residents of Michigan who end up paying for it all.
It has also been pointed out by supporters that the state’s 1977 felony firearm statute, which put in place the two year mandatory sentence, has made little if no difference to the number of guns used during the commission of crimes. This was, apparently, one of the reasons the original bill was supported to begin with.
But for all of the fiscal improvements it could offer Michigan and it’s residents, the bills have met with strong resistance. Prosecutors around the state have spoken out against losing their ability to decide on appropriate sentencing when choosing charges. And they have the Michigan Attorney General’s ear.
Bill Schuette has also said that he is not in favor of “watering down” the felony firearm laws, as he put it. “The unlawful use of a gun in the commission of a crime greatly increases the threat to victims, showing a reckless disregard for life that should be taken very seriously.” So it remains to be seen how this bill package will fare, but we will keep you posted on its progress.