"Mandatory minimum" sentence for firearm theft

[bk42261]

So the punk who broke into our house was caught, and convicted of burglary,(several counts) theft of a firearm, (TWO counts) and the D.A. is agreeing to 3 years all suspended but one!!

The actual sentencing hearing is Tuesday, and I would really like to remind the judge of what the "penalty" is supposed to be.

The rotten little bastard still uses his grandparents' address which is literally right next door, and we are afraid that when he gets released in 8 or 9 months after his "good behavior" he'll be right back around to haunt us.

His grandparents already put up $ 50,000 CASH for his bail, so we certainly expect no help from that angle.

Sorry this is a little disjointed, but I'm pissed at the D.A. for 'rolling over" and would like to be able to quote to the Sentencing Board or whatever the actual U.S. Code for "sentencing guidelines"

TIA for any and all help!

 

[dogtown tom]

So the punk who broke into our house was caught, and convicted of burglary,(several counts) theft of a firearm, (TWO counts) and the D.A. is agreeing to 3 years all suspended but one!!

The actual sentencing hearing is Tuesday, and I would really like to remind the judge of what the "penalty" is supposed to be.

The rotten little bastard still uses his grandparents' address which is literally right next door, and we are afraid that when he gets released in 8 or 9 months after his "good behavior" he'll be right back around to haunt us.

His grandparents already put up $ 50,000 CASH for his bail, so we certainly expect no help from that angle.

Sorry this is a little disjointed, but I'm pissed at the D.A. for 'rolling over" and would like to be able to quote to the Sentencing Board or whatever the actual U.S. Code for "sentencing guidelines"

TIA for any and all help!

The "U.S. Code" is Federal law..........and I'll bet he wasn't charged with burglary under Federal law. You'll need to see what the sentencing guidelines are for your state.

 

[bk42261]

My understanding was that ALL firearms thefts automatically came under Federal law.

 

[Frank Ettin]

This is outside the scope of discussion in the Legal Forum. The OP needs to consult a lawyer in his jurisdiction.

 

[Frank Ettin]

My understanding was that ALL firearms thefts automatically came under Federal law.

I'm sorry, but your understanding is incorrect.

It's a federal crime to steal firearms from an FFL. Even if it had been possible for the U. S. Attorney to seek an indictment and prosecute for a federal crime, it appears that here the subject was charged with a state crime and being prosecuted by the county DA in state court.