TN’s ‘weak’ gun laws need to get stronger, cops and DAs say

By Jared Allen, NashvilleCityPaper.com
March 01, 2007

Looking to remedy the “severely weak” gun laws that have vexed Tennessee police, prosecutors and sheriffs for the last two decades, the state’s leading law enforcement officers on Wednesday joined with members of the general assembly to push for a package of mandatory minimum sentences for gun-toting criminals.

Davidson County District Attorney General Torry Johnson was one of dozens of law enforcement officials at the State Capitol on Wednesday morning, calling for three new laws – a repeal of the 30 percent sentencing law for most gun crimes, a bill to heighten criminal charges for gang crimes, and a proposal to add 64 assistant district attorney positions across the state. As the busiest judicial district in the state, Johnson’s office would benefit most strongly from additional prosecutors, he said. But the proposal he spoke most passionately about was what officials have called the “crooks with guns,” law, which would impose mandatory minimum sentences – with no possible parole avenues – for individuals who use firearms to commit felonies, individuals who are in possession of guns while committing felonies, and for prior felons who are found in possession of illegal weapons.

"Our gun laws are severely weak," Johnson said. "In 1989 we re-wrote the criminal code and the gun penalties were substantially watered down then. And this was at a time, too, when urban crime was starting to increase. So we did it at the wrong time."

That has hamstrung prosecutors and police officers for too long, Johnson and others including Metro Police Chief Ronal Serpas.

"We've had to rely on the federal government to come in and basically go after the worst of the worst, because the state laws are so anemic we don't have an effective deterrent," Johnson said.

As a result, police and prosecutors from Memphis to Johnson City arrest and lock up scores of gun-wielding criminals every year only to later find them back on the street.

"Nashville police officers and our neighborhoods are fed up with arresting the same convicted criminals over and over again," Serpas said, noting that 60 percent of the 13,168 individuals his officers arrested last year for crimes such as murder, robbery, aggravated assault, burglary, drug charges and weapons charges had prior convictions on their records.

"And during the past two years, 256 persons right here in Davidson County fell victim to the violent acts of repeat offenders," Serpas said.

While the gun bill would lead to longer prison sentences, members of the Tennessee Coalition for Public Safety, the group of state prosecutors, police chiefs and sheriffs that pushed for the three bills did not consult with State Correction Commissioner George Little about the impact the law would have on the state's prison system, either in terms of cost or capacity, Johnson said.

"We know it's expensive. There is no question about that," Johnson said. "But it's important not to underestimate the deterrent factor."

As Johnson's counterpart in Shelby County, District Attorney William L. Gibbons, said, other states that have enacted similar laws have actually seen their prison rolls decrease, partly because of enhanced deterrence, he said.

"The state of New York, in 1994, enacted very tough laws to deal with violent crime," Gibbons said. "Violent crime went down 58 percent in the next 10 years. And today there are fewer people serving in prison in the state of New York than there were in 1994."

The lead sponsor of the "crooks with guns" bill, Senate Republican Leader Mark Norris, R-Collierville, agreed.

"The notion that we need to shy away from legislation like this because of the projected cost, really rings hollow because, in fact, if we're successful at giving law enforcement the tools they need to do their job, their job will become simpler, and there willl be less people to incarcerate."

Norris, as well as Rep. John J. DeBerry Jr., D-Memphis, said the Legislature has to step up to the challenge of making Tennessee's cities and streets safer.

DeBerry is sponsoring the House versions of both the gun sentencing law, as well as the "street terrorism bill," which would force more serious charges and sentences upon those who commit violent acts in groups of two or more.

"Many of us in Tennessee are in a state of denial. We're in denial about the fact that criminal activity by professional, criminal gangs is on the increase," DeBerry said. "And we've got to take a stand."

Because the legislative package was not included in Gov. Phil Bredesen's budget for next year, Norris said it may be a challenge to pass any of the bills this year.

So what we have to do is work to change some of the Legislature's priorities with some of these funds in this session, but we may not be met with success until next year," Norris said.