Thursday, Jan. 24, 2008

Prince George’s joins fight for strict gun control

County’s state’s attorney says Washington gun laws have helped curb crime

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Prince George’s top prosecutor joined Washington’s legal battle to maintain strict gun laws, citing the positive impact the city’s laws have had on the county.

‘‘If their gun regulations are overturned, I can’t see how it would benefit Prince George’s County,” said county state’s attorney Glenn F. Ivey, who believes the tight controls have helped keep crime down in the District and in Prince George’s.

Ivey was one of 18 district attorneys from across the United States to sign a brief supporting the city’s request that the Supreme Court prevent challenges to local government weapon restrictions.

Since the 1970s, Washington has had some of the strictest gun-control laws in the nation, prohibiting nearly all private ownership of handguns and placing tight limits on rifle and shotgun ownership. The law was recently challenged by security guard Richard Heller, who said the city’s denial of his home handgun permit violated his rights. A federal appeals court upheld his argument in 2006, and the city appealed the decision to the Supreme Court, who will likely hear arguments this spring.

Legal experts say the debate centers on whether the right to bear arms in the U.S. Constitution applies to an individual’s right to own weapons or whether the law is designed for ‘‘well-regulated militias” sanctioned by the government.

In 2005, handguns were used in about 83 percent of the homicides in Prince George’s County, but Ivey said the laws have worked.

‘‘My hunch is that it would be worse” without the limits, said Ivey, who said limits on legal gun purchases prevent the weapons from being re-sold to criminals.

Maryland’s rules for handgun purchasing and ownership are more relaxed than in Washington, where handgun sales have been banned since 1976 and only police officers and select military personnel are issued permits to have the weapons at home. Even those with permits are required to keep the guns disassembled, unloaded and locked when at home.

In Maryland, gun buyers must fill out detailed applications and wait 7 to 10 days for police review before they may purchase a handgun. Police conduct background checks for criminal history and mental hospitalization before signing off on a purchase.

Owners must also apply for a separate permit to carry the loaded weapon outside the home, requiring another police review to determine the owner’s reasons.

The maximum penalty under Maryland law for illegal possession of a firearm is three years in prison. Statewide, first-time offenders traditionally receive 30 to 60 days in jail or probation for illegal gun possession.

In their document of support, known as an amicus brief, the attorneys asked the Supreme Court to uphold Washington’s strict gun laws or face creating ‘‘uncertainty” over whether prosecutors can demand stricter sentences for criminals who use or possess handguns.

Lawyers said criminals and their defense attorneys would argue that they had a legal right to have a gun if local rules limiting possession are called into question by the court.

‘‘Regardless of their outcome, these challenges could ... strain the already slim resources of the courts and criminal justice system,” the lawyers wrote.

E-mail Daniel Valentine at dvalentine@gazette.net

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