Why keep criminals in jail. When we enforced the “Three Strikes” law, crime went down in California. When we enhanced penalties for using a gun while committing a crime, crime went down.
Now the Democrats are trying to do their best for their coalition, which includes criminals—keep them out of jail and you get their votes.
“A bill was introduced in January to restore the mandatory 10-20-Life firearms enhancements law, ensuring that anyone who brandishes, discharges, or inflicts great bodily injury with a firearm during the commission of a specified violent felony will be held accountable.
This sounds reasonable as well as justifiable.
However, the Globe has learned that AB 328 by Assemblyman Bill Essayli (R-Corona) will likely be killed in the Assembly Public Safety Committee next week by gun control Democrats, in a fit of hyper-partisanship, despite that the purpose of this bill is to get guns out of the hands of criminals, and to keep those who misuse firearms behind bars. Assemblyman Reggie Jones-Sawyer (D-Los Angeles) heads up public safety.
Democrats Planning to Kill Bill to Restore Firearm Sentencing Enhancements
AB 328 would get guns out of the hands of criminals and keep those who misuse firearms behind bars
By Katy Grimes, California Globe, 3/4/23
A bill was introduced in January to restore the mandatory 10-20-Life firearms enhancements law, ensuring that anyone who brandishes, discharges, or inflicts great bodily injury with a firearm during the commission of a specified violent felony will be held accountable.
This sounds reasonable as well as justifiable.
However, the Globe has learned that AB 328 by Assemblyman Bill Essayli (R-Corona) will likely be killed in the Assembly Public Safety Committee next week by gun control Democrats, in a fit of hyper-partisanship, despite that the purpose of this bill is to get guns out of the hands of criminals, and to keep those who misuse firearms behind bars. Assemblyman Reggie Jones-Sawyer (D-Los Angeles) heads up public safety.
“Rise in violent gun crime is unacceptable and we need serious consequences for those who use guns to hurt others,” Essayli said on Twitter Friday. “I introduced #AB328 which requires mandatory prison time for anyone who uses a gun during a violent crime. The @ACLU_CalAction is OPPOSED to my sensible gun law.”
“They argue that locking up the most dangerous criminals has no public safety benefit and is inherently racist” Essayli said. “That’s ridiculous. Crime rates plummet when we remove the most violent criminals from society. If you wanna talk about racism, let’s talk about the victims.”
“The Gun Control lobby once again epically fails on public safety when they don’t support common sense firearms crime control bills such as AB328,” Rick Travis, Director of Government Affairs for the California Rifle & Pistol Association told the Globe. “They show their true intent when they are more concerned with how criminals feel while they seek to disarm law abiding citizens.”
A 2021 advisory committee to Gov. Newsom recommended California allow inmates to request lighter sentences after serving at least 15 years, largely because the committee claimed 99% of those given a gang enhancement in Los Angeles County are people of color, as part of Newsom’s criminal justice reforms.
AB 328 counteracts that sentiment. And as Essayli said, “The majority of violent crime victims are minorities. For example, Black Americans make up 14% of the population, but 32% of all violent crime victims and 54.4% of homicide victims. These victims are the true disenfranchised members of society, not the criminals murdering them.”
Gov. Gavin Newsom has signed laws to reduce sentence enhancements for the purpose of reducing prison sentences because of “extreme racial disparities.” But as Essayli notes, Newsom and Democrats are only focused on the criminals committing the crimes and their sentencing, and not on the victims.
The fact sheet for AB 328 explains in detail:
Existing law provides for the “10-20-life” law relating to the use of a firearm in the commission of a felony listed in Penal Code Section 12022.53. Under that law, any person who personally used the firearm may receive a separate and consecutive enhancement of 10 years. Additionally, any person who intentionally and personally discharges a firearm may receive a separate and consecutive enhancement of 20 years.
Finally, any person who discharged a firearm at an inhabited dwelling or aircraft (Penal Code § 246), or discharged a firearm from a motor vehicle (Penal Code § 12034(c) or (d)) who intentionally and personally discharges a firearm that proximately causes great bodily injury on a person, other than an accomplice, may receive an additional and consecutive enhancement of 25 years to life. These enhancements apply only if the defendant personally committed the felony and personally “used,” discharged, or inflicted great bodily injury with the firearm. Therefore, accomplice (“principal”) liability is excluded, with one exception. If a violation of the Street Terrorism Enforcement and Prevention (STEP) Act is pled and proved, accomplice liability is permitted.
These penalties apply to firearms offenses committed during the commission of the following felonies: Murder, Mayhem and aggravated mayhem, Kidnapping (including, kidnapping of a minor, and kidnapping with the intent to commit a sex crime, kidnapping during the course of a carjacking and kidnapping for ransom or extortion, Robbery, Carjacking, Assault with intent to commit a specified felony (mayhem or sex crimes), Assault with a firearm on a peace officer or firefighter, Rape and spousal rape, Rape or penetration by foreign object in concert with another, Sodomy, Lewd acts on a child, Forcible oral copulation, Forcible penetration by foreign object, Assault by a life prisoner, Assault by a prisoner with a deadly weapon, Holding a hostage by a prisoner, Any felony punishable by death or imprisonment in the state prison for life; Any attempt to commit a crime listed in this subdivision, other than an assault.
