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5 Years, No Parole for Past Felons
Does "AUTOMATIC5" Unfairly Target Black Community?
By D. Morton Glover
 On Tuesday, Baltimore City State's Attorney Patricia C. Jessamy was joined by Maryland's Lieutenant Governor Kathleen Kennedy Townsend, Maryland's Attorney General Joseph Curran, Baltimore City Mayor Martin O'Malley, and Baltimore City Deputy Police Commissioner Barry Powell at the War Memorial Building as she announced "AUTOMATIC5."
AUTOMATIC5 is the name of the new advertising campaign, donated by Gray, Kirk/VanSant Advertising and Public Relations, Inc. It is geared toward informing the Baltimore community about Maryland's new gun law that takes effect on October 1, 2000.
The new law (section 449 of Senate Bill 211, the "Responsible Gun Safety Act of 2000") states, "a person who was previously convicted of a crime of violence as defined in [section] 441(E) of this article or convicted of a violation of [section] 286 or 286A of this article, and who is in illegal possession of a firearm as defined in [section] 445(DX1XI) and (II) of this article, is guilty of a felony and upon conviction shall be imprisoned for not less than five years, no part of which may be suspended and the person may not be eligible for parole. Each violation shall be considered a separate offense."
"The rules are changing," said Jessamy. "Maryland has a new gun law that carries an AUTOMATIC5 year sentence. No one, no prosecutor, no judge can reduce the sentence."
She added, "This new law, combined with Lieutenant Governor Kathleen Kennedy Townsend's GunStopper program which pays citizens to anonymously report illegal guns, and Maryland's Ceasefire which targets high risk offenders, will provide us with additional tools to reduce the high number of murders, shootings and guns being carried in Baltimore City."
When asked if she thought this new law disproportionately affects the Black community, the City's State's Attorney said, "No, I think the Black community is the victim. The Black community has some of the most hard-working, law-abiding citizens. This law applies to every community. We want to make sure the law-abiding citizens are protected, and we want everyone to be informed."
Deputy Commissioner Barry W. Powell agrees.
"No, it is not unfair toward the Black community."
The African American Baltimore City Police veteran continued, "We need a mechanism in place to end the handgun violence that is currently destroying the Black community through shootings and murders. The requirements of this law affects those persons already convicted of a violent crime, i.e. felony hand gun charge, felony drug conviction."
However, questions remain. Even in light of the fact that Baltimore City is among America's most violent, will this new law truly help end the violence? Is it unfair toward those individuals who may have made a mistake in the past and have since turned their lives around? Is it a mechanism to increase the State's prison population? Is this new law Baltimore's version of the Rockefeller Drug Laws in New York? Could such advertising resources be better utilized by promoting drug treatment services and programs such as Penn-North Acupuncture Clinic, the Bright Hope House, "I Can't We Can" or "Recovery Kings II"?
Kurt Graham, president of Woodbourne-McCabe Community Association agrees that something needs to be done with respect to the violence in Baltimore.
He did question, however, the role of the correctional system.
He said, "Once these Black youth who are headed in the wrong direction are stopped, the correctional system needs to also play its part in rehabilitating them."
Chlorice Hooker, Woodbourne-McCabe's vice president, added another perspective.
"Racial profiling is a given," she said.
She added, "Even though this new law will no doubt continue along the same lines as other laws which disproportionately affect the Black community, something must be done to end the violence plaguing Baltimore. Regardless of who they are, if they break the law, especially with the knowledge of the law, they should be prepared to deal with the consequences."
Prominent attorney and former judge William H. "Billy" Murphy, Jr. maintains a stronger position. He said that this law poses a challenge to the overall community, including defense attorneys and judges.
"Instead of getting smarter and smarter about what to do about crime, we get dumber and dumber. Instead of trusting the judges we elect to do their jobs, we tie their hands by coming up with yet another mandatory minimum sentence which will again prevent judges from doing the right thing under the unique facts of a specific case."
The nationally recognized attorney added, "This is not only dumb, but morally wrong. Hundreds of good people, probably Black, will pay an unfair price because of our stupidity and our lack of regard for individual dignities. These laws are passed out of anger and fear, rather than our highest intelligence, knowledge, wisdom, and spirituality.
We need to understand that anger and fear are the winds which blow out the lamp of the mind."
The "AUTOMATIC5" public awareness campaign will utilize newspapers, the internet, posters, brochures, business cards, outdoor billboards, transit boards, radio, nightclubs, television and theatres to inform citizens across the city of the new law.
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