Blacks and Hispanics arrested for possessing an unregistered
weapon are more likely to be charged with felonies, while whites
are more likely to be charged with misdemeanors for the same
offense, according to a study by the state attorney general.
Hollister – Blacks and Hispanics arrested for possessing an unregistered weapon are more likely to be charged with felonies, while whites are more likely to be charged with misdemeanors for the same offense, according to a study by the state attorney general.
Examining four years of data, the study of California’s weapons registration law looked at how the law, which took effect Jan. 1, 2000, is being applied. Under the law, it is illegal for anyone to possess a handgun, or have a gun in the car, if he or she is not listed with the state Department of Justice as the weapon’s owner.
The study by state Attorney General Bill Lockyer prompted calls for changes from the National Association for the Advancement of Colored People, but the state senator who wrote the law defended it.
Slightly more than 41 percent of whites were charged with felonies for carrying concealed weapons in 2003, compared with 69 percent of blacks and 63 percent of Hispanics.
Less than 40 percent of whites were charged with felonies for carrying a loaded firearm in 2003 for which they weren’t registered, while 70 percent of blacks were charged with felonies for the same offense. Nearly 70 percent of Hispanics were charged with felonies in 2003, the most recent complete statistics available.
During the course of the study, the proportion of whites being charged with felonies versus misdemeanors increased at a slower rate than any of the other ethnic groups. The proportion of blacks being charged with felonies for carrying concealed weapons increased 17 percentage points during the course of the study. But the proportion of blacks charged with felonies for carrying loaded weapons decreased 0.5 percentage points.
Charges for both offenses against younger people were more likely to be filed at the felony level, while people over 30 were more likely to receive misdemeanor charges.
The law’s author, state Sen. Jack Scott (D-Altadena) noted that many of those charged with felony possession of an illegal handgun also were charged with other felonies at the same time.
“Perhaps more dangerous individuals are charged with a felony,” he said. “I believe this has led to a reduction in gun violence in our society.”
Alice A. Huffman, president of the California State Conference of the National Association of the Advancement of Colored People, said her organization will work with the Legislature’s black caucus to change the law or its enforcement. She equated the pattern to “racial profiling” with traffic stops and federal drug laws that impose stiffer penalties for crack cocaine than for powdered cocaine.
“We know intuitively that we are being dealt with more harshly than whites. This just reinforces it,” Huffman said. The overall disparity is such that, “I don’t know what else it could be other than race.”
A spokesman for Lockyer said his office is taking no position on the results of its study, just presenting the statistics to the Legislature, as required, for its review.
For more information read the report at http://ag.ca.gov/cjsc/publications/misc/CWSS03/rpt03.pdf
The Associated Press contributed to this report.
Lori Stuenkel is a staff writer. Reach her at 408-847-7158 or [email protected].
