Project Exile
Project Exile was a federal program started in Richmond, Virginia in 1997. Project Exile shifted the prosecution of illegal technical gun possession offenses to federal court, where they carried a mandatory minimum sentence of five years in federal prison under the federal Gun Control Act of 1968, rather than in state court. Note that federal law (18 U.S.C. sec. 922 & 924) provides for a penalty of ten years in federal prison for being a "prohibited person" i.e. a convicted felon in possession of a firearm, as well as for falsifying information in order to obtain one, or furnishing a gun to a convicted felon.
The program has since been copied by several other cities, sometimes under other names. In Atlanta for example the program was known as FACE 5 (Firearms in Atlanta Can Equal 5 years in federal prison).
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[edit] Origin
The program was designed to address gang violence which had long plagued Richmond. At the time of its inception, the level of murders and shootings had regularly increased each year, with Richmond ranking in the top five murder-per-capita rates for the country.
Project Exile was named for the idea that if the police catch a criminal in Richmond with a gun in a crime, the criminal has forfeited his right to remain in this community, the criminal will face immediate federal prosecution and stiff mandatory federal prison sentences (often five years), and will be "exiled" to federal prison for five years.
[edit] Politics
[edit] Support
The National Rifle Association (NRA) and the Brady Campaign were both early and vocal supporters of Project Exile, as were federal and city officials who claimed that Project Exile helped to reduce firearm-related violence in Richmond by 40 percent. The NRA lobbied the U.S. Congress to help secure $2.3 million for emulation of Exile in Philadelphia, Pennsylvania, and Camden County, New Jersey where similar firearms-related violence has plagued the communities.
[edit] Opposition
Opposing Project Exile was a coalition of pro-gun rights groups. A "Project Exile Condemnation Petition" was launched by Brian Puckett of GunTruths.com, Larry Pratt of Gun Owners of America, Angel Shamaya of KeepAndBearArms.com, and former NRA director Russ Howard. Other prominent opponents who were members of this anti-Exile coalition included Jews for the Preservation of Firearms Ownership, the Law Enforcement Alliance of America, Libertarian Party presidential candidate Harry Browne, and sci-fi writer L. Neil Smith. The fundamental reason for this opposition was the argument that, by treating crimes involving firearms as different from other crimes, the firearm itself was "demonized", which served to alienate segments of the American public from guns and those who used them for legitimate purposes. A murder committed with a knife or a baseball bat, they argued, was just as condemnable as one committed with a revolver; the criminal should be punished for the crime, regardless of the means by which it was committed.
From the left, Project Exile was condemned by Families Against Mandatory Minimums [1], and opposed by several members of the Congressional Black Caucus on the grounds that in targeting its enforcement at inner city communities such as in Richmond and Atlanta, and the disproportionate effects the federal gun laws' "prohibited possessor" categories have on African-Americans, Project Exile was racist. In testifying against the reliance on federal mandatory minimum sentences in general, U.S. Congressman Bobby Scott (D-VA) noted that Richmond had a smaller drop in crime during the period Exile was in effect than did Norfolk, which did not have Exile. [2]
[edit] Results
Within the first year (1997-1998) Project Exile resulted in:
- 372 persons indicted for Federal gun violations.
- 440 illegally possessed guns seized.
- 300 persons arrested or held in State custody.
- 222 arrestees (more than 74 percent) held without bond.
- 247 persons convicted.
- 196 persons sentenced to an average of 55 months of imprisonment.
An extensive public outreach and media campaign to educate citizens about lengthy Federal prison sentences for gun crimes and to maximize deterrence was also a critical component of Project Exile.
Project Exile, which was confined to Richmond and surrounding areas, has since been supplanted by Virginia Exile, the Commonwealth's statewide program which carries bail restrictions and imposes a mandatory minimum sentence of five years in a Virginia prison for those who:
- have a prior conviction for a violent felony and are convicted of possessing a firearm;
- are convicted of possessing a firearm on school property with the intent to use it, or displaying it in a threatening manner;
- are convicted of possessing a firearm and Schedule I or II drugs such as cocaine or heroin, or convicted of possessing more than a pound of marijuana with the intent to sell.
[edit] Further Reading
- Daniel C. Richman, "Project Exile" and the Allocation of Federal Law Enforcement Authority, 43 Ariz. L. Rev. 369 (2001).
