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Minnesota
Related: About this forumDuluth NAACP demands dismissal of man's gun charge
https://www.duluthnewstribune.com/news/local/duluth-naacp-demands-dismissal-of-mans-gun-chargeHoly shit, what a mess.
The St. Louis County Attorneys Office is prosecuting Cooper for illegally possessing a firearm that he found in his dead brothers car in July. Cooper wrapped the handgun in a sweatshirt, placed it inside a secure door in his apartment building and called his parole officer to retrieve it.
That is illegal under the letter of the law, as Cooper is prohibited from possessing any firearm, and state statute does not allow exceptions for brief or accidental possession. But the Duluth Branch of the NAACP labeled it unjust and took to the steps of the courthouse to demand that County Attorney Kim Maki exercise prosecutorial discretion and dismiss the case.
(snip)
Maki acknowledged the NAACPs perspective, but said her office will not shortcut our responsibility to the public to ensure a thorough investigation of this matter. She added that any allegations of racism are unfounded.
We stand by the decision to charge Mr. Cooper for violating the law based on the evidence we had at the time, Maki said in a statement. The statute at issue in this case is a strict liability statute, meaning that the possessors intent isnt an element of the crime. Rather, if a prohibited person is in possession of a firearm or ammunition, whether they intend to or not, they have violated the statute.
Mandatory minimum of five years, up to 15.
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Duluth NAACP demands dismissal of man's gun charge (Original Post)
WhiskeyGrinder
Apr 2023
OP
It wouldn't have to be a mess if the County Attorney showed some common sense
dflprincess
Apr 2023
#3
OldBaldy1701E
(6,338 posts)1. Hmm...
The statute at issue in this case is a strict liability statute, meaning that the possessors intent isnt an element of the crime. Rather, if a prohibited person is in possession of a firearm or ammunition, whether they intend to or not, they have violated the statute.
Gee, I wonder why it was written that way?
Chainfire
(17,757 posts)2. It would take a huge asshole to prosecute that.
dflprincess
(28,468 posts)3. It wouldn't have to be a mess if the County Attorney showed some common sense
along with "prosecutorial discretion". I have a feeling Mr. Cooper would have been charged even if he had called police the second he saw the gun in the car.
PlutosHeart
(1,445 posts)4. Indeed. Duluth is in a fight for its soul.
This is just one thing to be made an example of to further cause issues.
sarisataka
(20,983 posts)5. Common sense
Is quite uncommon.
Would it have made a difference if he left it in the car and made the call? Probably not, since the car was also in his possession.
Don't punish people on a technicality for doing the right thing.
geardaddy
(25,341 posts)6. Here's a petition
https://www.change.org/p/justice-for-steven-cooper-tell-st-louis-county-prosecutor-kim-maki-to-drop-the-charges
It's sponsored by the Duluth Chapter of the NAACP
It's sponsored by the Duluth Chapter of the NAACP