Judge Bean Calls For Tougher Laws On Gangs And Youth With Guns

Tuesday, April 27, 2010

City Court Judge Russell Bean said gangs in Chattanooga are making the city unsafe, and he said tougher laws are needed on gangs and youths with guns.

He said he has proposed several upgrades in the law, including making it a felony to steal a gun during a burglary. He said many guns used by young criminals were taken in burglaries.

Judge Bean also said a stiffer law is needed to deal with drug dealers who furnish guns to young people.

And he said gangs should be considered organized crime.

He said it should be a misdemeanor offense for someone to say they belong to a gang.

Judge Bean said, "I would like to commend those local political leaders who have come forward to recognize that there is a gang problem in Chattanooga and Hamilton County. I not only believe there is a gang problem but there is also a problem with juveniles with guns who are not in a gang.

"There have been more than 30 shootings in Chattanooga this year with not all but many of them involving youth gangs and juveniles. Our schools, parks, and streets have become unsafe and it is high time that Chattanooga make this the number one priority for correcting.

"These problems are national problems as well but I feel as though we must face them locally as other communities have. Some tend to ignore the problems or try to explain them away. I believe their reasoning is that if we recognize these problems of gangs and youth gun violence, that we give Chattanooga a reputation for this and that this would prevent tourism and economic development. I disagree! To ignore these problems in hopes that they will just correct themselves is not realistic. The gang and gun violence has just gotten worse and to let this go will create a reputation of a dangerous city.

"Several community groups have tried to help by keeping our young people busy and keeping their minds from getting destroyed. Some of those have been the youth programs and the youth recreation centers along with churches. All these organizations have helped and I greatly appreciate them but I respectfully say they are just not enough.

"We must have stronger laws and stronger enforcement of these laws.

"I have proposed some of these laws that I hope the State Legislature will embrace.

"1. Many of the guns used by gang members and young criminal have been stolen in burglaries.

"Therefore, I believe a good law would be as follows:

"(Any burglary where there is the theft of a gun and that person is caught is to be
a Class B Felony. A Class B Felony has a period of incarceration of from 8 to 12
years with a period of mandatory incarceration in that particular law.)

"2. The Police Task Force on gangs has informed us that many of the adult drug dealers and
adult gang members are leaders of the gangs and furnish juveniles with weapons and give them orders and instructions to commit crimes for the purpose of obtaining money, drugs, or initiation of other gang members.

"Therefore, I believe a good law would be as follows:

(Distribution of a handgun to a juvenile minor for the purpose of committing criminal
activities is to be a Class C Felony with a mandatory period of incarceration. A Class C
Felony is a 3 to 6 years punishment.)

"I would like to point out that the majority of our youth are fine, wonderful young people. I personally see them in church, school, and in public places and when I communicate with them, I see excitement and the future in their eyes. I love to see young people in a restaurant or the mall laughing and having fun together. However, youth gangs and youth criminals have disrupted our schools and have violated many of our innocent youth. Gang members in school and on the street hold themselves out as gang members so as to influence others to join them.

"Therefore, I believe a good law would be:

(To designate gangs as organized crime and add it to the Criminal Conspiracy Statute.
The Criminal Conspiracy Statute is a Felony and by definition it is where two or more
persons gather for the purpose of an illegal activity.)

"Also allow courts to designate gang members as a member of a gang and make it a Class A Misdemeanor for these designated gang members to: 1. Hold themselves out as a gang member. This would stop gang members from testifying in court that they are a member of a gang and would stop them from being recognized in the schools as a member of a gang. It would make designated gang members remain silent about their involvement in gangs rather than to boast and seek gang recruitment.

"I would like to point out that I personally believe Americans have a right to guns. They have a right to them for sports shooting and target shooting. They also have a right to have them for a collection and mainly to have them to defend themselves against criminals and those who attempt to violate them, however, I do believe it is time for America to realize that people who obtain guns for the purpose of committing crimes must be dealt with harshly. Those people cannot continue to be allowed to hide behind the shield of the Second Amendment."

Russell Bean


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