The Gang Deterrence and Community Protection Act of 2005

Saw this on TriggerFinger.

Seems that this Gang crime bill is out of control. Let's start here:

Let's assume that you and your family are on your way home from church. You have a gun in the glove compartment that is there for self-protection.

After driving within 1,000 feet of a school (which is almost unavoidable), you stop by the grocery store to pick up a few items for lunch.

As you are exiting your car, you are approached by a gang of teenagers, armed with long screwdrivers and wrenches. Realizing that you are about to be mugged, you brandish your firearm in order to scare them off -- although this act on your part is a violation of state law which requires that you first retreat, rather than defend yourself.

Congratulations. Under legislation that recently passed the House, all the members of your family are now subject to a MANDATORY MINIMUM sentence of ten years in prison -- and up to life imprisonment.

Ok Ok so the church thing isn't likely for me, but the rest of the scenario isn't far fetched.

Consider this statement from the ACLU on the same legislation:

People Could Be Convicted Of A "Gang"” Crime Even If They Are Not Members Of A Gang.

This bill would impose severe penalties for a collective group of three or more people who commit "gang" crimes. Even more disconcerting is that a person could receive the death penalty for the illegal participation in what would be considered a "criminal street gang"” while having no idea or intention of being a part of a so-called "gang."” [2] H.R.1279 revises the already broad definition of "criminal street gang"” to an even more ambiguous standard of a formal or informal group or association of three (3) or more people who commit two (2) or more "gang"” crimes. The number of people required to form a gang decreases from five (5) people in an ongoing group under current law to three (3) people who could just be associates or casual acquaintances under this proposed legislation.

Under the Gang bill a "continuing series"” of crimes does not have to be established to charge a person with a gang crime. Presently, the government has to establish that criminal street gangs engaged "within the past five (5) years in a continuing series of offenses."”[3] The continuing series of offenses under current law is essential to preserving the concept of gang activity that the law is trying to target, i.e. criminal activity that has some type of connection to a tight knit group of people. This broader definition of gang crime in H.R.1279 would result in people being convicted of
"“gang"” crimes that are neither ongoing in nature nor connected to each other, and could occur 10, 15 or 20 years apart.

Sounds like it exactly supports the point of the GOA.

This does sound like a poorly crafted bill in that it doesn't specifically state an exception for legal gun possession. It just lumps all acts into one pile and ensures that the legal handler of the firearm will be prosecuted. I would hope that that would cause some heart burn in the legislature, but it didn't.

If you want to see how your reps voted you can find the results here.