Project Exile
Encyclopedia
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).
violence which had long plagued Richmond. At the time of its inception, the level of murder
s 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.
(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.
, 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
http://www.famm.org/pdfs/Primer.pdf, 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. http://www.famm.org/nr_sentencing_news_ealert_2_10_05.htm
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:
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
in 1997. Project Exile shifted the prosecution of illegal technical gun
Gun
A gun is a muzzle or breech-loaded projectile-firing weapon. There are various definitions depending on the nation and branch of service. A "gun" may be distinguished from other firearms in being a crew-served weapon such as a howitzer or mortar, as opposed to a small arm like a rifle or pistol,...
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
Gun Control Act of 1968
The Gun Control Act of 1968 , by president Lyndon Johnson, is a federal law in the United States that broadly regulates the firearms industry and firearms owners...
, 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).
Origin
The program was designed to address gangGang
A gang is a group of people who, through the organization, formation, and establishment of an assemblage, share a common identity. In current usage it typically denotes a criminal organization or else a criminal affiliation. In early usage, the word gang referred to a group of workmen...
violence which had long plagued Richmond. At the time of its inception, the level of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
s 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.
Support
The National Rifle AssociationNational Rifle Association
The National Rifle Association of America is an American non-profit 501 civil rights organization which advocates for the protection of the Second Amendment of the United States Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection...
(NRA) and the Brady Campaign
Brady Campaign
The Brady Campaign to Prevent Gun Violence and the Brady Center to Prevent Gun Violence are affiliated non-profit organizations in the United States. They are named after James Brady who was permanently disabled as a result of an assassination attempt on U.S. President Ronald Reagan in 1981...
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
Philadelphia, Pennsylvania
Philadelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...
, and Camden County, New Jersey
Camden County, New Jersey
-Demographics:As of the 2010 Census the population of Camden County was 60.28% Non-Hispanic white, 18.45% Non-Hispanic black, 1.12% Hispanic blacks, 0.17% Non-Hispanic Native American, 0.15% Hispanic Native Americans, 5.07% Non-Hispanic Asian, and 0.14% non-Hispanics reporting some other race...
where similar firearms-related violence has plagued the communities.
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 AmericaGun Owners of America
Gun Owners of America is a gun rights organization in the United States with over 300,000 members. They make efforts to differentiate themselves from the larger National Rifle Association , and have publicly criticized the NRA on multiple occasions for what the GOA considers to be the selling out...
, 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
Jews for the Preservation of Firearms Ownership
Jews for the Preservation of Firearms Ownership is a group dedicated to the preservation of gun rights in the United States and "to encourage Americans to understand and defend all of the Bill of Rights for everyone". The group was founded by former firearms dealer Aaron S. Zelman in 1986...
, the Law Enforcement Alliance of America
Law Enforcement Alliance of America
The Law Enforcement Alliance of America is a non-profit, non-partisan, conservative gun rights corporation in the United States, headquartered just outside of Washington, D.C. in Springfield, Virginia. Its membership is composed of active duty and retired law enforcement officers, crime victims,...
, Libertarian Party presidential candidate Harry Browne
Harry Browne
Harry Browne was an American libertarian writer, politician, and free-market investment analyst. He ran for President of the United States as the nominee of the Libertarian Party in 1996 and 2000....
, and sci-fi writer L. Neil Smith
L. Neil Smith
L. Neil Smith , also known to readers and fans as El Neil, is a libertarian science fiction author and political activist. He was born on May 12, 1946 in Denver...
. 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
Families Against Mandatory Minimums
Families Against Mandatory Minimums is a USA nonprofit organization founded in 1991 to challenge what they believe to be the inflexible and excessive penalties required by mandatory sentencing laws...
http://www.famm.org/pdfs/Primer.pdf, and opposed by several members of the Congressional Black Caucus
Congressional Black Caucus
The Congressional Black Caucus is an organization representing the black members of the United States Congress. Membership is exclusive to blacks, and its chair in the 112th Congress is Representative Emanuel Cleaver of Missouri.-Aims:...
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
Robert C. Scott
Robert Cortez "Bobby" Scott is the U.S. Representative for , serving since 1993. He is a member of the Democratic Party....
(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. http://www.famm.org/nr_sentencing_news_ealert_2_10_05.htm
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
Deterrence (legal)
Deterrence is the use of punishment as a threat to deter people from committing a crime. Deterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.- Categories :Deterrence can...
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 felonyFelonyA felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
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 cocaineCocaineCocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
or heroin, or convicted of possessing more than a pound of marijuanaCannabis (drug)Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
with the intent to sell.
Further Reading
- Daniel C. Richman, "Project Exile" and the Allocation of Federal Law Enforcement Authority, 43 Ariz. L. Rev. 369 (2001).