Linn County prosecutors make gun crimes top priority

LINN COUNTY — Gun crimes have been on the rise for the past few years in Cedar Rapids, and Linn County prosecutors are making those crimes a top priority in an effort to get more weapons off the street.

In the past, most of the gun cases have been turned over to federal authorities because there are typically stiffer penalties to face in federal court. But some of the lesser gun crimes haven't been pursued because of the differences in state and federal laws.

First Assistant Linn County Attorney Nick Maybanks said he started noticing cases coming in from arrests in which officers neglected to add gun-related charges, such as trafficking in stolen weapons. That's a felony and can add another five or 10 years in prison, depending if the gun was used in a crime.

'I started asking the other assistant county attorneys to consider the trafficking charge if a gun is stolen,' Maybanks said.

The federal charge for trafficking requires that the defendant knew the weapon was stolen and the state statue only requires they are in possession of a stolen gun, he noted.

'They're typically more interested in the possession of firearms by a felon or possession of firearms by an illegal drug user,' Maybanks said.

Maybanks added that it's difficult to track these cases because not all of them come through the county attorney's office if federal authorities pick them up. But he knows trafficking cases have increased because of the number of cases that have come across his desk.

• In 2014, prosecutors filed 65 gun-related charges, for an average of 5.4 per month.

• In 2015, 92 gun-related charges were filed, 7.6 per month.

• So far this year, 22 gun-related charges have been filed, 8.8 per month.

Maybanks pointed out these don't include gun violence incidents under investigation or those that didn't result in charges filed and those that went federal.

'Such a number would be much, much higher,' Maybanks said.

These offenses include reckless use of a firearm, intimidation with a dangerous weapon, trafficking in stolen weapons, going armed with intent and carrying weapons.

Maybanks cited several examples in which he said the public has been at risk.

Listen: 'On the Record Podcast' talks gun-related crimes in Iowa