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Closer Look: Koster’s ‘Missouri Exile Proposal’

In an ad released in early September, Chris Koster briefly mentioned a few ways in which he would aim to curb inner city gun crime. The list included tougher bail requirements and longer sentences without parole for criminals found in possession of a firearm. The attorney general has also proposed a “gun court” that would put certain cases on a special docket to fast-track cases involving gun infractions.

Koster calls this collection of gun policies the Missouri Exile Proposal, and it’s something he hopes to establish if he wins the governorship in November.

While the National Rifle Association said it did not have any impact on their decision to endorse him, the proposal is consistent with programs the NRA has backed in the past.

“Those who get caught carrying, you get higher bail, longer prison sentences, so there is not a pervasive number of felons who are walking around with guns. That’s the gist of it,” said Koster campaign spokesman David Turner.

The history of mandatory minimums

The “exile” in Missouri Exile proposal comes from Project Exile, a set of laws put in place in Virginia in 1997 by then-U.S. Assistant Attorney James Comey that shifted gun offenses to a federal court that had more strict sentencing requirements than Virginia’s state law. It basically served as a crackdown on illegal firearms and firearms carried by felons.

The program was widely seen as a success and was lauded by law enforcement groups. The NRA also fully endorsed the procedure.

“NRA has always believed in enforcing federal law and this is what federal law is,” Whitney O’Daniel, the primary lobbyist for the NRA in Missouri, explained. “If you get caught with an illegal gun and you’re charged under federal law, there are enough gun laws on the books that if you do it the right way that will reduce crime.”

O’Daniel has been trying to get a similar law passed in Missouri for the past few years.

A 2005 study from researchers at the University of Missouri-St. Louis found that it had reduced the level of firearm homicide.

“After controlling for other factors, Richmond’s firearm homicide rate exhibits a 22 percent yearly decline, whereas the average reduction for the sample remains about 10 percent per year. That difference is statistically significant,” wrote criminology professor Richard Rosenfeld.

The initiative had its detractors as well from both sides of the political spectrum. The Gun Owners of America opposed the measure calling it a “zero-tolerance policy for all gun violations,” and Families Against Mandatory Minimums (FAMM) for promoting racial disparity.

Despite those concerns, Project Exile evolved into a national program called Project Safe Neighborhoods established in 2001 under President George W. Bush’s administration (President Bill Clinton’s SafeCities initiative also contributed to PSN).

Other states have also adopted mandatory minimums for guns, and the most notable of those is the 10-20-Life law in Florida. A three strikes law, which calls for harsher sentences for repeat felony offenders, is another type of mandatory minimum sentencing method that can also apply to gun crimes.

Turning to Missouri

Today, Koster is banking on his time as a prosecutor and an attorney general to display a tough stance on crime and a man who stands with law enforcement. His work in those offices contributed in a big way to his endorsement from the Missouri Fraternal Order of Police. His endorsement from the NRA also assuages many conservative voters about the “D” next to his name.

However, many liberal Democrats have reservations about their nominee, and the Missouri Exile Proposal and his support for “gun friendly” legislation may exemplify that. Koster has said in the past that he likely would have allowed SB 656, the controversial constitutional carry bill, to become law, and only one House Democrat voted in favor of that measure during veto session.

The concerns raised about mandatory minimum sentencing, including a racially disparate outcome no matter the intent, also ring true to many Democrats in St. Louis and Kansas City.

On the other hand, Mayors Sly James and Francis Slay of Kansas City and St. Louis signed onto a plan for a gun docket and higher minimum cash bail in gun cases to be set somewhere between $25,000 to $50,000. Those two tenets are also a large part of Koster’s proposal.

Turner says if Koster gets into the state’s highest elected office, the attorney general will make the effort to get the program through by trying to show its merits to both Republicans and Democrats.

“He is committed to working with members of both parties who want to reduce gun violence in ways that doesn’t infringe on Second Amendment rights, and this is a piece of legislation that can help do that,” Turner said.