RAP ARTISTS ARE ILLEGALLY CARRYING GUNS AND BEING ARRESTED AT AN ALARMING RATE. KNOW THE LEDGE AND PROTECT YA NECK
There's a war going on outside no man is safe from. — Mobb Deep
WORDS BY CLEON ALERT
On June 30, DMX and his wife, Tashera, were arrested on weapons charges. DMX (nee Earl Simmons) turned himself in at Teaneck, NJ's Municipal Court after authorities recovered a Tec-9 semiautomatic handgun, bulletproof vest, large-capacity bullet clip and hollow point bullets (all of which are illegal in New Jersey) from the couple's home.
But the Dark Man wasn't the first rapper to appear before a judge in relation to gun charges. Wu-Tang Clansmen Ol' Dirty Bastard and Ghostface Killah, Guru from Gang Starr, The Roots' lead rapper, Black Thought, and Busta Rhymes are just a few of the hip-hop luminaries who have been arrested in gun-related incidents. Most of the cases have ended with no time behind bars for the rappers. Busta, for instance, was sentenced to five years of probation after pleading guilty to gun possession. He could have received up to seven years in prison if he had been tried and convicted on the weapons charge.
TheNew York Daily News reported that Acting Manhattan Supreme Court Justice Herbert Adlerberg cited, "very strong mitigating factors" in the sentence, after Busta explained that he was strapped because he had been robbed twice.
In a world drenched in fan frenzy, violent lyrics and playa hatas, many rappers feel that they have no choice but to do everything possible to protect themselves. But, judging from their rap sheets, it would seem that these rappers need a deeper understanding of the legalities and the consequences of carrying unlicensed concealed weapons
The connection between rappers and guns has long existed—in both art and life. In 1985, Philadelphia's Schoolly D, the man regarded as the original gangsta rapper, started to indulge in aural tales revolving around "gats" (from the 19th century Gatling gun).
A decade later, the real-life tribulations of self-proclaimed gangstas like Snoop Doggy Dogg and Tupac prompted Congress to stage hearings on gangsta rap, led by the likes of anti-rap crusader C. Dolores Tucker. Ironically, the politicians failed to see the markets of gangsta rap's patriotic spirit: rampant individualism; superhero persona as sales tool; an unquestioning endorsement of capitalist gain; and an unrelenting emphasis on the first two amendments to the Constitution (re: free speech and the right to bear arms).
In short, American culture perfectly nurtures hip-hop's pistol-packing mentality. Because only state and local governments can issue carrying permits, there are some 20,000 gun laws in the United States. In 1976, Washington D.C. enacted one of the most restrictive gun control laws in the nation. (Since then, the city's murder rate has risen 134 percent while the national murder rate has dropped two percent. Go figure.)
In 1985, as many as eight states had "right to carry" laws; today there are 31 states that will issue a concealed weapon permit to any citizen without a criminal record—no questions asked. In New York, where most of the aforementioned rappers were charged, getting a gun license is, in theory at least, a simple matter of submitting an application (along with about $250 in filing fees) and meeting certain requirements
Yet, these licenses vary. New York differentiates between a Premises License, a Target License and Special Target License—none of these licenses allow the holder to transport weapons. To actually carry, you need a Carry/Business License, a Limited Carry/Business License, a Special/Carry License or a Restricted Carry License.
But, before you even get that far, you'd have to pass the federal standards, which dictate that you cannot get a gun permit anywhere in the country if you: a) have been convicted of a crime punishable by longer than a year in jail; b) have an order of protection against you filed by an "intimate partner" (babymamas included), providing that the order was "issued after a hearing of which notice was given" and that you had "an opportunity to participate"; c) have a dishonorable discharge from the military; or d) if you've renounced US citizenship.
Anyone illegally carrying a concealed weapon faces the risk of punishment. Federal guidelines state that "whoever, during and in relation to any 'crime of violence' . . .for which he may be prosecuted in a court of the United States, uses or carries a firearm, shall in addition to the punishment provided for such crime of violence. . ., be sentenced to imprisonment for five years." And that's 10 years for a short barreled shottie, rifle or a "semiautomatic assault weapon"; 30 years for a machine gun or anything with a silencer. Things get more complicated when you factor in variants like moving vehicles, school zones and crossing state lines. For instance, you can, without a license, transport firearms interstate "provided the weapon is unloaded and in a locked trunk or in a vehicle lacking a trunk, in a locked container other than the glove compartment or console. Also, the carrying and transportation must be lawful and the place of origin and destination."
Remember, these federal restrictions are the minimum standards for the country—some states have more stringent laws. And the debate over gun control is far from over. In November 1998, federal background checks for handgun purchases went into effect. Earlier this year, Congress resurrected a bill to close the so-called "gun show loophole," after initially striking it down. Currently, "the gun show loophole" allows anyone attending a gun show to purchase a firearm without a background check.
With the recent spate of school shootings, like the massacre in Littleton, Colo., gun control proponents continue to push hard for more restrictive laws, leaving those hip-hoppers—artists and consumers alike—who wish to bear arms, with some puzzling allies—the NRA (National Rifle Association) and right wing militia-types. Studying the literature and practices of such gun advocates may be the best route for those stars who wish to remain strapped. After all, what good are your newly acquired millions if you're locked behind bars?