Uhm, I just don't think this is correct at all. I can only speak with any real knowledge is in NJ. Possession of an handgun without a permit to carry, carries a mandatory 3 years in prison. If you have no record, they are usually going to get a plea that will end up one year in prison. Now, if the gun is used in a commission of a crime, we are talking about some serious consequences. Shootings will get you 5-10 years with the person having to stay in prison for 85% of that time. Robberies are 10 to 20 years with having to stay in jail 85% of the time. Those are serious consequences.
The problem in many cases is proving that the defendant is the one who did the crime.
This does not correct the problem. It is part of the solution. Guns as a whole are too easily available and easy to obtain without any type of tracing. I have said we need a national database that imposes criminal and civil penalties on people who break the chain of ownership of a weapon. From manufacturer to the ultimate user, we should know who has possession of that firearm. Each firearm manufactures should have a ballistics sent to that database so we can track when a weapon is used in the commission of a crime.