**Dixie Department of Justice**

**Directive 18-002**

**To: All County Prosecutors in the State of Dixie**

**Subject: Directive with Respect to Offenses Committed by Out-of-State Visitors from States Where Their Gun Possession Would Have Been Lawful**

Recently, highented public attention has been placed on how prosecutors use discretion in such cases where residents of another state bring legally obtained and operated firearms into Dixie that had been acquired lawfully and could be carried lawfully by that visitor in their home state. Under current Dixie law, depending on the Defendant’s state of residency, these persons could be subject to arrest, prosecution, and conviction.

In most cases, imprisonment is not necessary or appropriate to serve the interests of justice and protect the public. Accordingly, this Directive provides that in the absence of additional violations of law, these defendants should not be subject to prosecution and conviction. Our prisons are overpopulated and the imprisonment of otherwise lawful individuals does not serve the best interest of this Department, our taxpayers, or our State.

County prosecutors are advised to take the following considerations into account when deciding whether an out-of-state person is lawfully carrying a firearm and should not be prosecuted for carry across state lines with a valid license or permit:

(i) The manner and circumstances of the possession minimized exposure of the firearm to the general public; accounting for the likelihood that a person in Dixie would be exposed to the dangers of an otherwise legal firearm.

(ii) Defendant is an otherwise law abiding person.

(iii) Defendant willingly and on their own account informs a law enforcement officer of the possession of a firearm.

There is no set formula that prosecutors must use when determining whether to pursue charges against Defendants. It is not possible for a Directive to anticipate and account for every possible situation or circumstance that may occur. County prosecutors are directed to use discretion and weigh all evidence when determining whether to pursue charges against Defendants included under this Directive.

**Effective Date and Retroactive Nature**

This Directive is effective immediately and will remain active until rescinded or revised by the Attorney General. The provisions of this Directive shall apply to all pending cases.