[Vision2020] [corrected] Assault Weapons and Gun Violence
Sunil Ramalingam
sunilramalingam at hotmail.com
Tue Jan 15 21:00:38 PST 2013
I too -wonder what that means. A barrel shroud? Pistol grips? If so, why?
I understand the rationale of restricting high capacity magazines, but I don't understand the 'military style feature' language.
Sunil
From: jampot at roadrunner.com
To: thansen at moscow.com; vision2020 at moscow.com
Date: Tue, 15 Jan 2013 20:02:31 -0800
CC: dcarscallen at ci.moscow.id.us; tbrown at ci.moscow.id.us; wmsteed at ci.moscow.id.us; sscott at ci.moscow.id.us; nchaney at ci.moscow.id.us; wkrauss at ci.moscow.id.us; tlamar at ci.moscow.id.us
Subject: Re: [Vision2020] [corrected] Assault Weapons and Gun Violence
"Under the stricter
definitions, semi-automatic pistols and rifles with detachable magazines and one
military style feature will be considered assault weapons. Semi-automatic
shotguns with one military style feature will also be considered assault
weapons."
'Military
style" feature? As determined by who? A rather prominent feature of all military
style weapons would be fripperies such as triggers, sights, and stocks. Seems
that the definition pretty much outlaws all semi automatic rifles,
shotguns, and handguns. I can't believe this will hold up for one minute in
court. As to Idaho adopting such a restriction? I hope you'll take a deep breath
and hold it till they do.
g
From: Tom Hansen
Sent: Tuesday, January 15, 2013 5:55 PM
To: Moscow Vision 2020
Cc: Wayne Krauss ; Tim Brown ; Walter
Steed ; Sue Scott ; Mayor Chaney ; Dan Carscallen ; Tom Lamar
Subject: [Vision2020] [corrected] Assault Weapons and Gun
Violence
Greetings Visionaires, Moscow
City Council. and Mayor Chaney -
I understand that, as
discussed during the January 14th session of the Administrative Committee,
Councilman Wayne Krauss and Police Chief David Duke are struggling to define
"assault weapons".
Today, Governor Cuomo signed
New York state legislation against gun violence. Within that legislation
Governor Cuomo detailed the State of New York's definition of "assault
weapons":
"Under the stricter
definitions, semi-automatic pistols and rifles with detachable magazines and one
military style feature will be considered assault weapons. Semi-automatic
shotguns with one military style feature will also be considered assault
weapons."
Perhaps this definition could
serve to assist the City of Moscow in its definition of "assault
weapons".
----------------------------------------
Courtesy of the State of New
York at:
http://www.governor.ny.gov/press/01152013-outline-of-nys-groundbreaking-gun-legislation
------------------
Governor Cuomo Signs Groundbreaking
Legislation That Will Give New York State the Toughest Protections Against Gun
Violence in the Nation
Albany, NY
(January 15, 2013)
Governor Andrew M. Cuomo today
signed into law the NY SAFE Act (Secure Ammunition and Firearms Enforcement Act)
that will give New York State the toughest gun laws in the nation. The
legislation includes provisions to keep guns out of the hands of convicted
felons and potentially dangerous mental health patients, and ban high capacity
magazines and assault weapons.
Under the legislation, New York
will be the first state in the nation to ban any magazine that can hold more
than seven rounds and run instant background checks on all ammunition purchases
at the time of sale. The legislation will allow authorities to track ammunition
purchases in real time to alert law enforcement to high volume buys, and will
include a statewide standard requiring recertification of pistol permits every
five years. The legislation also closes a private sale loophole to ensure all
gun purchases are subject to a background check, and toughens criminal penalties
on those who use illegal guns.
"The new law will limit gun
violence through common sense, reasonable reforms that include addressing the
risks posed by mentally ill people who have access to guns and banning high
capacity magazines and lethal assault weapons," Governor Cuomo said. "This
legislation is not about hunters, sportsmen, or legal owners who use their guns
appropriately. It is about reducing gun violence and making New York a safer
place to live. I thank leadership of both the Assembly and Senate for their
action on this important legislation."
Key provisions of the NY SAFE
Act include:
Mental Health
Alert: Under the legislation, mental health professionals will be
required to report to local mental health officials when there is reason to
believe a patient is likely to engage in conduct that will cause serious harm to
themselves or others. This information will then be crosschecked against the new
comprehensive, and regularly updated, gun registration database. If the patient
possesses a gun, the license will be suspended and law enforcement will be
authorized to remove the person's firearm.
Tougher assault weapons
ban: The legislation outlines a stricter definition of assault weapons,
and implements an immediate ban of defined assault weapons. Under the stricter
definitions, semi-automatic pistols and rifles with detachable magazines and one
military style feature will be considered assault weapons. Semi-automatic
shotguns with one military style feature will also be considered assault
weapons. Assault weapons possessed before the effective date must be registered
within a year and recertified every five years. Owners of grandfathered assault
weapons may only sell out of state or through an in state federal firearms
licensee. Under the legislation, the Bushmaster used in the Newtown, Connecticut
shooting will be illegal.
Stronger regulations on
ammunition: Under the legislation, New York will have the strongest ban
on high capacity magazines in the country, with a limit on capacity of seven
rounds, down from the current limit of ten. The legislation includes a ban on
possession of pre-1994 high capacity magazines, and will require owners to sell
the banned magazines out of state within one year. Existing ten round magazines
can be grandfathered in, but may only be loaded with 7 rounds.
To track high-volume ammunition
purchasers, the legislation will make New York the first state in the nation to
track ammo purchases in real time. All dealers in ammunition must be registered
with the State Police, and each sale will require both a state background check
and transmission of a record of the sale to State Police, so as to enable alerts
of high volume purchases. Ammunition records will be purged within a year of
submission. Dealers must report any loss of inventory. The legislation will also
include a ban on direct internet sales of ammunition. Ammunition ordered over
the internet must be delivered in a face-to-face transaction with a firearms
dealer and the purchaser will be subject to the state background check. The
Aurora shooter reportedly amassed 6000 rounds through direct online
purchases.
Statewide recertification
of handguns and assault weapons: The legislation will require
individuals who have a handgun license or have registered an assault weapon in
New York State to recertify every five years through their county of residence.
With this more accurate information, the state will establish an electronic gun
permit database that may be run against other databases containing the names of
people who will be disqualified from possessing firearms, including those with
criminal convictions, involuntary commitments, and those subject to orders of
protection, as well as death records.
Universal Background
Checks – closing the private sales loophole: The legislation will
require all gun transfers between private parties, except immediate family, to
be conducted through a federal firearms licensee, subject to a subject to a
federal National Instant Criminal Background Check.
Webster
Provision: Under the legislation, murder of a first responder who is
engaged in his or her duties will become a Class A-1 felony, with a mandatory
penalty of life in prison without parole. This provision was created to honor
the memory of Lt. Mike Chiapperini and Tomasz Kaczowka who were victims of a
fatal shooting in Webster, New York, on December 24, 2012.
Extending and Strengthening
Kendra’s Law: Kendra’s law will be extended for two years – through
2017 – and the period of mandatory outpatient treatment will be extended from 6
months to one year. In addition a review will be required before a mentally ill
inmate is released.
Protecting
Families: When a judge issues an order of protection and finds a
substantial risk that the individual subjected to the order will use a gun
against the person protected by the order, the judge is required to the
surrender of the weapon.
Safe Storage: To
better ensure that guns are kept inaccessible to those who are barred from
possessing them, the legislation requires safe storage of firearms in households
where individuals live who have been convicted of a crime, involuntarily
committed, or are subject to an order of protection. Existing state law already
requires that all guns sold at retail in the state be sold with a gun
lock.
Keeps Guns Out of
Schools: Under the legislation, the penalty for possession of a firearm
on school grounds or a school bus will be increased from a misdemeanor to a
Class E Felony. The state's SAVE Act (Safe Schools Against Violence in
Education) requires school districts to develop school safety plans including
evacuation, dismissal, community response, and alerting family, law enforcement
and other schools in the area in the event of a violent incident or other
emergency. The legislation will allow school districts to submit their school
safety plans to a newly created New York State School Safety Improvement Team,
consisting of representatives from state agencies with relevant expertise (e.g.
DHSES, State Police, DCJS), which will review plans and assist localities in
developing plans. Some designated safety system improvements will be eligible
for enhanced re-imbursement under the state’s School Building Aid formula. New
York City, Buffalo, Rochester, Yonkers and Syracuse will be exempted.
Tougher penalties for
illegal gun use: The legislation establishes tougher penalties for
those who use illegal guns as well as measures to help combat gang violence.
Tougher penalties under the legislation include:
Possession of an unloaded gun
will be raised from a misdemeanor to a Class E felony.
Recklessly injuring a child
by a firearm will become a Class D felony.
The purchase of a gun for
someone the buyer knows to be disqualified because of a conviction of a crime,
an involuntary commitment or other disqualifier, will be raised to a Class D
felony from a misdemeanor. This also raised to a class D felony the sale or
transfer of a firearm to an individual known to be prohibited from possessing
a gun.
Tougher penalties to permit
more effective gang prosecutions, allowing a prosecutor to ask for 25 to life
(previously was just 15 years) for an entire group when a gang is involved in
murder.
Using or carrying a firearm
during drug trafficking or a violent felony will include a 5 year mandatory
minimum sentence if the gun is loaded and a 3½ year mandatory minimum if
unloaded. (The Court could impose a lower sentence in drug trafficking cases
depending on mitigating factors).
Sharing a gun with an
individual who is not authorized to possess a gun and commits a crime will
constitute criminal facilitation.
--------------------------------------
Seeya on the flip-flop,
Moscow, because . . .
"Moscow Cares"
http://www.MoscowCares.com
Tom Hansen
Spokane,
Washington
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