Take a NYC Councilman who knows
that a person is acting strangely but still allows the person
to
bypass security measures, add a person who illegally purchased
a handgun out of state and illegally brought that gun back to
NYC and was illegally in possession of the firearm because they
did not have a license, and illegally carried that handgun into
an area that it is illegal for them to carry it into and then
that person illegally murders the Councilman and what do you
get? Calls for more gun control laws for those who legally want
to own a gun in NYC.
What they want to pass are the laws that the gun
banners have always dreamed of passing. Laws that will make it all most impossible
for anyone to own a gun in NYC and will allow NYC to sue every gun maker for
every gun crime in NY City. Some of the proposed laws are:
- Hold gun makers, dealers and importers liable for damages
if their weapons are used to kill or injure people in the
city by
passing a law creating a strict liability cause of
action against weapons manufacturers. Int 0395-2003
- Prohibiting gun dealers from selling more than
one firearm to the same person within 90 days.
- Requiring rifle and shotgun owners to obtain $250,000 in
yearly liability insurance. (As far as I know, no one offers
this type
of insurance.) Int
0363-2003
- Prohibiting the sale of a rifle or shotgun to anyone under 21
years of age. Int 0454-2003
- Require certain establishments where weapons violations have taken
place to adopt security measures. Int 0395-2003
Some quotes from the article:
- Peter Vallone Jr., chairman of the Public Safety
Committee, which is holding next month's hearing. " There
was no urgency prior to the shooting. But now there is a sense
that we all want to move as quickly as possible on
these bills in his memory." " People all over
the country watch what New York City does, and we intend
to show leadership
on this issue."
- Sheldon Silver, NY State's Assembly
speaker, " I think it would be a good thing if
the city did it, and showed the state the way"
- Gifford Miller, Council speaker, "My hope is that out of
the hearing process the Council will put forward gun-control
measures that limit as much as possible the number of guns on
the streets." (Please note that he did not say
illegal guns.)
- Mayor Michael R. Bloomberg, "I don't know why people
carry guns. Guns kill people."
- Councilman David Yassky, "certainly the shooting at
City Hall opened their eyes to the gun problem in a very
dramatic way."
- John McArdle, a spokesman for the Senate majority leader,
Joseph L. Bruno, " We support the federal Constitution
in terms of the right to bear arms, but we have taken action
to pass reasonable
laws."
- Patrick Brophy, a director of the New York State Rifle and
Pistol Association, " They don't have a day-to-day
familiarity with guns anymore like they have with, say,
cars. Guns
are a useful tool, but many people have no understanding
of that tool anymore, and what they don't know, they fear."
One statement from the article showed
how uninformed and biased the article was. "The .40-caliber
handgun that Mr. Askew used to shoot Mr. Davis was legally bought
out of state, police officials
said." Yes the gun was legal if you ignore all of the laws the
guy broke. Plus the article's writer failed to report that
the shooter had attacked his boyfriend with a hammer and would
have
been
banned
from
owning any firearms and would have been rejected by the Brady
background check that was done when he illegally bought the
handgun except he was allowed to plea bargain the charge down. |
NEW YORK (AP) _ A federal judge decided Thursday to keep the
city's lawsuit against the gun industry on hold until an
appeal in a similar case brought by the state is decided.
The city had wanted U.S. District
Judge Jack Weinstein to lift a stay on its suit accusing
handgun makers of creating
a public
nuisance by failing to take strong measures to keep their products
out of the hands of criminals.
At a hearing in federal court
in Brooklyn, a city attorney, Eric Proshansky, asked the
judge to reopen the case and find for
the city based on his recent ruling in another suit filed by
the National Association for the Advancement of Colored People.
The
judge said he wanted to await the outcome of an appeal of a 2001 decision which
dismissed the state attorney general's
own gun suit before deciding whether the city's case should
go forward.
"I don't see how I can lift the stay right now," he
said.
Last month, the judge threw out the NAACP case because
the civil rights group failed to show its members had been harmed. But
he also found the industry "caused, contributed to and
maintained" a public nuisance.
Copyright © 2003, The
Associated Press
|
NY
City resident looses Article 78 hearing, Judge OK's NY City not issuing "Target
License"
CLICK HERE TO SEE THE WHOLE RULLING IN PDF FORMAT
CLICK HERE TO SEE
MORE INFORMATION ON THIS ISSUE FROM 12/02 NEWSLETTER
I finally got in touch with
one of the lawyers who had an Article 78 Hearing against NY City and
their decision to not issue "TARGET LICENSE" and to turn them all
into "Premises Licenses"
Some selected quotes from
the decision:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: IAS PART 47
In the Matter of the Application of
TIM DE LILLY
Petitioner,
Index No. 11 7385/02
ORDER AND JUDGMENT
For a Judgment under Article 78
of the Civil Practice Law & Rules,
- against-
RAYMOND KELLY, as Commissioner of the
Police Department of the City of New York
Insofar as petitioner
claims that the State Penal Law f 400.00 pre-empts the field
and
prohibits the City from enacting firearm licensing rules,
he had no complaint when respondent issued
him a Target License, although no such category exists in
Penal Law 400.00. In any event. Penal
Law $400.00 is not a comprehensive and detailed regulatory
scheme but, to the contrary, looks to
local governments to issue rules and regulations compatible
with its mandate.
It is hard to see how
petitioner is aggrieved. He has the same rights he had under the Target
License. He fears that. when transporting his guns,
unloaded. to sporting location. he will be
arrested outside the City of New York . He might have
had the same fear when he was the holder
of a Target License, a category not expressly authorized
by Penal Law $400.00. In any event, his
fears are wholly speculative.
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