The Boston City Council last week discussed a pair of measures aimed at eliminating illegal guns from city streets and further reducing a declining murder rate.
The Nov. 12 hearings were called by City Councilor-at-Large Michael F. Flaherty, whose two proposals would make Boston’s already tight gun laws even less tolerant of owners of illicit firearms.
The first is a home rule petition that would impose the same sentencing penalties on individuals that keep unlicensed guns in their homes as those mandated for people found carrying illegal weapons on the street. The second would outlaw the use, ownership or sale of armor-piercing bullets by anyone not specifically licensed to use them.
Under the proposed ban, only police instructors and licensed firearm collectors would be permitted to own the bullets, which are already banned in 16 states.
Flaherty held hearings on the two laws last week in response to recent youth shootings and high homicide rates this year, according to spokesman Jonathan Romano, and to “tackle the gun violence that [is] plaguing our streets.”
“These are two proactive and common-sense measures to protect residents in every neighborhood,” Romano added.
Boston police had recovered 488 firearms, including BB guns and toys, in 2008 as of Oct. 7, according to department statistics released Monday, down from 653 during the same time period last year.
Shootings, both fatal and nonfatal, are also down slightly, according to police data. By Nov. 16 last year, there had been 303 shootings in Boston, 48 of them fatal. During the same period this year, there have been 287, with 40 fatalities caused by shootings.
There have been 54 murders total in 2008, down from 61 at this point last year. Two murders this year were caused by armor-piercing bullets, according to Flaherty’s office.
Flaherty says he wants to revise city gun laws to drive those numbers further south. At issue, he argues, is the fact that Boston residents found with illegal, unlicensed guns in their homes or businesses suffer different — and lower — penalties than individuals found carrying guns on the street.
As it stands, those convicted of possession of an unlicensed gun in public serve a mandatory minimum sentence of at least 18 months in jail. But due to a “loophole” in local gun laws, Flaherty says, those convicted of keeping the same unlicensed weapon in their home would be able to avoid the mandatory minimum penalty. The councilor’s proposed home rule petition would equalize the punishment.
“[This measure] is about ensuring that our criminal justice system delivers the same minimum penalty against unlicensed guns found in a home or workplace as unlicensed guns found on the streets,” Flaherty wrote in an Oct. 27 letter published in the Boston Globe. “By closing this loophole, we would send the message that possessing illegal guns, in any place, will not be tolerated.”
A similar petition was proposed last year, but did not generate enough support to pass. Over the past eight months, Romano said, Flaherty has continued to fight for the measures, which have received support from the Boston Police Department and Mayor Thomas M. Menino.
Not everyone supports the methods Flaherty would use in his attempt to reduce gun violence, however.
Barbara Dougan, project director of the Massachusetts chapter of Families Against Mandatory Minimums (FAMM), called the use of compulsory penalties like those the councilor seeks to impose “fundamentally unjust.”
“By imposing one-size-fits-all punishments on people of varying degrees of culpability, mandatory minimums undermine the principle of individualized justice,” Dougan said. “FAMM favors keeping the authority to impose sentences with the judiciary, so that courts are allowed to tailor a sentence based on the facts and circumstances of each individual case.
“Considering that Massachusetts spends $48,000 annually on each state prisoner, mandatory minimums are also very costly to administer,” Dougan added, an increasingly important consideration with the state facing choppy fiscal waters.
Area gun shops and clubs are lying low. The Boston Gun and Rifle Association, headquartered in Dorchester’s Fields Corner, declined to comment.
A representative of the club — which has a 50-foot automatic indoor target shooting range, fully-equipped training center and store that carries shooting accessories, according to its Web site — said only, “We have no official position [on Flaherty’s measures].”
| Jan 27 9:51am by Matt [172.165.209.151] | |
Just wanted to correct your article here as far as what you said (relayed?) about states which "ban armor piercing ammunition". There are not 16 states which "ban" pistol-caliber armor piercing projectiles, there are essentially only 7, and only 3 of these have full-blown bans on ownership. The 3 full-ban states which prohibit possession are: Texas, Illinois, and California. Even among these 3 however, the federal statute of ex-post-facto is in question, and those who owned such ammunition before bans in these states went into effect, are possibly still able to legally own such ammunition. The 4 other mostly-banned states are: Florida, Kentucky, New Jersey, and Rhodes Island. I say "mostly-banned" because in Florida and Rhodes Island you can own, buy, and sell any type of armor piercing ammunition you want to as long as the projectiles are not "truncated" as their laws dictate, which means sharply-pointed like many of the old KTW bullets were from the 70's & early 80's (which these laws target specifically). In NJ and KY, the ammunition is illegal to buy, sell, or transfer, but not own. So anyone in NJ, or KY who owned such ammunition before the bans went into effect may continue to keep it. There are 7 states which have bans on ownership of "Teflon-coated" bullets, but not necessarily "armor piercing" (steel core) bullets in general. These states are: OK, KS, IN, AL, NC, SC, & HI. In these states it is only illegal to own such ammunition which has projectiles coated with Teflon or other "plastic" as some of the laws dictate, and so this basically only bans the KTW ammunition (which these laws meant to specifically target during the contrived "cop-killer" craze of 1982/1983 - thankyou NBC/Beth Polson) which had a green Teflon coating and were produced from 1968 to 1985. There were only a couple other very small-time manufacturers who made AP pistol bullets coated in Teflon in the early 80's and most all AP/steel-core pistol projectiles do not have any Teflon coating, and so these bullets are perfectly legal in the Teflon-ban states. Louisiana & Nevada are 2 oddballs in that, in NV you can own, transfer, and buy from outside the state and have such AP ammo shipped, but you cannot sell. There is only a ban on selling AP pistol ammo in NV. Louisiana requires that anyone possessing AP pistol ammo must have a permit from their local police department, and anyone with a clean record over the age of 21 can qualify for this, so basically anyone can own any type of pistol caliber AP in Louisiana. There are a handful of other states which have pistol-caliber AP laws, but these are only geared towards offering enhanced or available prosecution towards criminals who are apprehended during the pursuit or attempted pursuit of a crime who might be in possession of such ammo, and not typical citizens who might possess it for any non-criminal purpose (collecting, testing, research, sport). Lastly, Washington D.C. (D.o.C.) has a full ban on pistol caliber AP and is the only city with such a ban in the U.S. Keep in mind that even in light of all this, if you have a class-10 or class-11 FFL license from the BATF, you can manufacture, import, and possess any of this stuff anyway, as much as you want as long as you only sell/transfer to law enforcement or the government or keep it for yourself. The licenses cost $1,000 a year, plus testing and background checks, but anyone with a clean record and $1,000 can get them. Connecticut and California are the only states with bans on any type of rifle caliber armor piercing ammo as they have bans on .50 caliber AP cartridges of any type. To say that "licensed firearm collectors" would be able to own such ammunition even after the proposed ban in Boston is misleading, since the type of "collector" they are referring to is an 03-C&R license holder, and this type of license is already difficult to obtain in Boston, so that wont help legitimate cartridge collectors much. So regardless of what Flaherty's office might try to say about how many states "already have bans" this is liberal anti-gun / anti 2nd amendment spin which is typical of these types of grandstanding pandering politicians who spread fear and disinformation. The fact is, contrary to what people like Ted Kennedy, Daniel Patrick Moynihan, Bill Clinton, Barack Obama, and Michael Flaherty will have you believe, there has never been any case of any police officer anywhere in the U.S. ever having been killed by pistol-caliber AP ammo due to a body armor failure, and only one was ever killed by such ammo, and it was a head-shot anyway. So that's 1 officer in the past 40 years killed by the infamous "cop-killer" ammo, that's an ATF statistic! When the politicians quote instances of civilians being killed with AP "cop-killer" ammo, 99.9% of the time they are actually referring to cases where rifle calibers such as .223 (M-16) and 7.62x39 (AK-47) killed a person (who was unarmored anyway), and these calibers will penetrate any amount of soft body armor even if the bullets are soft lead-core, and not AP, so calling them "AP" in so far as soft body armor defeating is kind of redundant. Banning "cop-killer" bullets is just a way to scare people through lies into giving up an ammunition/firearm right, so that the slippery slope towards further bans can be pursued, else it is just a political ploy by a hack with ambitions. I know all this because I've written a book and done the research and I'm tired of seeing disinformation about bans, laws, killings, and statistics. |
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| Nov 25 13:09pm by ricardo [24.218.1.132] | |
i think it should be equal home and streets it should't matter wear or how as long as you get cought with an unregister gun we should all face the same sentence.i never like guns any. every one has a diffrent reason for carrying one some feel safe another likes to show it off and so on but if we have one at home anything could happen we all hear stories about kind finding your gun and play with it and by mistake set it off. so you tell me why should get less time if you find guns in someone home. |
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