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Gun design could derail charges

There is an interesting article in the Times, “Design of AR-15 Could Derail Charges Tied to Popular Rifle“, which could impact Gov. Cuomo’s “ghost guns” crap:

“A subtle design feature of the AR-15 rifle has raised a technical legal question that is derailing cases against people who are charged with illegally buying and selling the gun’s parts or building the weapon. At issue is whether a key piece of one of America’s most popular firearms meets the definition of a gun that prosecutors have long relied on. For decades, the federal government has treated a mechanism called the lower receiver as the essential piece of the semiautomatic rifle … But some defense attorneys have recently argued that the part alone does not meet the definition in the law. Federal law enforcement officials … are increasingly worried that it could hinder some criminal prosecutions and undermine firearms regulations nationwide … Cases involving lower receivers represent a small fraction of the thousands of federal gun charges filed each year. But the loophole has allowed some people accused of illegally selling or possessing the parts, including convicted felons, to escape prosecution. The issue also complicates efforts to address so-called ghost guns, which are largely untraceable because they are assembled from parts …”

I can see how the NYC prohibition law passed last fall could be subject to legal challenge based upon this article.  Not just black rifles, but Glock clones as well.

Nevertheless I’m not so naive as to think the Governor really cares about things like this.  He just wants to get his name and face before the camera signing some more gun control legislation.  If it gets knocked out by the courts sometime down the road, so what?

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Getting a woody

Point:

Counterpoint:

How long before the Governor proposes banning trees?

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Gun Shop Gaylor

Newsday reports:

“The Nassau Democratic Committee has launched “Gun Shop Gaylor,” a website criticizing Legis. C. William Gaylor III (R-Lynbrook) for past legal work on behalf of a proposed “gun spa” — though he has decried the page as “sleazy politics.” … The GunShopGaylor.com website states: “So then why did Bill Gaylor support bringing a gun shop and shooting range to Lynbrook? To add insult to injury, not only did he support bringing guns into our community, he was even paid for this dangerous attempt.” …”

This is part of a much broader effort (especially on Long Island) to intimidate, shame and silence gun owners by implying the mere presence of guns increases violence and crime.  The only alleged impropriety is that Gaylor did legal work for a business which wanted to sell firearms.

“… Gaylor said about three or four years ago, he represented a client looking to build a gun store and shooting range in Lynbrook. Gaylor said he helped the client in seeking zoning variance from the village. But the project, “never went forward, and the people didn’t buy the building that they were in contract for,” he said. In 2016, Queens security company ISS Action Inc. withdrew an application to the Lynbrook Village Board to build a “gun spa” — a combination shooting range and beauty parlor …”

That was probably for the best.

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S-6716

“Ghost guns” are the latest bugaboo so, of course, there’s an effort to ban them.

Newsday reports:

“… On Thursday, two Long Island legislators introduced a bill to outlaw ghost guns, calling the sale of such weapons “shocking.” “We have some of the strongest and most sensible gun laws in this state and to see how people find a way around gun laws is just amazing to me,” Sen. Anna Kaplan (D-North Hempstead), one of the bill sponsors, said. “They come with all the pieces. They give you a video to walk you through the (assembly) process. It takes less than one hour and you walk out with a gun with no serial number and the purchaser has not be subjected to a background check.” Kaplan and Assemb. Charles Lavine (D-Glen Cove) are backing legislation that would prohibit the possession or sale of “unfinished frames and receivers” that can be assembled to make a firearm …”

Her Senate bill is S-6716. I don’t see the Assembly companion yet.

Here is the meat of the bill:

“UNFINISHED FRAME OR RECEIVER” MEANS A FRAME OR RECEIVER OF A FIREARM, RIFLE OR SHOTGUN WHOSE FIRE-CONTROL CAVITY IS COMPLETELY SOLID AND UN-MACHINED, AND WHICH MAY READILY BE MADE INTO A FUNCTIONAL FRAME OR RECEIVER THROUGH MILLING, DRILLING OR OTHER MEANS AND INCLUDES ANY EXPLANATION OTHER OBJECT, PART OR COMBINATION OF PARTS WHICH IS NOT A FUNCTIONAL FRAME OR RECEIVER BUT IS DESIGNED OR INTENDED TO BE USED FOR THAT PURPOSE AND CAN BE READILY MADE INTO A FUNCTIONAL FRAME OR RECEIVER.”

Several similar bills were introduced late in the session. I expect the legislature to take up at least one version when the session resumes in January.

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Newsbits

Wednesday’s Newsbits:

Elections:

Guns:

Jurisprudence:

Legislation:

NRA:

Politics:

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