GOAL Files Deceptive Device Bill in Response to New Bedford
Incident
In response to the shooting incident in New Bedford
involving a police officer and a drug addict, Gun Owners Action League has
taken a proactive step to assist law enforcement. On January 10, 2007 State
Representative John Quinn (9th Bristol) filed, on behalf of GOAL, a bill
that would punish criminals who commit crimes with devices that intend to
convey the presence of a firearm.
The bill, "An Act Relative to Deceptive Weapon Devices"
would provide law enforcement and the courts a tool that would punish those
who are committing crimes with fake or look alike guns by allowing the
courts to convict them as if they are armed.
"This bill is a proactive measure that will hopefully
discourage criminals from pretending to have firearms in an attempt to
intimidate victims and cause problems for police in emergency situations."
said Jim Wallace GOAL Executive Director, "No police officer should have to
make the split second decision as to whether a criminal is holding a real
gun or a fake gun. Secondly, no criminal should get away without being
charged and convicted as being armed when they certainly intended everyone
to believe they were."
As a further note to this case, GOAL understands that the
officer involved in the shooting was cleared of any wrong doing.
Bill Language:
SECTION 1. Section 121 of Chapter 140 of the General Laws
is hereby amended by inserting the following definition:-
“Deceptive Weapon Device” Any device or
item used in the commission of a crime that is intended to convey the
presence of a weapon, as defined in this section, to a potential victim or
law enforcement officer. Such devices or items shall include, but not be
limited to, common air guns, toy guns, or substances carved or fashioned to
resemble a weapon.
SECTION 2. Chapter 265 of the General
Laws is hereby amended by inserting a new section:-
Section 45. Crimes committed with a
deceptive weapon device
Any person who is in possession of a
deceptive weapon device as defined in Section 121 of Chapter 140 of the
General Laws, during the commission of a violent crime as defined in Section
121 of Chapter 140 of the General Laws shall be deemed to be armed and shall
be punishable by penalties set forth in this Chapter.
_________________________
New Bedford Air Gun Update #2 -
11/14/06
With the help of the NRA, GOAL was
able to track down a federal law that prohibits State or local
municipalities from banning BB guns. GOAL is contacting the local New
Bedford legislators with this new information.
United State Code
TITLE 15 - COMMERCE AND TRADE
CHAPTER 76 - IMITATION FIREARMS
U.S. Code as of: 01/26/1998
Sec. 5001. Penalties for entering into commerce of
imitation firearms
(g) Preemption of State or local laws or ordinances;
exceptions
The provisions of this section shall supersede any provision of
State or local laws or ordinances which provide for markings or
identification inconsistent with provisions of this section
provided that no State shall -
(i) prohibit the sale or manufacture of any look-alike,
nonfiring, collector replica of an antique firearm developed
prior to 1898, or
(ii) prohibit the sale (other than prohibiting the sale to
minors) of traditional BB, paint ball, or pellet-firing air guns
that expel a projectile through the force of air pressure.
__________________________________________________________________
New Bedford Air Gun Update -
11/13/06
On Thursday, November 9th, a proposal was introduced before
the New Bedford City Council to ban future sales of air guns, require
licensing for existing air guns, and require that existing air guns be
painted fluorescent colors. If approved, the proposal would be sent to the
State House as legislation to affect the entire Commonwealth.
Gun Owners' Action League found out about the proposal when
it was announced the day before the City Council meeting. GOAL staff
promptly emailed and phoned all of our members in New Bedford, urging them
to call their City Councilors and to attend the meeting.
However, the City Council meeting is just the place to
introduce legislation. As expected, the measure was sent to the Appointments
and Briefings Committee and will have a public hearing, probably in late
December.
The sad part is that this proposal is based on an incident
in a crack house. New Bedford is having a serious crime problem, but
removing the lawful use and ownership of air guns is not an appropriate
response. Instead, Gun Owners' Action League is working with legislators and
public safety officials to carefully craft legislation that makes it a crime
to use an air gun, or imitation gun, during the commission of certain
crimes. Our position is that if a criminal committing a crime wishes to have
victims believe they have a firearm, then they should be punished as if they
did when caught. The tricky part as always is to craft the bill in such a
way as to protect lawful owners. We are also looking at giving the police
officers some protections and adding some language that might address fake
guns being used in prison and/or jail crimes.
When we are aware of the next hearing on this local
initiative, GOAL will alert the local membership.
____________________________________________
New Bedford City Councilor Seeks to Ban BB Guns Statewide
because of Crack House Incident!
On November 8,
2006 the Boston Globe published a story that announced the intentions of New
Bedford City Councilor Brian Gomes to push for a statewide ban of BB guns and
pellet guns.
click here to read the article
"If the requested legislation is passed, future tragedies . . . will be reduced or averted because there will be fewer legal pellet guns, BB guns, and no replicas that could be mistaken for the real thing," said Gomes.
(A copy of the motion is below.)
According to the article On Oct. 26, a "recovering" drug addict drew a pellet gun
on two police officers who had entered a crack house. The officers fired their guns, killing
the drug addict.
While this is certainly a tragedy for everyone involved,
especially the officers, the Commonwealth should not be passing legislation
banning lawful property based on an incident that occurred in between police and
drug addicts in a crack house.
GOAL is urging all of our New Bedford members to contact
their city councilors and ask them not to go down this ludicrous path of
punishing lawful citizens for something that happened in a crack house.
We also urge our statewide members to contact their legislators
and tell them that confiscating air guns from lawful citizens is not the way to
start off a new legislative year.
Here are some reasons you can tell them to
vote against the proposal:
-
Once again, it will affect only the good people of the
commonwealth. Will felons turn in their air guns?
-
It appears there will be no compensation for target shooters
that have to turn in their air guns. Remember, some competition air guns can
cost hundreds of dollars.
-
Why not instead create a law that would punish criminals who
brandish look alike fake guns as if they were in possession of a real gun?
-
This sends the wrong message to criminals by implying there
was something wrong with the police actions in shooting someone acting in a
violent manner towards them.
List of New Bedford City Councilors
CITY COUNCIL OFFICE
133 William Street, New Bedford, MA 02740
Open Monday - Friday 8:00 a.m. - 4:00 p.m.
Tel : 508-979-1455.....Fax: 508-979-1451
|
COUNCILLORS-AT-LARGE
...........Home# |
|
David Alves |
508-998-1688 |
|
Debora Coelho
|
508-971-0123 |
|
Brian K. Gomes |
508-990-0441 |
|
Denis Lawrence,
Jr. |
508-993-2113 |
|
John T. Saunders |
508-992-2929 |
|
WARD
COUNCILLORS |
|
Linda M. Morad |
508-995-8009 |
|
Paul Koczera |
508-992-7224 |
|
Joe F.
DeMedeiros |
508-991-8407 |
|
Viola Pina |
508-993-8681 |
|
Jane L.
Gonsalves |
508-997-3184 |
|
Leo R. Pimental |
508-984-1581 |
The New Bedford Motion
15. WRITTEN MOTION, Councillor Gomes,
asking that the New Bedford City Council go on record in support of requesting
our State Delegation to file a Bill, along with the Senate President and Speaker
of the House, banning the sale of pellet guns/BB guns and replicas of such
handguns as Glocks, 9 mm’s and sawed-off shotguns; further, that the ban request
that no replica gun/pellet gun/BB gun be sold in the Commonwealth of
Massachusetts, unless of a florescent color such as blue, green, yellow or
orange, with no sale of these guns replicating the black, brown or silver of
real guns; further asking, that our neighboring New England States -
Connecticut, Rhode Island, New Hampshire, Vermont and Maine - be sent a letter
requesting them to follow suit in filing this Legislation, thereby making New
England an area free of pellet guns/BB guns that look and replicate real
handguns or shotguns; further, that a grace period be given to the people of the
Commonwealth, once the law is passed, to turn in all guns that are replicas of
real handguns or shotguns, as well as a grace period that also gives an
opportunity to those that have those guns to paint them a florescent color;
further, that the Legislation also include licensing for all pellet guns/BB guns
in the Commonwealth; and further, that a grace period be given for a “buy-back”
type of approach to those that have pellet guns/BB guns, requesting and
encouraging parents to take immediate action to remove these guns from their
homes through this “buy-back” program.
Bill would urge ban on pellet, BB guns
New Bedford might call for statewide action
By Raja Mishra, Globe Staff | November 8, 2006
New Bedford city councilors will vote tomorrow on a measure that urges state legislators to ban pellet, BB, and replica guns, weeks after a 38-year-old man was fatally shot by police after drawing a pellet gun.
Brian K. Gomes , councilor at large, said he plans to introduce a motion that would call on the city's Beacon Hill delegation, as well as legislative leaders, to push for a wide-ranging ban on fake firearms that could confuse police. The proposed bill would ban all sales of BB and pellet guns, as well as replicas of handguns and sawed-off shotguns, unless they are brightly colored.
"If the requested legislation is passed, future tragedies . . . will be reduced or averted because there will be fewer legal pellet guns, BB guns, and no replicas that could be mistaken for the real thing," said Gomes. "There has been enough heartbreak caused by previous misfortunes and tragic events occurring throughout the Commonwealth."
On Oct. 26, two police officers encountered Lamont S. Cruz in a New Bedford crack house. Cruz, a recovering drug addict who was studying to become a drug counselor, drew a pellet gun, authorities said. Officers Justin Kagan and Arthur Hegarty fired their guns, killing Cruz. Both officers remain on paid administrative duty while the office of Bristol District Attorney Paul F. Walsh Jr. investigates the shooting.
Cruz, who had two daughters, had been on parole stemming from a 1990 manslaughter conviction .
In an interview shortly after his death, Cruz's wife of nine years, Marcy , said her husband was adamant that he would never be behind bars again. He may have pulled out the pellet gun because he thought the two officers were going to arrest him, she said.
Under Gomes's proposal, Massachusetts residents would be given a grace period to turn in such weapons or to paint them bright colors.
He also suggested that state lawmakers could establish a buyback program.
The proposal, if passed by the City Council, would be only advisory.
Raja Mishra can be reached at rmishra@globe.com. 
© Copyright 2006 Globe Newspaper Company.
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