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.

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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.

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.

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

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.