Gun Control & RKBA
Related: About this forumAssault weapon in hospital shooting was 'lawfully transferred': ATF
Source: ABC News
By MICHAEL EDISON HAYDEN Jul 3, 2017, 4:55 PM ET
The assault rifle used by a doctor to kill one and injure several others in a New York City hospital last Friday was "lawfully transferred" to the shooter from a gun shop in upstate New York, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Law enforcement sources said Dr. Henry Bello hid the gun -- identified by law enforcement sources as an AR-15 -- under his white lab coat and then opened fire in Bronx-Lebanon Hospital, where he used to work. He then tried to set himself on fire and fatally shot himself, the sources said.
Matthew Myerson, acting spokesman for the ATF, told ABC News that while the gun was "lawfully transferred," an investigation into Bello, as well as the purchase of the weapon, is ongoing. He would not elaborate.
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Gov. Andrew Cuomo signed a ban on assault weapons into law in January 2013, following the Sandy Hook school shooting.
The law, known as the SAFE Act, tightened the definition of assault weapons as used by New York State, but it was not clear how the AR-15 was transferred to Bello.
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Read more: http://abcnews.go.com/US/assault-weapon-hospital-shooting-lawfully-transferred-atf/story?id=48415908
gejohnston
(17,502 posts)"assault weapon" is a political and legal term, not a technical term. This "AR" is not an "assault weapon" under NY, or any other US law. Target pistols used in the World Cup or the Olympics, like the Walther GSP, are "assault weapons" under NY law.
Blues Heron
(6,131 posts)gejohnston
(17,502 posts)It lacked the flash hider and a pistol grip, therefore it is not an "assault weapon" under NY law.
http://news10.com/2015/10/19/gun-shops-say-safe-act-only-bans-two-features-on-ar-15s/
http://www.thetruthaboutguns.com/2017/06/foghorn/breaking-ny-hospital-shooter-used-ny-legal-ar-15/
Straw Man
(6,771 posts)The New York SAFE Act defines "assault weapons" and bans them according to that definition. This doesn't fit the definition, and therefore is not an "assault weapon" in New York State.
http://smartgunlaws.org/assault-weapons-in-new-york/
The killer had a Bronx address, which means he would fall under NYC laws requiring registration of long guns. That wouldn't have prevented his purchase of it, but would have prevented him from legally bringing it into NYC. As we can see, that was quite the deterrent.
discntnt_irny_srcsm
(18,577 posts)IIRC a number of "mass-shootings" have taken place in so-called "gun-free" zones or in venues where the owner/operator prohibits firearms. IMNSHO, as long as one is depending on the honor system to enforce those restrictions, only the honorable will be complying.
YMMV
Throck
(2,520 posts)Doctors address was Bronx too, how'd he buy a gun without NYC permit?
hack89
(39,179 posts)like this one:
?c=2
http://ddsranch.com/ruger-ar-556-5-56mm-new-york-state-safe-act-legal-ar-15-type-rifle/
And he got his gun in upstate NY.
jmg257
(11,996 posts)His looked to be like a cut-off style -
Compared to these fugly things...
?ve=1&tl=1
hack89
(39,179 posts)my only point.
jmg257
(11,996 posts)pablo_marmol
(2,375 posts)krispos42
(49,445 posts)If NY bans flash reducers, they make guns without flash reducers. If NY bans bayonet mounting lugs, they make guns without bayonet mounting lugs. If NY bans telescoping and/or folding buttstocks, they make guns without telescoping and/or folding buttstocks.
The definition of "assault weapon" begins with the conditions that the gun be a) semi-automatic, and b) feed from a detachable magazine. By replacing the finger-activated magazine catch with one that requires a tool you can move a gun (such as an AR-15) from "banned" to "acceptable".
Somebody out there is also making a pump-action AR-15. Because it's manual-action, you can have front-and-back pistol grips, flash hiders, bayonet lugs, folding/telescoping stock, etc.
If NY state was serious about it, they would simply ban all semi-automatic long guns without exception.
jmg257
(11,996 posts)They would have both been illegal to transfer.
"Legally transferred" means that it didn't fall under the NY state definition of "assault weapon". Therefore, in NY, it wasn't an assault weapon. So much for banning cosmetic features, huh. Really makes the anti gun side less confused.