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Discussion Starter · #1 ·

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Someone did ask this question:

I understand they now want to limit magazine capacity from 10 bullets to 7. How will this impact pre-existing legally owned firearms that exceed this limit?

Answer From DA-

The seven round capacity is a proposal by the governor, not the state DA's Association. If it passes, 10-capacity magazines will be grandfathered in, you just won't be able to sell them legally.
 

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I've yet too see an anti-gun question be posted
 

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I posted the question: does NY usually pass legislation before official investigations of crimes are completed? and why is all evidence in the CT crime sealed for 3 months.

Problem is that they are screening the questions.
 

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There it is, peeps, a well thought out response, and yet another slight of the hard working police force that already works hard to remove guns from homes where there is the potential for violence. Our DA would prefer some ideal that has negligible effect on the potential to reduce violence, versus the proven hard work from our finest officers that is a proven method to prevent further violence.... oh and that hard work and the rules that we all play by already exist in Onondaga county.

And for anyone who has gone through the permit process in Onondaga county, it's hardly a slight inconvenience, nor is is cheap. It is time consuming, expensive, and you need to find four people who you trust enough to know that you have a pistol. I can only imagine how it will be when we have to do this every, say, seven years. Maybe not too bad for a connected guy who makes over $125000 a year, but for us Joe nobodies who barely make above poverty levels this is huge.

William Fitzpatrick: Wouldn't you be willing to trade the slight inconvenience of renewing your pistol permit say every seven years for keeping weapons out of the hands of lunatics that would use them to kill our children? I would.
Monday January 14, 2013 12:49 William Fitzpatrick
12:48
[Comment From NYHUNTER NYHUNTER: ]
Regarding the responses to [correlate drivers licesnse with] permit renewals, currently you can do this online, and there is absolutely no demonstration of the driver's capacity to drive a car. The permit system is tied with the other systems in Onondaga county, so that if circumstances do change that result in protective orders, domestic disputes, etc, your permit is reviewed, and more often than not is revoked. What true benefit wouild outweigh the additional cost and inconvenience of the law abidind citizen?
 

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Discussion Starter · #9 ·
I like this one... :bang:

Richard:
Thank you for taking the time to participate in this. Last year there were only 5 murders in NY that were tied to rifles. In all of America, less people died in 2011 from rifles that from hammers, clubs and other blunt objects. How would legislation to demonize certain modern sporting rifles or reduce limits in "high capacity magazines" do anything to keep guns from the hands of criminals? Further, how is this anything more than a knee jerk reaction to the terrible tragedy in Newtown? Given the relative weight of rifle murders vs hammer murders -- Do you have any suggestions of what we can do to limit hammers, clubs and other blunt objects?




William Fitzpatrick:
Pharmacies kill 10,00 people a year but we shouldn't ban therapeutic drugs. Assault weapoons account for a very small percentage of homicides in New York State but they appear to be the gun of choice for lunatics attacking our schoolchildren. I'd like to give Bambi and third graders at least a fighting chance.
 

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Discussion Starter · #12 ·
I submitted a question if the shooter at sandy hook only had a shotgun if he feels the outcome would have been different? It was never posted or answered i feel like he was choosing which questions to answer
He answered all of mine... I think you needed to be online in the first few minutes to get questions in.
 

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I was half way through typing up a message about how the permit renewal process seemed to be driving more by the states incompetence to balance a budjet and looking for a way to squeeze more money out of the people. Was also going to mention that HIPPA laws keep a lot of mental health info sealed so it can't go into the NICS system like it should be. Maybe I'll just e-mail him instead. I'm glad he doesn't make law also. I haven't seen where it mentions hunting in the second amendment yet :facepalm:

Here's a transcript for future reference: (Sory for the huge post, do we have spoiler tags here?)

The Post-Standard:
Thank you for joining us for our live Q&A on gun control with Onondaga County District Attorney William Fitzpatrick. Mr. Fitzpatrick will begin answering your questions at about 12 p.m.; we will open the session up for questions shortly. To submit a question, enter your name and your question in the boxes at the bottom of this Q&A window and click "Send."

Please note: Your questions will not publish immediately. We will post questions and their responses together to keep the Q&A in a readable order. Depending on the volume of questions, we may not be able to answer them all.

Monday January 14, 2013 11:50
The Post-Standard:
You may begin submitting your questions at this time.

Monday January 14, 2013 11:59

William Fitzpatrick:
Hi, I'm here and ready to answer your questions.

Monday January 14, 2013 12:01

Richard:
Thank you for taking the time to participate in this. Last year there were only 5 murders in NY that were tied to rifles. In all of America, less people died in 2011 from rifles that from hammers, clubs and other blunt objects. How would legislation to demonize certain modern sporting rifles or reduce limits in "high capacity magazines" do anything to keep guns from the hands of criminals? Further, how is this anything more than a knee jerk reaction to the terrible tragedy in Newtown? Given the relative weight of rifle murders vs hammer murders -- Do you have any suggestions of what we can do to limit hammers, clubs and other blunt objects?

Monday January 14, 2013 12:01

William Fitzpatrick:
Pharmacies kill 10,00 people a year but we shouldn't ban therapeutic drugs. Assault weapoons account for a very small percentage of homicides in New York State but they appear to be the gun of choice for lunatics attacking our schoolchildren. I'd like to give Bambi and third graders at least a fighting chance.

Monday January 14, 2013 12:02

Jim:
Why is it in a fatal dwi they go after the offender, when a firearm incident happens they go after the law adiding citizens firearms?

Monday January 14, 2013 12:03

William Fitzpatrick:
Because it's not illegal to own a car.

Monday January 14, 2013 12:03

Brad:
How does gun control make us safer when criminals by their very nature do not follow the law?

Monday January 14, 2013 12:03

William Fitzpatrick:
By gun control I mean limiting the lawful possession of handguns to citizens who pass a background check, are free of mental illness and don't have a criminal record. Obviously, we have had gun control in New York State for 200 years and criminals will still get guns. I just want to make it a little harder for them.

Monday January 14, 2013 12:05

Hank:
I understand they now want to limit magazine capacity from 10 bullets to 7. How will this impact pre-existing legally owned firearms that exceed this limit?

Monday January 14, 2013 12:05

William Fitzpatrick:
The seven round capacity is a proposal by the governor, not the state DA's Association. If it passes, 10-capacity magazines will be grandfathered in, you just won't be able to sell them legally.

Monday January 14, 2013 12:06

Joe:
Can you describe how any of the "evil features" in the NY AWB, such as collapsible stocks, pistol grips, and flash suppressors present any meaningful danger?

Monday January 14, 2013 12:07

William Fitzpatrick:
I think the statute was an honest effort to describe what Justice Scalia refers as "weapons not typically possessed by law-abiding citizens for lawful purposes."

Monday January 14, 2013 12:08

Peter:
Mr. Fitzpatrick, why do you support making handgun permits renewable? Is it not true that firearms crimes by handgun permit holders is exceedingly rare?

Monday January 14, 2013 12:08

William Fitzpatrick:
Second question, answer, "yes." First question, people's mental status can change, people can be in a lovng relationship that may turn violent after the passage of time, and I could give you 100 other reasons. If we periodically review our capacity to drive a car, it makes sense to me that we should do the same with out ability to own a firearm.

Monday January 14, 2013 12:10

Guest:
Will we be as sucessful keeping guns from coming over the boarder as we are drugs?

Monday January 14, 2013 12:10

William Fitzpatrick:
I get the sarcasm. But I'm not waving a white flag of surrender. And many guns, by the way, that are used illegally in New York come from southern states with more lenient gun laws.

Monday January 14, 2013 12:11

Ryan:
Why when i apply, am i denied the ability to obtain a concealed carry permit in my county? There is no reason to reject my request, "wanting to protect my family" is not a good enough reason? I ask why? If i was a criminal seeking to cause harm i would not bother going through the appropraite legal channels to obtain such. And in a county right next to me, my sister in law was granted a concealed permit without even asking for one? Please explain the logic here

Monday January 14, 2013 12:12

William Fitzpatrick:
You should seek judicial review of the denial of your full-carry request.

Monday January 14, 2013 12:13

James:
The AR-15 style rifle is one of the most widely used, and most popular rifle that is used in shooting competitions throughout the country. It also has the capability to be chambered in all common calibers available. Banning this style of rifle would have a severe impact on those who participate in shooting sports, as well as an impact on these shooting organizations, including the government sponsored Civilian Marksmanship Program. Has this been considered?

Monday January 14, 2013 12:13

William Fitzpatrick:
I know that assault weapons are already illegal in New York and I do not know if the weapon you described is included in that ban. If you'd like, please email me more info about that.

Monday January 14, 2013 12:14

Guest:
Why not list hose with illegal gun convictions on a state database

Monday January 14, 2013 12:14

William Fitzpatrick:
Law enforcement are aware of where convicted criminals live but there is no equivalent to Megan's Law for gun offenders. Might not be a bad idea to explore.

Monday January 14, 2013 12:16

Jim L.:
Mr. Fitzpatrick, you say you want to give bambi and third graders a fighting chance. I submit that 1), the 2nd amendment is not about hunting and 2) if you want to give third graders a fighting chance, then you need to give those who are charged with protecting them the ability to do so. How does any gun ban or restrictive law for a law-abiding individual accomplish this goal?

Monday January 14, 2013 12:16

William Fitzpatrick:
First of all, the Second Amendment was primarily drafted to ensure personal protection, secondarily to prevent government tyranny, and lastly to protect hunting rights. I don't have any problem with trained police officers in schools. And as far as law-abiding individuals, the statute is really not directed at them. If a law-abiding citizen suffers a minor inconvenience in obtaining a weapon, that's a small price to pay for keeping weapons of mass destruction away from the Holmeses and Lanzas of this world.

Monday January 14, 2013 12:19

snuffy:
Good afternoon, I have a question about this ban that many of you would like . what is going to happen to us law abiding monsters that had purchased one of these firearms legally in the last 10 years? Should we send them to auction now or put them up for sale? I dont want to become a felon over night . THANKS

Monday January 14, 2013 12:19

William Fitzpatrick:
If you are speaking about assault weapons, they are already illegal in New York. There is a loophole, however, if a gun was manufactured before September of 1994. The only thing contemplated being made illegal is your re-sale of that type of gun. Sell it now -- hopefully out of state.

Monday January 14, 2013 12:21

John P:
I really do not understand all the band wagon gun hype right now. Unless guns completely vanish from the earth tell me how this assualt weapons ban is going to do any good at all. Also tell me how its right for any politician to impliment any ruleing/judgement unless passed by the people first. I thought the people of this free country are the bosses not the other way around.

Monday January 14, 2013 12:22

William Fitzpatrick:
Everything proposed by the state DA's Association is entirely consistent with Supreme Court rulings on the Second Amendment. It has long been the holding of the Supreme Court that certain types of miliary style weapons or weapons designed solely for criminal use (for example, machine guns,, sawed-off shotguns, etc.) may be banned. That is completely consistent with our form of government.

Monday January 14, 2013 12:24

Phil:
If the vast majority of gun murders are committed by pistols, why not go after pistols? Don't you care about the over 6,000 people each year who die as a result of pistols, instead of just the 300 killed by rifles?

Monday January 14, 2013 12:24

William Fitzpatrick:
To ban pistols would require an outright repeal of the Second Amendment, something that is not going to happen in our lifetime,

Monday January 14, 2013 12:25

Will:
How do you expect citizens to protect themselves when a team of burglars comes after them and you limit rounds?

Monday January 14, 2013 12:25

William Fitzpatrick:
I would expect you to use every lawful means at your disposal to protect yourself, including dialing 911. I suspect that the burglars may flee after you fire your first shot. Wouldn't you hate to unload an AK-47 on some people at your doorstep and find our later they were Jehovah's Witnesses.

Monday January 14, 2013 12:27

Rich:
In your tenure as a prosecutor, have you ever prosecuted anyone for any crime that involved an "assault weapon"? As I understand almost no crimes are committed with them. Handguns are the source of most gun violence, by far.

Monday January 14, 2013 12:28

William Fitzpatrick:
You are correct and I can think of less than 10 prosecutions in my 30-year career for crimes committed with assault weapons. Please remember that we have not had a Columbine situation in New York, thank God.

Monday January 14, 2013 12:29

Dick:
How do you control the guns and clip aready in the market?

Monday January 14, 2013 12:29

William Fitzpatrick:
If the governor's proposals go through, it wil only be illegal to resell those guns, unless someone is drafting a statute I haven't seen yet. The Legislature has not yet suggest confiscation.

Monday January 14, 2013 12:31

The Post-Standard:
We have received a tremendous number of questions -- thank you for your submissions. We are turning off new submissions at this time, but Mr. Fitzpatrick will continue to answer as many of those already submitted as possible.

Monday January 14, 2013 12:31

Dave:
Regarding the effectiveness of bans, can you explain how New York's current assault weapons ban (1994 Federal ban adopted by NYS) impacted the shooting in Webster?

Monday January 14, 2013 12:31

William Fitzpatrick:
It appears that a person illegally obtained the weapons for the Webster shooter. She will be dealt with appropriately, I assume. It further appears that the Webster shooter's goal was to take casualties and commit suicide by cop. He probably could have accomplished his goals with conventional long rifles or a handgun. The purpose of these statutes suggested by the DA's is to make the obtaining of a weapon as difficult as possible, not for the law-abiding citizen, but for the criminal.

Monday January 14, 2013 12:34

Scott:
There is no such thing as a 7-round magazine, yet you have endorsed the Governor's restriction. When NYS went to a 10-round limit it was almost 18 months before gun manufacturers could adjust production for NYS's singular policy. This limit will likely not be accommodated by the market. With most criminal use of a firearm using 3 rounds or less what is the point other than severe inconvenience to law abiding gun owners?

Monday January 14, 2013 12:35

William Fitzpatrick:
I have not endorsed the governor's seven-round magazine limit. Incidentally, there certainly are weapons with seven-round magazines.

Monday January 14, 2013 12:36

Marc:
Do you really believe the 2nd amendment is about hunting?

Monday January 14, 2013 12:36

William Fitzpatrick:
As I said previously, discussions in 1788 indicate that the Second Amendment was primarily drafted to support personal defense. A second reason was to combat possible government tyranny. And finally there was a consideration for hunting rights.

Monday January 14, 2013 12:37

Jim:
If a person can be trusted to carry 7 rounds why can they not be trusted to carry a standard 30 round mag?

Monday January 14, 2013 12:38

William Fitzpatrick:
The point in restricting 30-round magazines is to make it as difficult as possible for lunatics to inflict massive destruction on movie theaters, shopping malls and schools. Soldiers will still be able to carry high capacity clips.

Monday January 14, 2013 12:39

Jen:
The 2nd amendment talks about the unfringed right to bear arms and makes no mention of nuclear weapons or or specific weapons so how is it that the proposed legislation isn't a violation of the 2nd amendment?

Monday January 14, 2013 12:39

William Fitzpatrick:
The First Amendment guarantees free speech in all kinds of forms, even though there were no telephones, laptops or computers in 1788. And the Second Amendment, like the First Amedment, has never been interpreted to bestow an unfettered, unlimited right to bear arms.

Monday January 14, 2013 12:41

Robert:
Do you think there were any improprieties with the Fire Chief's statements and the arson investigators carrying concealed weapons.

Monday January 14, 2013 12:42

William Fitzpatrick:
I don't have any problem with trained fire investigators carrying weapons. They perform an extraordinarily dangerous job and, properly trained, should be able to carry firearms.

Monday January 14, 2013 12:42

Scott:
Assembly Democrat Majority refused a gun-offenders registry last week. Fitz, would you pledge to no longer plea any gun related crime? As a legal gun owner I get frustrated at the lack of teeth in state law and the frequency at which criminal use/possession of a firearm is subject to a plea bargain.

Monday January 14, 2013 12:43

William Fitzpatrick:
Absent extraordinary circumstances, such as suppression of evidence, failure to prove operablity or some other circumstance, my policy since 1992 is not to plea-bargain illegal gun cases. Part of the package recommended by the state DA's Association is to include a mandatory five-year consecutive sentence in any gun crime.

Monday January 14, 2013 12:45

Guest:
Hello Mr. Fitzpatrick. Cuomos proposed bans would likely violate "Heller". What our are lawmakers views on this? Why does he equate bans and limitations with decreasing criminal behavior when statistics have proven the opposite?

Monday January 14, 2013 12:46

William Fitzpatrick:
Hello back at you. I don't believe the governor's proposal would violate Heller (a recent Supreme Court decision out of the District of Columbia). As the court said, "The Second Amendment conferred an individual right to keep and bear arms. Of course, the right was not unlimited..."

Monday January 14, 2013 12:47

NYHUNTER:
Regarding the responses to permit renewals, currently you can do this online, and there is absolutely no demonstration of the driver's capacity to drive a car. The permit system is tied with the other systems in Onondaga county, so that if circumstances do change that result in protective orders, domestic disputes, etc, your permit is reviewed, and more often than not is revoked. What true benefit wouild outweigh the additional cost and inconvenience of the law abidind citizen?

Monday January 14, 2013 12:48

William Fitzpatrick:
Wouldn't you be willing to trade the slight inconvenience of renewing your pistol permit say every seven years for keeping weapons out of the hands of lunatics that would use them to kill our children? I would.

Monday January 14, 2013 12:49

Adam:
Could you please expand further on what will be considered as "mental health treatment"? Will all citizens who seek psychiatric care have their permits revoked? Will the same apply for vets with PTSD?

Monday January 14, 2013 12:49

William Fitzpatrick:
Good question. Difficult to answer in this format in this period of time. The DA's do support an expansion of Kendra's Law. I would not want to make a blanket statement regarding vets with PTSD though I think that's an issue that certainly should be explored. Rememer, any denial determination would be subject to judicial review.

Monday January 14, 2013 12:51

Chris:
Why can't juveniles with weapons be prosecuted more severely?

Monday January 14, 2013 12:51

William Fitzpatrick:
Thirteen, 14 and 15 year olds, for certain offenses, can be prosecuted as adults (juvenile violent offenders). The trend, both in New York and nationally, is to treat teenage offenders 18 and under in a Family Court setting, a trend I do not support. Just as a reminder, except for the crimes I noted, offenders under 16 are handled in Family Court in New York.

Monday January 14, 2013 12:53

Guest:
When I renewed my driver's license, I did not have present anything other then payment. If all this energy spent on gun control was truly about saving lives, then wouldn't steps to make it more difficult to get a driver's license (stricter driving tests, better driver's education, etc.) save more lives than any gun control laws?

Monday January 14, 2013 12:54

William Fitzpatrick:
Maybe so. No reason to not try to improve both systems.

Monday January 14, 2013 12:54

Guest:
Mr. Fitzpatrick... "3rd graders a fighting chance". I mean, this is the most ridiculous statement I've heard. If you want to give anyone a fighting chance, it should be minorities in cities like Chicago and Detroit that are DECIMATED by ILLEGAL HAND GUN VIOLENCE. ENFORCE THE CURRENT LAWS. Leave tax paying, law abiding Americans alone!

Monday January 14, 2013 12:55

William Fitzpatrick:
The most ridiculous statement? Really? Are you suggesting we arm the citizens of Chicago and Detroit? I guess there's two ways to look at this. One, 20 schoolchldren are murdered by a maniac with an assault weapon and my first concern is whether or not I can target practice next week. Or, two, we can put reasonable minds together and try to come up with some sensible laws to prevent this from happening again, laws that are consistent with our Second Amendment rights.

Monday January 14, 2013 12:57

william A GEARHART:
WHAT IS YOUR ACTUAL POSITION ON FIREARMS RESTRICIONS IN YOUR DISTRICT ?

Monday January 14, 2013 12:59

William Fitzpatrick:
I believe that law-abiding citizens have a right under the Second Amendment to bear arms and by bear arms I am not talking about weapons that were specifically designed for military use. Quite frankly the overwhelming majority of Americans agrees with me. I am, as a gun owner, willing to suffer through minor inconveniences if it means even one less Sandy Hook in our future.

Monday January 14, 2013 1:01

William Fitzpatrick:
Thank you to all who offered questions. I thought the questions were reasonable and if you would like further information about any of my positions, feel free to visit my website at ongov.net. Many thanks!

Monday January 14, 2013 1:02

The Post-Standard:
Thank you for your questions today, and our thanks to District Attorney Fitzpatrick for taking the time to answer them. We received many more questions than we had time to answer -- our apologies we could not respond to them all.

Monday January 14, 2013 1:02
 

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That guy is a complete prick.

" Quite frankly the overwhelming majority of Americans agrees with me."

Hey look, I found another case of imaginary majority.

Hint: If the overwhelming majority of Americans agreed with you, why are they not banned yet? Is there a force field around the paper that you would right the bill on?
 
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