Posted on 11/22/2006 10:16:16 AM PST by kiriath_jearim
Monroe County District Attorney Mike Green, Cathy Mazzotta, Executive Director of Alternatives for Battered Women and representative of the Domestic Violence Consortium and New York State Senator Joe Robach today announced a proposal to amend the gun laws to correct a drafting issue and provide much needed protection to victims, particularly domestic violence victims.
District Attorney Green credited Senator Robach, Assemblyman Morelle, the legislature and the Governor for amendments to the gun laws, which took effect November 1, 2006.
These amendments raise the illegal possession of a loaded handgun to a class C felony (Criminal Possession of a Weapon in the Second Degree), and accordingly mandate prison sentences for those convicted of such criminal conduct.
This change brings the state law into line with the existing plea policies of the Monroe County District Attorney’s Office and the federal laws utilized through Project Exile. The recent spate of gun violence in our community demonstrates the need to treat illegal gun possession crimes seriously.
However, these same amendments created an issue which must be fixed. Prior to November 1, 2006 a person who possessed a loaded gun in his or her own home, pointed it at another innocent person and threatened to shoot the victim with the gun would be guilty of a class C violent felony and would face mandatory prison time.
After the November 1, 2006 amendment, that same person would be guilty of only a class A misdemeanor and would face no prison time at all. If the person engaged in the same conduct in the street outside the home that person would be guilty of a class C felony. Green and Mazzotta pointed out that the new law has the unintended consequence of providing less protection to victims of domestic violence in their homes, the very place they most need the protection.
Green and Mazzotta noted that both Senator Robach and Assemblyman Morelle have been very responsive to the needs of crime victims and domestic violence victims in the past and thanked them both for their prompt support of this measure to protect crime victims and particularly victims of domestic violence.
How about just let those victimized by domestic violence own a pistol?
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