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FL: Bill Would Boost Penalties for Criminals Using 'Assault Weapons'
CNS News ^ | 2/7/08 | Susan Jones

Posted on 02/08/2008 9:02:17 AM PST by kiriath_jearim

Hoping to reverse an "alarming trend," two Florida state lawmakers, both Democrats, have introduced a bill that would require stiffer mandatory sentences for criminals who use semiautomatic or automatic weapons.

The legislation also targets criminals who fraudulently acquire assault weapons and sellers who "know or should have known the buyer was using false identification."

In a Feb. 6 news release announcing the bill, State Senator Gwen Margolis and Representative Evan Jenne mentioned a case in September, where a 25-year-old fugitive shot and killed a Miami-Dade police officer with a semi-automatic rifle.

In 2006, there were 19 reported homicides involving assault weapons in Miami-Dade County alone, the lawmakers said.

The bills introduced in both the Florida House and Senate (SB 782/HB 425) would require a mandatory life sentence for a criminal who uses a semi-automatic or automatic weapon during the commission of a crime, resulting in death or serious bodily injury.

Criminals using those weapons to commit crimes that do not involve death or injury would get a minimum 25 years in prison.

And criminals who use false identification or identity theft to buy or sell a semi-automatic or automatic weapon -- even if they do not use it to commit a crime -- will face up to 15 years in prison and up to $25,000 in fines.

"Current law is not effectively assisting law enforcement in getting illegally obtains guns off the street. Our intent is to provide law enforcement with the tools necessary to keep the public safe," said Jenne.

The lawmakers said they hope to "break the supply chain and reduce the number of illegally obtained guns in our communities."

The legislation has the support of the Miami-Dade Police Department, the Florida Police Chiefs Association, the Florida Sheriff's Association, the Fraternal Order of Police, and the Police Benevolent Association, the lawmakers said.

However, Second Amendment groups are expected to reject the legislation. The South Florida Sun-Sentinel quoted one lobbyist for the National Rifle Association, who called the proposal flawed.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: Florida
KEYWORDS: banglist
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1 posted on 02/08/2008 9:02:20 AM PST by kiriath_jearim
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To: kiriath_jearim
In 2006, there were 19 reported homicides involving assault weapons in Miami-Dade County alone

Do any of these asshats have a clue as to what an "assault weapon" is?

2 posted on 02/08/2008 9:07:23 AM PST by ASA Vet
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To: ASA Vet

However, the bill is aimed at the right people — the criminals, not the peace-abiding gun owners.


3 posted on 02/08/2008 9:09:23 AM PST by Migraine (...diversity is great... until it happens to YOU...)
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To: kiriath_jearim

How long before butterknive’s are classified as “assault weapons”?

If the weapon is not designed to fire multiple rounds with a single trigger pull, IT IS NOT AN “Assault weapon”!

“semi-automatic” anything, IS NOT AN “Assault weapon”!

This is a political creation, intended to make gun grabbers sound reasonable.


4 posted on 02/08/2008 9:09:35 AM PST by G Larry (HILLARY CARE = DYING IN LINE!)
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To: kiriath_jearim

Note to self: Use revolver for next armed burglary in FL.


5 posted on 02/08/2008 9:11:39 AM PST by Pearls Before Swine (Is /sarc really needed?)
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To: kiriath_jearim

Makes since to me.

Being shot by someone with a pretty weapon is much less deadly than being shot by someone with an ugly weapon.


6 posted on 02/08/2008 9:12:06 AM PST by MeanWestTexan (Atah kaki metumtam, McCain)
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To: ASA Vet
Apparently not:

would require a mandatory life sentence for a criminal who uses a semi-automatic or automatic weapon during the commission of a crime, resulting in death or serious bodily injury.

Guess that means a Ruger 22 too....

7 posted on 02/08/2008 9:13:53 AM PST by KenHorse (I am Shakespeare of Borg. Prepare to be or not to be)
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To: kiriath_jearim

Thats just about all of the democrat legislators in Florida. :)
About zero chance of this going anywhere here.


8 posted on 02/08/2008 9:30:40 AM PST by bill1952 (I will vote for McCain if he resigns his Senate seat before this election.)
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To: JulieRNR21; kinganamort; katherineisgreat; floriduh voter; summer; Goldwater Girl; windchime; ...
Florida Freeper


9 posted on 02/08/2008 9:36:55 AM PST by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: Migraine
However, the bill is aimed at the right people — the criminals, not the peace-abiding gun owners.

Absolutely. People who use guns in a crime should be punished harshly. The more reckless and dangerous the gun and its use, the more harsh the crime should be. 2nd Amendment advocates should not appear to be defending the use of a gun in committing a crime.

10 posted on 02/08/2008 9:39:42 AM PST by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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To: kiriath_jearim

There aren’t many details about the law in the article but it seems to me that if you use an automatic weapon in self-defense, but the jury decides you weren’t justified, you get your sentence boosted for the crime of assault with a deadly weapon or murder. Great . . . cause plenty of people have semi-automatic pistols for self-defense.


11 posted on 02/08/2008 9:40:59 AM PST by Greg F (A vote for Huckabee is now a pure vote for a contested convention. Think about it.)
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To: kiriath_jearim

And just how many criminals have used an “assault weapon” in the commission of a crime?


12 posted on 02/08/2008 9:42:21 AM PST by Paleo Conservative
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To: Migraine
sellers who "know or should have known the buyer was using false identification

So now I "should have known", by whose standards?

13 posted on 02/08/2008 9:44:37 AM PST by Hazcat (We won an immigration BATTLE, the WAR is not over. Be ever vigilant.)
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To: kiriath_jearim

So I’m less dead, my family’s grief is lessened, and accordingly the criminal should get a break if I’m murdered with a knife or a revolver instead?


14 posted on 02/08/2008 9:45:31 AM PST by CGTRWK
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To: kiriath_jearim

Maybe if FLA wasn’t so soft on criminals using any weapon they wouldn’t have room to toughen the law for “assault” weapons.


15 posted on 02/08/2008 9:46:04 AM PST by CodeToad
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To: kiriath_jearim

WastedYears typing

They’re kidding

... Right?


16 posted on 02/08/2008 9:47:07 AM PST by wiggen
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To: Migraine

WastedYears typing

***However, the bill is aimed at the right people — the criminals, not the peace-abiding gun owners.***

That’s what they want you to think.


17 posted on 02/08/2008 9:48:04 AM PST by wiggen
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To: kiriath_jearim
10-20-Life doesn't already cover this? I doubt criminals are going to see the delta in sentence as a great deterrent. "OMG, you mean I get life instead of 20 years? Wow, I better not use an assault weapon. I'll just use a revolver instead and only get 20 years. That's better than life!"
18 posted on 02/08/2008 9:55:40 AM PST by NonValueAdded (Who Would Montgomery Brewster Choose?)
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To: kiriath_jearim
Just what exactly is an "assault weapon"? Just a rifle that is too ugly? How does one define it in law so that everyone can know which firearms are and which ones are not banned?

Here is a simple test: why is one an "assault weapon" and therefore banned under the now-expired federal law and one is not?


My thanks to Model1Sales.com for the hotlinks to their fine firearms.

19 posted on 02/08/2008 9:58:15 AM PST by theBuckwheat
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To: theBuckwheat
The following letter to the editor of a local paper responding to a similar demand on the anniversary of the Columbine Massacre pretty much covers the lack of logic about so-called "assault weapons", an proposals to reduce crime by restricting them:

Ryan Kulik of Missourians Against Handgun Violence, in his May 6 Tribune column, appealed for extension of the present ban on "assault weapons." For his reason, he cited the Columbine massacre, with the question, "What if the Columbine gunmen did not have access to these deadly weapons?"

The two Columbine murderers carried a total of four firearms. They each carried a 9mm firearm and a sawed-off 12-gauge shotgun. They also carried 95 bombs.

Under the "assault weapons" ban that Kulik wants extended, only one of the murderers’ firearms is affected. Of the three remaining, the two sawed-off shotguns were banned years ago. All 95 bombs were banned.

How does Kulik propose - in hindsight - to prevent Columbine? By denying the murderers "these deadly weapons," meaning the single, now banned, "assault weapon" in the same exact way the law denied the murderers sawed-off shotguns and bombs? Of course, the murderers also ignored the laws forbidding assault and murder.

By omitting 95 banned bombs while fretting about one firearm they hope to continue to ban, people like Kulik engage in shameless exploitation of Columbine. For them, there is no advantage to mentioning already banned objects.

Indeed, they are a hindrance to their cause because it demonstrates the preordained failure of their predictable solution.

20 posted on 02/08/2008 10:06:14 AM PST by theBuckwheat
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