Article: Governor's proposal would increase sentences for gun law violators
I found it to be a little
slanted.....
http://www.metrowestdailynews.com/n...ould-increase-sentences-for-gun-law-violators
Governor's proposal would increase sentences for gun law violators
By Norman Miller/Daily News staff
GHS
Posted May 09, 2009 @ 11:57 PM
Gov. Deval Patrick's new gun law proposal will make the streets safer and give law enforcement officials more tools to prosecute criminals, MetroWest police officers say.
Patrick earlier this week proposed legislation which would allow district attorneys to seek to hold defendants charged with possessing, using or trafficking illegal firearms without bail, pending trial.
Just days before, the state Supreme Judicial Court ruled that practice was not currently legal.
Other portions of the legislation would limit gun purchases to one gun a month to reduce trafficking; make it a felony punishable by a decade in prison to possess a gun while committing a misdemeanor that involves the use of force; and change the definition of "firearm" so prosecutors do not have to prove the gun is operable.
In addition, anyone wanting to sell a gun would have to conduct the transaction at a licensed dealer so the sale is entered into the government's electronic database of firearms.
Patrick's proposal would also make it illegal for anyone other than someone with a machine gun license or a police officer being trained in the use of machine guns to handle such a weapon.
"I'm in full agreement with the dangerous hearing part of the change," said Ashland Police Chief Scott Rohmer. "Someone who shouldn't have a gun shouldn't have one and they should be punished for it."
Natick Police Lt. Brian Grassey said, "There are only so many reasons someone is carrying a weapon unlawfully. It would be a very rare occurrence where the possession of a firearm is the only issue with a person. I think it should be a strong contributing factor when someone is illegally possessing a firearm to determine if they are a danger."
Middlesex District Attorney Gerry Leone said the proposed law would give law enforcement officials and police officers "more tools in our tool box and that's a good thing."
But the proposed legislation has opponents as well. The proposal would improperly put the burden on defendants to prove they are not dangerous, instead of the other way around, said William Lahey, chief counsel for the Committee for Public Counsel Services.
"It's radical and we argue it is unconstitutional," he said. "To say that because you're charged with a gun offense that you are dangerous, it offends due process."
Jim Wallace, executive director of the state Gun Owners Action League, said his organization supports keeping guns out of dangerous hands, but he said the law is dangerous to law-abiding citizens.
"Someone who's just in possession without a license or the wrong license facing prison time without any other issues is just ridiculous on its face," he said.
Sudbury defense lawyer Mark Helwig said he thinks the proposed change is unneeded.
"My feeling is I don't think the law really needs to change," he said. "It should depend on the crime they are alleged to have committed."
Some police officers do not agree with Patrick's plan to limit the number of firearms a person can purchase each month.
"There are some people who are collectors and there are people who are aficionados," said Framingham Police spokesman Lt. Paul Shastany. "If people are law-abiding citizens and they can legally purchase the guns and they are properly secured according to the law, what's the problem?"
Rohmer said, "I know people who buy and sell guns and who enjoy the art of shooting. I don't see the need of restricting those people."
Helwig, who supports gun control, said the idea of limiting sales may be a good idea, but criminalizing it is not.
"They don't have to make everything a crime," he said. "They could get to the same place by making it a civil penalty."
But Leone said the law is meant to prevent so-called "straw buyers," who buy many guns legally, then sell them to those who can't legally buy the weapons.
About the monthly purchase limit, Leone said, "I think it's a good thing. What it does is, it aims to prevent the proliferation of guns in our communities. Sometimes there's a balance that has to be struck between public safety and the rights of what people want to do."