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Eugene

(61,823 posts)
Mon Jul 3, 2017, 06:39 PM Jul 2017

Assault weapon in hospital shooting was 'lawfully transferred': ATF

Source: ABC News

Assault weapon in hospital shooting was 'lawfully transferred': ATF

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
14 replies = new reply since forum marked as read
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Assault weapon in hospital shooting was 'lawfully transferred': ATF (Original Post) Eugene Jul 2017 OP
It wasn't an "assault weapon" gejohnston Jul 2017 #1
It was an assault weapon under the NY law, so yeah it was an assault weapon period. Blues Heron Jul 2017 #2
no it isn't gejohnston Jul 2017 #5
No, actually it isn't. Straw Man Jul 2017 #10
re: "As we can see, that was quite the deterrent." discntnt_irny_srcsm Jul 2017 #11
Thought these were banned in NY? Throck Jul 2017 #3
If it has a fixed magazine it is legal hack89 Jul 2017 #4
No - no pistol grip - that makes it legal. jmg257 Jul 2017 #7
There are plenty of ways to make NY legal AR-15s hack89 Jul 2017 #9
Point taken - cheers! jmg257 Jul 2017 #12
Thordsen has a new upgraded stock. Much less fugly. pablo_marmol Jul 2017 #14
Gun makers make guns that comply with the law krispos42 Jul 2017 #6
Which of course means it was neither an "assault rifle" or an "assault weapon". jmg257 Jul 2017 #8
Precisely. yagotme Jul 2017 #13

gejohnston

(17,502 posts)
1. It wasn't an "assault weapon"
Mon Jul 3, 2017, 06:51 PM
Jul 2017

"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.

Straw Man

(6,622 posts)
10. No, actually it isn't.
Thu Jul 6, 2017, 04:49 PM
Jul 2017

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

(18,477 posts)
11. re: "As we can see, that was quite the deterrent."
Thu Jul 6, 2017, 05:20 PM
Jul 2017

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)
3. Thought these were banned in NY?
Mon Jul 3, 2017, 08:00 PM
Jul 2017

Doctors address was Bronx too, how'd he buy a gun without NYC permit?

jmg257

(11,996 posts)
7. No - no pistol grip - that makes it legal.
Thu Jul 6, 2017, 03:54 PM
Jul 2017

His looked to be like a cut-off style -




Compared to these fugly things...

?ve=1&tl=1

krispos42

(49,445 posts)
6. Gun makers make guns that comply with the law
Tue Jul 4, 2017, 07:17 AM
Jul 2017

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)
8. Which of course means it was neither an "assault rifle" or an "assault weapon".
Thu Jul 6, 2017, 03:57 PM
Jul 2017

They would have both been illegal to transfer.

yagotme

(2,911 posts)
13. Precisely.
Thu Jul 6, 2017, 06:51 PM
Jul 2017

"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.

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