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McCarthy Introduces Bill Banning High-Capacity Ammo Magazines

Congresswoman says national legislation closes a "gaping loophole."

U.S. Rep. Carolyn McCarthy, D-Mineola, joined anti-gun violence advocates Tuesday to introduce a bill against large capacity ammunition feeding devices.

McCarthy acknowledged in an interview with Patch last week that this new legislation won't change much in her district – or New York State for that matter – as there is already a ban against large capacity clips in the state as part of its assault weapons ban.

"With gangs, that certainly is a choice of a gun with a large amount of clips," McCarthy said.

The congresswoman said the bill brings the nation to the "same 10-round-maximum standard used in four other states today, as well as nationwide for a decade while the previous federal assault weapons ban was in effect."

"It closes a gaping loophole in the previous ban in which magazines manufactured before the law went into effect could still be sold or transferred," according to McCarthy.

The shooting in Arizona as well as McCarthy's new proposed legislation haven't affected sales at T&T Tactical. Sales manager Cena Tretola doesn't believe McCarthy is approaching gun control in the best way.

"Having more citizens take an active, responsible, licensed, approved role in their defense could have prevented this," Tretola said of the Arizona shooting. "When more licensed people responsibly own guns, then issues like the Arizona shooting should happen less often.

"Having higher capacity clips does not make a huge difference," Tretola said. "Instead, forming police anti-gang and anti-drug enforcement would be a better way to spend taxpayer dollars to fight violent crime."

At T&T Tactical, the store refuses to sell to anyone without a background check or under the age of 18 – 21 for pistol sales – with an approved county license. The store also offers shooting lessons.

"We want everyone who purchases a weapon to be trained appropriately," Tretola said.

There was previously legislation on the books that prevented large magazine clips such as the ones that McCarthy is now trying to ban, but it was never re-signed under President George W. Bush in 2004, McCarthy explained.

In her letter to her colleagues, McCarthy explains her bill saying, "The legislation that I will be introducing will prohibit the transfer, importation or possession of high capacity magazines manufactured after the bill is enacted. Many of these devices exist currently and it would be impractical and unwise to attempt to ban their possession – criminalizing individuals who purchased the device legally. Instead, the bill will prohibit the transfer of those devices currently in existence."

McCarthy sees no practical use for having large magazine clips such as the one used in the Arizona shooting of U.S. Rep Gabrielle Giffords.

"The only purpose for the existence of these devices is to be able to shoot as many people as possible as quickly as possible," McCarthy said in the letter.

McCarthy told Patch she hopes the families affected by the Arizona shooting will "feel that something is being done to hopefully prevent it from ever happening to any other family."

McCarthy has taken on the issue of gun safety since she was elected into office after her husband was killed and her son was injured on the Long Island Rail Road in 1993. Though McCarthy notes that this new legislation she's introduced would not have prevented an incident like the Arizona shooting or even the shooting on the Long Island Rail Road, it could potentially lessen the number of fatalities and injuries from guns.

"It wouldn’t have probably helped my husband, my son and those that were in the beginning of the car, but it certainly would have saved lives and injuries toward the other end of the car," she said.

McCarthy is going to be facing an uphill fight with opposition coming from the National Rifle Association and Republicans.

"Anything that has to do with guns and anything that has to do with what they call gun control and I call it gun safety, it’s always been a battle," McCarthy said. "The Supreme Court also said that municipalities and states have the right to pass laws to be able to protect their citizens and I think this is a case where that particular ruling fits in with trying to ban these large capacity clips."

McCarthy said she is going member by member and has already met with Democratic leader Nancy Pelosi, Calif., and was planning to speak to new House Speaker John Boehner, R-Ohio.

Rep. McCarthy was first elected in 1996. She serves the 4th Congressional District.

Ken Wheeler January 19, 2011 at 07:01 PM
I am so sick of politicians trying to punish the majority for the actions of an extremely small minority of criminals and crack-pots. If more people would have been armed during the shooting in AZ the assailant would have been taken down way before he had the time to kill or injure the amount of people that he did. McCarthy's illogical approach failed when Clinton tried it and it would fail now. Please stop these knee-jerk reactions every time some nutter does something crazy. NY has so many unreasonable regulations as to border on fascism. I could not be paid enough to ever live there and certainly do not want the possibility of the rest of the country to become that way.
An American January 19, 2011 at 07:34 PM
Hey McCarthy, you've been studying this topic for 16 years so to say. You should be an "expert". You do not even know the difference between a clip and magazine. Someone working for Igloo wouldn't announce their cooler calling it a refrigerator. It would make them look dumb, just like you right now. Just like a couple years ago in this short clip: http://www.youtube.com/watch?v=ospNRk2uM3U You're a disgrace taking a tragedy and using it as fuel for your evil political campaign of which you claim their is no reason for "hi capacity clips other than killing many people". Well if you mean magazines, you just insulted me and many others cause I never killed anyone, never will, and partake in many outdoors activities with what you call "high capacity". How about we stop blaming television, guns, videogames, and the devil for people's actions and actually enforce the law? You murder someone and are 100% proven guilty, you get executed, the way it should be. Why should a sick-o killer get to live after killing 6 people? Doesn't matter if he's "mental" or not. He's 22. He should have been deemed "mental" by his parents and etc by now if he really was. I guarantee you if this country actually penalizes its criminals we would save an unimaginable amount of money and have a much, much lower crime rate. Not to mention that UK banned guns and their crime rate went way up, D.C. and NJ restrictions have caused increase, and the Nazi party had no resistance due to the proceeding gun ban.
Jerry Smith January 19, 2011 at 10:50 PM
Wow.....just wow. Seriously, a 10 round magazine wouldn't have stopped this dumb kid from shooting a bunch of people. I personally own a Glock Model 22 pistol and let me be the first to say that limiting mag capacity to 10 rounds is only going to make someone reload a little faster...which with a Glock pistol take a matter of seconds. The problem here is that nobody stopped this moron before he hurt a bunch of people....not his family whom should have notice that he was mental, not the legal system whom should have noticed that there was something seriously awry with this guy after he was kicked out of college, nor the police who have such a slow response time in most areas that one could literally commit GENOCIDE before they arrive to deal with a situation. I live in a state that has a concealed carry law in place, I feel that this is one of many steps that need to be taken nationwide to discourage would-be idiots from opening fire on a crowd of unsuspecting people. The only problem with this is our bunny hugging, liberal, baby-men and women who would try to crucify you for shooting a moron like this kid when he was posing a direct and lethal threat to others. To hell with putting this dumb kid in the electric chair, why don't we throw a few politicians in there first and make the rest wise up and start thinking like realistic human beings.
Arman Ahangarzadeh January 21, 2011 at 12:40 AM
Jerry, a couple of seconds is what it took to disarm the guy in Tucson. An American, you're no American hating an elected official and calling her evil for wanting to do what a lot of gun owners, including myself actually agree with. See some gun owners know that they are to use their guns for knowledge and defense; never for attack. How about not blaming anyone and trying to look for a way to keep this from happening again. Banning high capacity magazines takes us in that direction. Ken, you really feel this legislation would be punishing you? You want a 30 round magazine? For what reason would you want that? You know what I call punishment? Going to work and getting shot in the head. You know what I call punishment? Taking my daughter to an event and watch her die before the end of it. I am a gun owner. I own a S&W 40 and 10 rounds is plenty, thank you very much.
Gustav January 21, 2011 at 02:19 AM
The point is that the Government has NO business telling the citizenry what kind of gun they can or can't buy. The Founding Fathers believed that the citizens must able to overthrow a tyrannical Gov't. How can we do this with even further restrictions on firearms?
Khary Price January 24, 2011 at 01:28 AM
Didn't the columbine shooters use 10 round Hi-point carbines? Unfotunately in a free society these things will occur. Thats what separates us from places like china,cuba and the former soviet union.
xm15guy January 31, 2011 at 05:41 AM
Outlaw high capacity clips/magazines and only outlaws will have them.
Al Thompson February 03, 2011 at 09:05 AM
I believe that if this is a serious problem, perhaps we should just outlaw murder.
LightingEngineer February 07, 2011 at 10:55 AM
Gunophobics want an assault weapons ban to include semi-automatic rifles because such a ban would require registration to enforce. Gunophobics want a high capacity magazine ban because such a ban would require registration to enforce. Gunophobics want to require all gun sales and transfers be made with a NICS check because such a requirement would mandate registration to enforce. Registration is necessary for gun confiscation and the disarmament of the citizenry. The criminalization of alcohol created corruption on a unprecedented scale and was repealed. The criminalization of cigarettes (that have killed millions) has not been considered because of it would have the same effect. The criminalization of marijuana here is driving 60% of the corruption and violence in Mexico. And the gunophobics fail to realize that criminalization of firearms would create a cancerous and total corruption here on an unimaginable and deadly scale just like in Mexico.
Unashamed American Christian March 03, 2011 at 03:06 PM
Let' s outlaw guns, sharp objects, blunt objects, tools, cars, the Constitution, sports, dogs, and put everyone on mind numbing drugs and wearing safety apparel. Then maybe no one will ever get hurt. Politicians, Muslims, and illegal immigrants would be exempt, of course.
Unashamed American Christian March 03, 2011 at 03:28 PM
This law would only affect law abiding citizens. The creation of more laws creates more law breakers. It seems that all too many politicians consider themselves as "lawmakers" and that they must make a law no matter how stupid or ineffective it might be. Don't any of them ever consider the idea of enforcing the laws that are already in place or even repealing bad laws? If I remember correctly, one of our founding fathers said "The government that governs least governs best," or something like that.
antoine jones February 16, 2012 at 04:00 AM
Ummmm, 10 rounds? Hmmmmm! I guess the next step would be a ban against having more than 1 ten round magazine. Wow! This lady really used her head on this one. Or could this be an attempt to limit American citizens fire power in fear of the citizens standing up against a corrupt new world government. Who knows?

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