Glaring loophole in St. John's rifle incident

(New York - WABC, September 27, 2007) (WABC) -- The Eyewitness News Investigators make a startling discovery. The rifle police say the gunman at St. John's University was carrying is not considered to be a firearm under federal or state law.

The Investigators Jim Hoffer has the story.

The St. John's student who threw an entire college campus into a panic knew for several months he wanted to buy a gun -- and he knew he wanted to buy it in Upstate New York. When you read this story, you'll know why.

It is at a sporting goods store in Poughkeepsie, New York where last week St. John's student Omesh Hiramam purchased a $170 dollar rifle simply by showing an ID card.

The store management would not talk about the purchase. We do know that unlike many of the guns sold here, this one was distinctive: using black powder and firing a single metal pellet.

It's a replica of an antique firearm and federal and state gun laws do not apply to antique-type guns. It can be purchased without any background check.

The gunman's attorney says it was perfectly legal.

"You can go to any gun store in New York, Upstate New York, wherever you want and purchase it," Rosemarie Rotondo, Hiraman's attorney, said.

That's not how the NYPD sees it. As a resident of New York City, Hiraman they claim should have had a gun permit.

"If you show you are a New York City resident, then you have to produce a New York City permit. You are required to have a permit in New York City to possess a rifle. He did not have that permit," Police Commissioner Ray Kelly said.

An e-mail that Hiraman wrote to a Long Island attorney back in June shows he knew it would be easier buying a gun outside the city.

He writes to attorney Michael Paul asking, "in Dutchess County what procedure does the gun shop owner follow when an individual is purchasing a rifle."

Four months later, the 22-year-old student traveled to Dutchess County and bought this weapon without any background check. Remember, the attorney says since it was an antique, he didn't need one.

"We're undermined by weak laws elsewhere and this simply must be changed," said Jackie Kuhls, executive director for New Yorkers Against Gun Violence.

A former agent for the Bureau of Alcohol Tobacco and Firearms says for state and federal law not to consider this rifle a firearm is crazy.

"It is totally outrageous to have this type of firearm considered to be an illegal type of firearm, especially under federal and state law," said former ATF agent Domincik Polifrone.

The NYPD tested the gun Thursday afternoon. It did fire. The NYPD confirms that it was loaded and operational when the gun was carried onto the campus.

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