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ALBANY, N.Y. (AP) -- Key measures of New York's tough new gun law are set to kick in, with owners of guns now reclassified as assault weapons required to register the firearms and new limits on the number of bullets allowed in magazines.

As the new provisions take effect Monday, New York's affiliate of the National Rifle Association said it plans to head to court to seek an immediate halt to the magazine limit.

Gov. Andrew Cuomo calls those and other provisions in the state's new gun law common sense while dismissing criticisms he says come from "extreme fringe conservatives" who claim the government has no right to regulate guns.

"Yes, they are against it, but they are the extremists and the extremists shouldn't win, especially on this issue when it is so important to the majority," Cuomo said in a radio interview Wednesday. "In politics, we have to be willing to take on the extremists, otherwise you will see paralysis."

New York's new gun restrictions, the first in the nation passed following December's massacre at a Connecticut elementary school, limit state gun owners to no more than seven bullets in magazines, except at competitions or firing ranges.

The new regulations in New York commence as the U.S. Senate prepares to debate expanded gun legislation and weeks after Connecticut joined Colorado in signing into law tougher new gun restrictions.

The New York State Rifle & Pistol Association, the state's NRA affiliate, has a pending federal lawsuit against the new provisions. It plans to ask a judge Monday for an immediate halt to the magazine limit. The new registrations, required over the next year, will be the group's focus later.

The law violates the constitutional rights of law-abiding citizens "to keep commonly possessed firearms" at home for self-defense and for other lawful purposes, the New York State Rifle & Pistol Association said in court papers. It is advising members to obey the law in the meantime.

"We are lawful and legal citizens of New York state and we always obey the law," association President Tom King said. "It's as simple as that."

State Police planned to post forms on their website for registration starting Monday. Owners of those guns, now banned from in-state sales, are required within a year to register them. Alternatively, they can legally sell them to a licensed dealer or out of state by next Jan. 15.

Rich Davenport, recording secretary of the Erie County Federation of Sportsmen's Clubs, said their nearly 11,000 members are united in opposition to the law, which he considers a hasty, illogical and emotional response to the Newtown, Conn., school shooting. He also questioned likely compliance with the registration requirement.

"I'm guessing it'll be pretty low," said Davenport, a longtime hunter. He said that even though he's not personally affected by the registration provision, "I'm offended as an American."

The toughest part of the new statute - banning in-state sales of those guns newly classified as "assault weapons" - immediately took effect Jan. 15. The new classification related to a single military-style feature, such as a pistol grip on semi-automatic rifles with detachable magazines. Other listed features include a folding or thumbhole stock, bayonet mount, flash suppressor, or second protruding grip held by the non-trigger hand.

It requires owners to register an estimated 1 million guns previously not classified as assault weapons by April 15, 2014, though law enforcement officials acknowledge they don't know exactly how many such guns New Yorkers have.

The assault weapon definition also applies to some shotguns and handguns. They include shotguns that are semi-automatic, or self-loading, and have another feature, such as a folding stock, a second handgrip held by the non-shooting hand or the ability to accept a detachable magazine.

Also covered are semi-automatic pistols that can take detachable magazines and have another feature, such as a folding or thumbhole stock, a second handgrip and a threaded barrel that can accept a silencer.

Many county boards in New York have passed resolutions urging at least partial repeal of the law while warning that new registration requirements would be a costly burden on them.

Herkimer County Clerk Sylvia Rowan said Thursday she had received no registration forms for those guns. "There's a lot of confusion on this," she said.

Rowan noted that she had received few formal requests filed from the holders of the county's 12,000 pistol permits to exempt their information from public disclosure, something else authorized under the new law.

Passed Jan. 15, a month after the school shooting in Newtown, Conn., the statute originally banned magazines with more than seven bullets effective April 15. Connecticut officials said that shooter Adam Lanza used a semi-automatic Bushmaster AR-15 and five 30-round magazines to kill 20 children and six adults in minutes.

However, acknowledging that manufacturers don't make seven-bullet magazines, the Cuomo administration and New York lawmakers amended their law on March 29, keeping 10-bullet magazines legal but generally illegal to load them with more than seven bullets.

The new Colorado bill, signed into law last month, bans ammunition magazines that hold more than 15 rounds.

---- Online: State Police gun law guidance, registration form: HTTP://WWW.GOVERNOR.NY.GOV/NYSAFEACT/GUN-OWNERS © 2013 THE ASSOCIATED PRESS. ALL RIGHTS RESERVED. THIS MATERIAL MAY NOT BE PUBLISHED, BROADCAST, REWRITTEN OR REDISTRIBUTED. Learn more about our PRIVACY POLICY and TERMS OF USE.

COURT: CAN HUMAN GENES BE PATENTED?

Monday, 15 April 2013 08:46 Published in Health & Fitness
WASHINGTON (AP) -- DNA may be the building block of life, but can something taken from it also be the building block of a multimillion-dollar medical monopoly?

The Supreme Court grapples Monday with the question of whether human genes can be patented. Its ultimate answer could reshape U.S. medical research, the fight against diseases like breast and ovarian cancer and the multi-billion dollar medical and biotechnology business.

"The intellectual framework that comes out of the decision could have a significant impact on other patents - for antibiotics, vaccines, hormones, stem cells and diagnostics on infectious microbes that are found in nature," Robert Cook-Deegan, director for genome ethics, law & policy at Duke University, said in a statement.

"This could affect agricultural biotechnology, environmental biotechnology, green-tech, the use of organisms to produce alternative fuels and other applications," he said.

The nine justices' decision will also have a profound effect on American business, with billions of dollars of investment and years of research on the line. The U.S. Patent and Trademark Office has been awarding patents on human genes for almost 30 years.

And Myriad Genetics alone has $500 million invested in the patents being argued over in this case. Without the ability to recoup that investment, breakthrough scientific discoveries needed to combat all kind of medical maladies wouldn't happen, the company says.

"Countless companies and investors have risked billions of dollars to research and develop scientific advances under the promise of strong patent protection," said Peter D. Meldrum, the president and CEO of Myriad Genetics, in a statement.

But their opponents argue that allowing companies like Myriad to patent human genes or parts of human genes will slow down or cripple lifesaving medical research like in the battle against breast cancer.

"What that means is that no other researcher or doctor can develop an additional test, therapy or conduct research on these genes," said Karuna Jagger, executive director of Breast Cancer Action.

The Supreme Court has already said that abstract ideas, natural phenomena and laws of nature cannot be given a patent, which gives an inventor the right to prevent others from making, using or selling a novel device, process or application.

Myriad's case involves patents on two genes linked to increased risk of breast and ovarian cancer. Myriad's BRACAnalysis test looks for mutations on the breast cancer predisposition gene, or BRCA. Those mutations are associated with much greater risks of breast and ovarian cancer.

Women with a faulty gene have a three to seven times greater risk of developing breast cancer and a higher risk of ovarian cancer. Men can also carry a BRCA mutation, raising their risk of prostate, pancreatic and other types of cancer. The mutations are most common in people of eastern European Jewish descent.

Myriad sells the only BRCA gene test.

The American Civil Liberties Union challenged Myriad's patents, arguing that genes couldn't be patented, and in March 2010 a New York district court agreed. But the U.S. Court of Appeals for the Federal Circuit has now twice ruled that genes can be patented. In Myriad's case, it's because the isolated DNA has a "markedly different chemical structure" from DNA within the body.

Mark C. Capone, president of Myriad Genetics Laboratories, Inc., a subsidiary of Myriad, said some of the concerns over what they have patented are overblown and some simply incorrect.

"Myriad cannot, should not and has not patented genes as they exist in the human body on DNA," Capone said in an interview. "This case is truly about isolated DNA molecules which are synthetic chemicals created by the human ingenuity of man that have very important clinical utilities, which is why this was eligible for a patent."

But the ACLU is arguing that isolating the DNA molecules doesn't stop them from being DNA molecules, which they say aren't patentable.

"Under this theory, Hans Dehmelt, who won the Nobel Prize for being the first to isolate a single electron from an atom, could have patented the electron itself," said Christopher A. Hansen, the ACLU's lawyer in court papers. "A kidney removed from the body (or gold extracted from a stream) would be patentable subject matter."

The Obama administration seems to agree. Artificially created DNA can be patented, but "isolated but otherwise unmodified genomic DNA is not patent-eligible," Solicitor General Donald Verrilli said in court papers.

That was the ruling of the original judge who looked at Myriad's patents after they were challenged by the ACLU in 2009. U.S. District Judge Robert Sweet said he invalidated the patents because DNA's existence in an isolated form does not alter the fundamental quality of DNA as it exists in the body or the information it encodes. But the federal appeals court reversed him in 2011, saying Myriad's genes can be patented because the isolated DNA has a "markedly different chemical structure" from DNA within the body.

The Supreme Court threw out that decision and sent the case back to the lower courts for rehearing. This came after the high court unanimously threw out patents on a Prometheus Laboratories, Inc., test that could help doctors set drug doses for autoimmune diseases like Crohn's disease, saying the laws of nature are unpatentable.

But the federal circuit upheld Myriad's patents again in August, leading to the current review. The court will rule before the end of the summer.

"The key issue now for the court will therefore be whether the scientist working in the lab to isolate a particular gene innovated in a way that allows for that isolated gene to be patented," said Bruce Wexler, a lawyer with the law firm Paul Hastings, who advises pharmaceutical and biotech companies on patent issues.

The case is 12-398, Association for Molecular Pathology v. Myriad Genetics, Inc.

© 2013 THE ASSOCIATED PRESS. ALL RIGHTS RESERVED. THIS MATERIAL MAY NOT BE PUBLISHED, BROADCAST, REWRITTEN OR REDISTRIBUTED. Learn more about our PRIVACY POLICY and TERMS OF USE.

GREAT SCOTT: AUSSIE FINALLY DONS GREEN AT AUGUSTA

Monday, 15 April 2013 08:41 Published in Sports
AUGUSTA, Ga. (AP) -- Adam Scott strolled into the room, looking quite dapper in green.

He let out a deep sigh and struggled to contain his emotions - the thoughts of Greg Norman, the folks Down Under, the dad he hugged so tight alongside the 10th green.

It sure felt a lot different than the last time Scott was summoned to the media room at the end of a major championship.

That was Lytham, where he had to answer for throwing away a seemingly sure victory in the British Open with bogeys on the last four holes.

This was Augusta, where he reveled in the biggest win of his career Sunday evening.

Less than eight months apart, everything changed.

Now, he's Adam Scott, major champion.

"What an incredible day," he said. "Everything fell my way in the end. You just never know."

Using one of those big putters, Scott became the first Australian to win the Masters, beating Angel Cabrera on the second hole of a stirring playoff played in a steady rain and dwindling light, finally settling down in the hollow that is the 10th green, amid the towering Georgia pines.

Cabrera's 15-foot putt rolled up right next to the hole and stopped. When Scott's 12-footer dropped in the cup, he pumped his arms furiously and screamed toward the gray, darkening sky - quite a celebration for a guy who's always been accused of being a little too laid-back.

No one would've said that on this day.

"I was pumped," he said.

For Scott, this victory was sweet on so many levels.

Certainly, there was a measure of payback for what happened last July at the British Open, where Scott played beautifully for three days and 14 holes and seemed to have a stranglehold on the claret jug. Then he bogeyed the 15th hole. And the 16th. And the 17th. And, stunningly, the 18th, surrendering the title to Ernie Els.

Scott handled the staggering defeat with amazing grace, vowing to somehow "look back and take the positives from it." But no one knew if he might go the way of Ed Sneed or Jean Van de Velde, golfers who threw away majors and never came close to winning another.

For Scott, there are no such worries.

Lytham is redeemed.

"Golf gives," Cabrera said, "and golf takes."

No one knows that more than Norman, a runner-up three times at Augusta National, a third-place finisher three other times, but never a winner. This one was for him, too.

"He inspired a nation of golfers," Scott said. "Part of this is for him because he's given me so much time and inspiration and belief. I drew on that a lot."

In a grander scheme, this victory was for an entire continent. Australia has produced some greats of the game over the last half-century but never a Masters champion. Until now.

They're on top of the world Down Under.

"We are a proud sporting nation and like to think we are the best at everything," Scott said with a mischievous grin. "This is the one thing in golf that we had not been able to achieve. It's amazing that it's my destiny to be the first Aussie to win."

Norman was so nervous watching TV at his home in south Florida that he went to the gym when the final group made the turn. He returned for the last four holes and was texting with friends as his emotions shifted with every putt. Coming down the stretch, three Aussies - Scott, Jason Day and Marc Leishman - actually had a chance to win.

Scott brought it home.

"I'm over the moon," Norman told The Associated Press. "Sitting there watching Adam, I had a tear in my eye. That's what it was all about. It was Adam doing it for himself, and for the country."

For Cabrera, a burly, 43-year-old from Argentina, the majors have been a big giver. His last victory on the PGA or European tours before Sunday? The 2009 Masters. Before that? The 2007 U.S. Open.

In other words, Cabrera doesn't win often, but when he does, it's usually a pretty significant victory.

He almost got another one, trying with Scott in regulation at 9-under 279.

"I had a lot of peace of mind and I was very confident," said Cabrera, who closed with a 2-under 70. "I knew that it depended on me. I knew that (the other contenders) can make some birdies, but I still was thinking that it depended on me."

Cabrera made the turn with a two-stroke lead but stumbled on the back nine, knocking his drive behind the pine trees at the 10th and then sending his ball into Rae's Creek on the 13th, leading to bogeys at both. But a birdie at the 16th gave him a shot, and he struck what might've been the best - well, certainly the most clutch - shot of the day at the 72nd hole after Scott, playing just ahead in the penultimate group, rolled in a 20-footer for birdie and a one-stroke lead.

"For a split-second, I let myself think I could have won," said Scott, who certainly celebrated like his 69 was good enough.

Not so fast.

Cabrera stuck a 7-iron from 163 yards to 3 feet, leaving a gimme of a putt to force the playoff. Scott was watching a television in the scoring area.

"I got to see Angel hit an incredible shot," Scott said. "Then it was try to get myself ready to play some more holes."

They went back to the 18th tee box for the first playoff hole. After matching drives and approach shots, both rolling off the front of the green, Cabrera chipped over Scott's ball and nearly put it in the cup. Scott pitched to 3 feet, both made their putts and the playoff moved on to No. 10.

Again, two more booming drives and two more nifty approaches, leaving them both with a good shot at birdie.

If Cabrera's ball had turned one more time, they might've been returning to the course Monday to finish up.

When it didn't, Scott was determined to end things before nightfall.

"Had to finish it," he said.

Scott got a big assist on the winning putt from his caddie, who knows a thing or two about winning at Augusta. Steve Williams was on the bag for 13 of Tiger Woods' 14 major titles, a close friend to the world's top-ranked golfer before Woods' personal life fell apart. Williams was among those cut loose in the aftermath, a bitter split that made this victory about as satisfying to him as it was Scott.

Especially after Scott turned to Williams to get a read on the putt.

"I could hardly see the green in the darkness," the golfer said. "He was my eyes on that putt."

Scott told Williams he thought the right-to-left break would be about the width of a cup. Williams set him straight.

"It's at least two cups," the caddie said. "It's going to break more than you think."

Scott took the advice.

A short time later, he was trying on a green jacket.

"The winning putt was the highlight putt of my career," Williams said, "because he asked me to read it."

For his former boss, there was more major misery. Woods was at the center of a firestorm for an improper drop during the second round, which led to a two-stroke penalty and complaints that Woods had actually gotten off easy, because he could've been disqualified for signing an improper scorecard.

Four strokes behind going to the final round, Woods struggled with the speed of the greens on the first eight holes - they weren't nearly as quick because of the rain - and was too far behind by the time he got something going. He finished with a 70 and tied for fourth, four shots out of the playoff.

"I played well," he said. "Unfortunately, I just didn't make enough putts."

Day seized the lead with three straight birdies through the middle of the back side, but he couldn't hold on. A curious decision to putt through 12 feet of fringe behind the 16th green led to a bogey, and he surrendered another stroke after failing to get up-and-down from the bunker at the 17th. He finished with a 70 and two shots back at 281.

"I think the pressure got to me little bit," Day said.

Scott didn't let it get to him, even when he couldn't get any putts to fall early in the round with that big stick of his, which have become all the rage in the majors. He finally caught a break at the 13th, when his approach rolled back off the green, but stopped short of the creek. He wound up making a birdie, which gave him the spark he needed.

"I had no momentum on the day at that point," Scott said. "That was a great break. And everyone who wins gets those kind of breaks."

After Lytham, he sure had it coming.

--- Follow Paul Newberry on Twitter at HTTP://WWW.TWITTER.COM/PNEWBERRY1963 © 2013 THE ASSOCIATED PRESS. ALL RIGHTS RESERVED. THIS MATERIAL MAY NOT BE PUBLISHED, BROADCAST, REWRITTEN OR REDISTRIBUTED. Learn more about our PRIVACY POLICY and TERMS OF USE.

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