A (very) small victory for NY


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jamesbeat
March 21, 2013, 10:09 AM
King Cuomo has acknowledged that at least part of his new 'SAFE act' is ill conceived and unworkable.
He's realized that placing a restriction on magazines capable of holding more than seven rounds will jeopardize his new law, so he's made a concession; we can continue to buy ten-rounders but only load seven (except at a range and possibly in the home).

http://www.nytimes.com/2013/03/21/nyregion/cuomo-seeks-to-ease-a-newly-passed-gun-restriction.html?_r=1&

Thanks Andy, but no dice.

See you in court.

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bds
March 21, 2013, 10:14 AM
Ha!

Let the back-paddling begin! :fire:

People of NY, keep up the pressure and keep up the great work!

All politicians fear being voted out of office ... :D

Prince Yamato
March 21, 2013, 11:29 AM
He's not worried about being votes out of office. He won't be in NY. Cuomo has designs on the presidency. He realized that he is totally ignorant of firearms in general. He came up with the number 7 at random. Now he back pedals... Can't look ignorant in the 2016 primaries.

hillbilly
March 21, 2013, 11:38 AM
The number 7 was not chosen randomly.

It was specifically chosen to ban most modern handgun outright.

ThorinNNY
March 21, 2013, 11:44 AM
Cuomo threw hunters a bone -a discount of from one to ten dollars on hunting licensess.
The people said "Andrew that`s not gonna cut it with us. SCRAP YOUR STUPID SAFE ACT.
Andrew thinks I better throw them another bone - let them have their g-d ten cartridges in the magazines & they`ll leave me alone. The people say" Andrew, that`s not gonna cut it either, SCRAP YOUR STUPID SAFE ACT NOW!"
I for one, am no longer content to just REPEAL the UN SAFE ACT, CUOMO MUST GO! I would prefer that Andrew be exiled from the USA but I`ll settle for driving him out of office!
There`s going to be another PRO 2A rally in Syracuse on Saturday, March 23 and another Pro 2A Rally in Gouverneur, NY. I hope we can keep holding rallies until they finally Repeal the (UN) SAFE ACT!

SleazyRider
March 21, 2013, 11:44 AM
Yes, I noticed this in a very small article that appeared on page 14 in The Times Herald Record, a left-leaning Hudson Valley rag that supports Cuomo unequivocally. Even as I type this, Bloomberg is on CNN singing songs of praise for Cuomo and his henchmen. You'd think he'd tone down his rhetoric a bit after his failed soda ban decree.

Solo
March 21, 2013, 11:56 AM
NY crimal law is operating on the honor system. What a novel idea!

Prophet
March 21, 2013, 12:00 PM
I'm happy to see you and other NY'ers punching back twice as hard. Keep hammering him.

MachIVshooter
March 21, 2013, 12:00 PM
Maybe the democrats here will follow his lead!

"You can have standard capacity mags, but don't you dare load more than 15!"

Haha.

Nah, we're gonna kill the mag ban here. It's actually worse than the one in NY from a technical standpoint, as a zealous DA really could charge a person under the law for owning just about any magazine with a removeable floorplate. Of course, the sheriffs are almost all unwilling to enforce this crap, so the DAs will never have that chance.

ATBackPackin
March 21, 2013, 12:01 PM
This is simply them trying to avoid problems in the inevitable court case. Disgusting!

jamesbeat
March 21, 2013, 12:06 PM
You'd think he'd tone down his rhetoric a bit after his failed soda ban decree.

You'd think, wouldn't you.
Instead, he's going after smoking; he wants to make retailers hide cigarettes from view.

Mike and Andy hate America, they should move to the UK.

railroadman
March 21, 2013, 12:19 PM
I have said this many times,but one more time.I lived in the upstate NEW York for many years.Navy Gunners Mate,law correction deputy,security and 20 years before i retired from the railroad.I live in Florida sence 2006.I WOULD NOT STAY IN NY FOR FREE RENT.Go to a Gun show in Florida then do one at NY State I rest my case.

mbopp
March 21, 2013, 12:32 PM
I think Cuomo realized he'd lose on 7-round mags in court on the "common use" clause.
So what's to stop them from eventually saying you can have a 10-round mag but can only have 1 round in it?
Almost all of the upstate counties in NY have passed resolutions against the SAFE act.
And I see the latest NY budget proposal has a $350 tax refund for families with children. This is a blatant attempt by the Democrats to buy votes while adding to the NY deficit.

I can't wait to retire and get out of this state.

12131
March 21, 2013, 01:07 PM
Nothing short of a total repeal of that piece of garbage that they call law can be considered a victory.
Losing a little less is not a victory, no matter how "small" it is.

jamesbeat
March 21, 2013, 01:19 PM
I think that it will be repealed.
We had a crappy set of restrictionas anyway, but Cuomo has really p****d people off this time.
If it goes to scotus, we may end up with fewer restrictions than we had in the first place.

This backpedaling move may well be a sign that Cuomo is beginning to realise that he has bitten off more than he can chew.

SilentStalker
March 21, 2013, 01:42 PM
We need to get these idiots out of office. All these stupid bills are doing is costing a heck of a lot of money...on both sides of the fence for absolutely nothing.

jp9mm
March 21, 2013, 01:44 PM
What about what they did to private sales ?
No longer can be conducted without FFL.

They state in the law that it will no more than $10 to do the check.
Called 2 places and was told $50 at one & $30 at another. :barf:

jamesbeat
March 21, 2013, 02:07 PM
They're not allowed to charge more than $10.
This is not an attempt to make it fair, it is an attempt to ensure that FFL's will decide it's not worth the time and effort.
They don't want private sales at all.

The whole aim is to ostracize gun owners and create obstacles to legal gun ownership.

cfullgraf
March 21, 2013, 06:54 PM
We need to get these idiots out of office. All these stupid bills are doing is costing a heck of a lot of money...on both sides of the fence for absolutely nothing.

Well, it keeps the elected officials, government staffers, lawyers, judges, and court personnel employed and highly paid while the state and local budgets go bust.

HeathH
March 21, 2013, 06:58 PM
Cuomo threw hunters a bone -a discount of from one to ten dollars on hunting licensess.
The people said "Andrew that`s not gonna cut it with us. SCRAP YOUR STUPID SAFE ACT.
Andrew thinks I better throw them another bone - let them have their g-d ten cartridges in the magazines & they`ll leave me alone. The people say" Andrew, that`s not gonna cut it either, SCRAP YOUR STUPID SAFE ACT NOW!"
I for one, am no longer content to just REPEAL the UN SAFE ACT, CUOMO MUST GO! I would prefer that Andrew be exiled from the USA but I`ll settle for driving him out of office!
There`s going to be another PRO 2A rally in Syracuse on Saturday, March 23 and another Pro 2A Rally in Gouverneur, NY. I hope we can keep holding rallies until they finally Repeal the (UN) SAFE ACT!

Go hard my friend...we need these tyrants to see the repercussions of their actions.

Sent from my XT907 using Tapatalk 2

steelerdude99
March 21, 2013, 07:05 PM
They put this whole bill together in about a month without properly thinking it through. Now they are wondering why there are troubles. Go figure.

bigdipper
March 21, 2013, 07:12 PM
This is absurd and proof that the fight really isn't about guns its about control. How are you suppose to stop people from loading 10 rounds in a 10 round mag?? its such an easy law to break what is there to stop a criminal from doing it before they go and commit a crime? The whole thing is infuriating.

tyeo098
March 21, 2013, 07:34 PM
NO

He wants to bring the law back to the chopping block so he can add the LEO exception!!
DONT LET HIM DO IT. HE MADE HIS BED.

Eyesac
March 21, 2013, 08:01 PM
...would continue to allow the sale of magazines holding up to 10 rounds, but still forbid New Yorkers from loading more than 7 rounds into those magazines...

Ha! hahaha! Wow, that really... wow. I can just imagine the next mentally ill mass shooter only loading up 7rds each into 10rd magazines.

toivo
March 21, 2013, 09:39 PM
I think Cuomo realized he'd lose on 7-round mags in court on the "common use" clause.
Bingo. His lawyers told him that the courts would recognize a de facto ban when they saw one.

toivo
March 21, 2013, 09:42 PM
Ha! hahaha! Wow, that really... wow. I can just imagine the next mentally ill mass shooter only loading up 7rds each into 10rd magazines.
Right. And he would have already sold his pre-ban hi-caps out-of-state so as to be in compliance ... :rolleyes:

jerkface11
March 21, 2013, 09:51 PM
A New York court threw out a law banning high capacity drinks. Not a big jump to applying that ruling here.

HKGuns
March 21, 2013, 10:34 PM
All these stupid bills are doing is costing a heck of a lot of money...on both sides of the fence for absolutely nothing.

There you have the real truth. You ought to walk down to the Capital building, tar and feather his @SS and run him, Bloomberg and all of their supporters out of the State on a rail.

It ought to be led by the State Police, with backup from the Sheriff's departments of every County to pass a resolution against it, because it only puts their good pensions further at risk and for what? - Absolutely nothing but air time for these buffoons. They should have their lights on and provide an escort for all of the good citizens involved in the act of freedom and rebellion.

How many millions do you think this garbage is going to cost the citizens of NY to defend and how much of the rest of the Country to fight?

It is beyond any reasonable comprehension that Mayor Sodapop can even get air time on any serious news program and the people who elected him should hang their heads in absolute, utter shame.

Colorado should do the exact same with the bunch of idiots they now have running the show in their State.

Pat M
March 21, 2013, 10:56 PM
You can load 10 rounds at at an authorized shooting range, or at an NRA sanctioned competition, but limited to 7 in your own home with a licensed handgun. Absurd.

toivo
March 21, 2013, 11:14 PM
Folks, this is about to get more interesting. I've just been reading the lawsuit that NYSRPA filed today. They point out that the law says you can't load more than seven rounds in a magazine that has a capacity of "more than seven but less than ten." And of course, you can't have a magazine with a capacity of more than ten.

The lawsuit points out, rightfully, that this means you can load more than seven rounds in a magazine that has a capacity of exactly ten. So if you have an eight or nine-round magazine, you can only load seven, but if you have a ten-round magazine, you can load ten. Oops ...

They should have said "a capacity of more than seven but less than eleven" or "a capacity of more than seven but not more than ten." As written, the law totally exempts ten-round magazines from the seven-round-load limitation. Oh no, they didn't rush this bill at all ... :rolleyes:

HKGuns
March 21, 2013, 11:24 PM
I got so ticked off about NY I wrote COMA a scathing email.

I told him I was glad he showed his true colors, because he'd never hold another public office again in his life and that I normally write respectful letters to Politicians but my respect is earned and he's proven he deserves none.

SleazyRider
March 22, 2013, 06:42 AM
Folks, this is about to get more interesting. I've just been reading the lawsuit that NYSRPA filed today. They point out that the law says you can't load more than seven rounds in a magazine that has a capacity of "more than seven but less than ten." And of course, you can't have a magazine with a capacity of more than ten.

The lawsuit points out, rightfully, that this means you can load more than seven rounds in a magazine that has a capacity of exactly ten. So if you have an eight or nine-round magazine, you can only load seven, but if you have a ten-round magazine, you can load ten. Oops ...

They should have said "a capacity of more than seven but less than eleven" or "a capacity of more than seven but not more than ten." As written, the law totally exempts ten-round magazines from the seven-round-load limitation. Oh no, they didn't rush this bill at all ... :rolleyes:
That is a great point! But I'm not really concerned with breaking the law loading more than seven; I'm concerned with availability of the guns. Nobody will ship a gun that holds more than seven to the Empire State. But, yes, that's just another indicator of what a hastily and ill-conceived piece of legislation it is.

steelerdude99
March 22, 2013, 07:48 AM
I’m trying to figure this out: IF a NY’er has a 24oz. cup only filled with soda to 16oz. that’s still legal. BUT someone who has a 32oz. or even the 48oz. BIG GULP, they will be arrested for a large capacity sugar feeding device? What if they go back for a refill or just buy two sodas? What about a straw purchase where I bring a friend and he buys a soda for me? Will I need a background check for that soda? { sorry for my slightly off-topic rant :) }

Back to guns and magazines, the part that bugs me about NY’s “SAFE ACT” is the concept that an item bought legally is now illegal and must be turned in. Even the NFA of 1934, did not outlaw then require surrendering or selling the items out of jurisdiction. The selling outside of NY is a contradiction as NY blames neighboring states for its “illegal gun problem”.

chuck

Tom from WNY
March 22, 2013, 04:52 PM
Despite the new illogic that makes my head hurt, I can buy/own a 10 round magazine but I can only load 7 unless at an incorporated range, ***????!!! Yet, a new wrinkle is appearing.

Dictator Skelos, the RINO in charge of the NY Senate Republicans is reportedly against any exemptions from the SAFE Act for the entertainment industry. Now, I have commented on that here and to my elected representatives quite clearly; NO EXEMPTION FOR ENTERTAINMENT TO PRODUCE GRATUITOUS VIOLENCE.

I only can ponder if he will use his reluctance to agree as leverage? Make any bets?

Look at the maps on SCOPENY. Predictors of things to come.

PabloJ
March 22, 2013, 04:54 PM
King Cuomo has acknowledged that at least part of his new 'SAFE act' is ill conceived and unworkable.
He's realized that placing a restriction on magazines capable of holding more than seven rounds will jeopardize his new law, so he's made a concession; we can continue to buy ten-rounders but only load seven (except at a range and possibly in the home).

http://www.nytimes.com/2013/03/21/nyregion/cuomo-seeks-to-ease-a-newly-passed-gun-restriction.html?_r=1&

Thanks Andy, but no dice.

See you in court.
Load 7 into 10 rounder? What is next for them? It's ok for them to have pot as long it's not smoked/distributed and used as room freshener only?

WoodchuckAssassin
March 22, 2013, 05:04 PM
HA! I can't wait to talk to my dad about this one. The poor guy still lives in NY, and almost exclusively owns Ruger Mark 1's (10 round mags).

Score one...or rather 1/2...for Team Common Sense!

c4v3man
March 22, 2013, 05:59 PM
Cuomo threw hunters a bone -a discount of from one to ten dollars on hunting licensess.
Now if only they'll start offering those human hunting licenses that Diane Feinstein keeps talking about...

I agree, they're trying to go in and fix what's wrong with the bill, the lack of a police (and private security firm) exemption.

BryanDavis
March 22, 2013, 10:42 PM
A New York court threw out a law banning high capacity drinks. Not a big jump to applying that ruling here.

I was just thinking that.

The judge in the Big Gulp Ban case used the phrase "arbitrary and capricious" and that strongly applies to any magazine capacity limits.

For example: Why 10? Why 7? Why not zero? Why not 2? The number was effectively pulled out of thin air. There's no telling what number will be next. Five? Three?

That and it wouldn't have made much difference in the first place, in all the cases of these mass shootings from Adam Lanza to Gabby Giffords, the shooter had to reload at some point, and there either was some hero waiting to tackle the guy or there wasn't.

Character made the difference, not the tool involved.

Ohio Gun Guy
March 22, 2013, 10:59 PM
start the kettle and get some feathers......:fire:

rondaxe
March 23, 2013, 02:21 PM
Voting Andy out of office isn't going to happen, and don't think for one second showing his true colors on the gun issue is political suicide for him either. We who live in upstate NY are at the mercy of the MAJORITY from downstate. They just love a New York city slicker who they think is going to protect them.

HKGuns
March 23, 2013, 02:26 PM
Voting Andy out of office isn't going to happen, and don't think for one second showing his true colors on the gun issue is political suicide for him either. We who live in upstate NY are at the mercy of the MAJORITY from downstate. They just love a New York city slicker who they think is going to protect them.

Then your only choice is to move or do as I said further up in the thread.

rondaxe
March 23, 2013, 02:39 PM
Sorry HK, moving means running, I'm not doing that. I wrote him a letter, told him I had a 12 round mag and if he wanted it to come get it, himself, not some poor state trooper. Probably not the smartest thing I ever did but I was a little P.O.ed. Tar and feather him? One can dream!

SleazyRider
March 26, 2013, 09:11 PM
Sorry HK, moving means running, I'm not doing that.
Nor am I.

Upstater
March 26, 2013, 09:15 PM
^^^^ WHAT HE SAID! Without a doubt!:)

HorseSoldier
March 26, 2013, 11:49 PM
NO

He wants to bring the law back to the chopping block so he can add the LEO exception!!
DONT LET HIM DO IT. HE MADE HIS BED.


Even without an exemption, who is going to enforce LE adherence to a seven round max in the gun? Even if you can get a cop to charge a cop for violation, what DA is going to pour gasoline over their relationship with local law enforcement and set fire to it by prosecuting? While gun owners are justifiably up in arms about this, the MSM isn't going to lead the charge on creating a PR nightmare for departments which ignore the restriction -- if anything, they'll do the opposite and downplay it.

Trying to leave this one on the books so cops can be made to suffer under its stupidity as well strikes me as a good way to not-really-win a battle while tanking the war entirely.

pseudonymity
March 27, 2013, 06:55 PM
Load 7 into 10 rounder? What is next for them? It's ok for them to have pot as long it's not smoked/distributed and used as room freshener only?

Oh man, it is so much better than that. So it looks like S2607D removes the 7 round definition for the large capacity ammo feeding device (LCAFD) definition, but remove curio and relics also.

It leaves in place the new law 265.37 which went into effect on 3/15. That peach of a law says

IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS AN AMMUNITION FEEDING DEVICE THAT SUCH PERSON LAWFULLY POSSESSED BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SECTION, THAT HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT MORE THAN SEVEN BUT LESS THAN TEN ROUNDS OF AMMUNITION, WHERE SUCH DEVICE CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION
So, the law only is in effect for mags that hold "more than seven but less than ten rounds" - in other words, the 7 round limit only applies to 8 and 9 round mags, but not 10 round mags.

Even better, the law only applies to mags of any size that were possessed before 3/15/2013, so any mags you purchase after 3/15 are not part of this law.

Pat M
March 27, 2013, 08:07 PM
Ok, so I can only load 7 in my 8-round Kimber 1911 mags, but 10 in my 10-round Glock mags. Got it.

railroadman
May 23, 2013, 09:31 AM
thanks for the many people who can see what the 2014 vote will do for getting rid of the gun zealots nation wide see you on election DAY

StrutStopper
May 23, 2013, 03:41 PM
I'm certainly glad I left NY. Unfortunately, our moron Governor here is kissing Nobama's butt and trying to pass some pretty ridiculous laws of his own. They've been tabled for now, but we're not out of the woods yet. Anyway, I'd like to think that if Cuomo had aspirations of being POTUS that the American people would kill that quickly, but look who we've got for a president now... I can see the 2020 ticket now (gotta wait for Hillary to get thrown off her throne first) Cuomo/Bloomberg...

SleazyRider
May 23, 2013, 08:49 PM
1. We of The High Road are a voting minority.
2. It matters not what state you live in, nothing can stop an idea whose time has come.

SharpsDressedMan
May 23, 2013, 08:58 PM
I predict that if any Democratic, anti gun politicos from NY ever run for the presidency, the pro-gunners in the REST of the Union will shoot them down fast. They MAY have a margin of support from other Democrats in other states, but the hatred towards those sorts by the rest of the pro-gunners will result in a bigger turn out AGAINST them than what they can muster from other Democrat/liberals. The translation is simple: Big city libs don't like guns, but most of the REST of the country don't like big city libs.

HKGuns
May 23, 2013, 09:55 PM
The NY Governor stand about as much chance of being President as I do of running for the Presidency. IOW no way in HE!!

gbran
May 23, 2013, 10:00 PM
How are you suppose to stop people from loading 10 rounds in a 10 round mag?

Haven't they already had their 1st arrest over someone loading more than 7 rounds?

Carl N. Brown
May 23, 2013, 10:04 PM
As I recall, the person had nine rounds in a nine round magazine.

ThorinNNY
May 24, 2013, 08:47 AM
Just heard on the radio the prosecutor used prosecutorial discretion and dropped the ammo/magazine charges but will procceed with the motor vehicle law violation charges.

hnk45acp
May 24, 2013, 05:11 PM
Just heard on the radio the prosecutor used prosecutorial discretion and dropped the ammo/magazine charges but will procceed with the motor vehicle law violation charges.

I wonder if they did that so that the person wouldn't have standing to sue to get the law struck down as arbitrary/capricious.

JoeShmoe
May 26, 2013, 02:42 PM
I predict that if any Democratic, anti gun politicos from NY ever run for the presidency, the pro-gunners in the REST of the Union will shoot them down fast. They MAY have a margin of support from other Democrats in other states, but the hatred towards those sorts by the rest of the pro-gunners will result in a bigger turn out AGAINST them than what they can muster from other Democrat/liberals. The translation is simple: Big city libs don't like guns, but most of the REST of the country don't like big city libs.
How'd that work out with the big city lib from Chicago?

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