What guns are banned in New York? The NY Safe Act of 2013 bans semi-automatic rifles, shotguns and pistols purchased after Jan. 15, 2013 that have one prohibited feature – such as a pistol grip, a folding stock or a flash suppressor. This is the state’s new definition of an assault weapon. The ban does not cover pistol grip shotguns.
While they do require prior purchased weapons that fit the laws description of an assault weapon to be registered and for the person who registers them to submit to a background check, Those weapons can still be legally owned..
The real question is, Why would a RESPONSIBLE GUN OWNER have to worry about the outcome of a background check?
Here IMHO is why Universal Background Checks are a really bad idea:
1. Let's talk about gun show loopholes first.
There is no Gun show loophole. The exact same state and federal laws hold IN a gun show as outside it. Closing the "gun show loophole" means basically mandating at the federal level that all sales of firearms HAVE to go through NIC checks (Form 4473). The Federal government should have no jurisdiction to regulate commerce within a state, so this may be a hard one to pass constitutional muster. However, it may be the Dems are hoping they can say that "if a firearm was used once in interstate commerce then we can regulate it forever". This argument has already been upheld by the US Supreme court in the GunFree School Zones Act (
https://en.wikipedia.org/wiki/Gun-Fr...es_Act_of_1990)
2.
Think about how a federally mandated background check on ALL firearms will be implemented. Right now, only firearms sold through FFL dealers have to pass a NICs (Form 4473) test in all states, and in some states the state laws mandate that all transfers have to be through an FFL dealer.
The feds regulate the FFL dealers and do not keep records of transactions, but the FFL dealers have to for 20 years. If an FFL dealer goes out of business, those records go to ATF for storage, and are never lost. Now imagine extending this requirement to ALL buyers and sellers of firearms. Well this is impossible.
So the feds will say,
well let us just require all states to do what california, for example, does already. All transfers must go through an FFL. But what to do about the millions of unregistered guns in the USA? How do the feds know who owns them? If they don't know who owns them,
how will they verify that ALL guns are being sold after a NICS check? Well, the FEDs will come back and say: "
We cannot implement your new law unless you allow us to register all firearms". So the inevitable next step to mandating background check on ALL firearm sales will be
executive branch mandates and policy directives that all firearms be registered, without which the congressional law will be impossible to enforce.
Registration is a VERY bad idea. Registration will not prevent a crime since a legal gun may be stolen and used by a criminal (like in the Newtown case) and of course a criminal will never register an illegitimate gun they may already own.
So, the only reason for registration is keeping tabs on legal gun owners, and if needed, confiscation of firearms.
Since the 2A was written to provide a
well regulated (trained) populace that could be stronger than any standing army that a tyrant could raise, the
LAST thing the armed populace wants is for potential tyrants to know who has what firearm. That is why this insidious "background checks for all sales" bill MUST be resisted. it will open the door to registration in a year or two.
Just my 2 cents.
