NY Banning AW possession under 21?

I believe this is the full text of the bill in question. It does not specifically mention the age limit going from 18 to 21 but it does setup a permit system for semi-auto rifles.

https://www.nysenate.gov/legislation/bills/2021/s9458

I really don't see how NY will be able to get away with this. Their permit system is being debated in SCOTUS right now. And the 9th circuit struck down California's under 21 ban this year.

https://lawandcrime.com/second-amen...long-history-of-giving-young-people-firearms/

[QUOTE=" there's no mention of a grandfather clause in the yahoo news article - if this goes into effect, how it would affect a 19 year old who currently owns his own legally purchased EBR?[/QUOTE]

Very last part of the bill

§ 8. This act shall take effect on the ninetieth day after it shall have become a law and shall apply only to purchases or transfers of ownership made on or after such effective date.

It appears the proposed statute specifically excludes currently owned rifles.............sounds like a grandfather clause to me!

The price for privately owned rifles is about to skyrocket. No transfer needed to sell a rifle privately in NY. People are gonna charge quadruple the worth of their rifles and sell them to those under 21 who will be affected. The rifles will still be out there so no difference.

The troubling thing is it includes ALL semi auto rifles. They’ve been saying for years they just want the “assault weapons”. They’re coming for the Ruger 10/22’s as well.

New York already has a ban in place concerning so called "assault weapons" as part of their NY Safe Act.

https://safeact.ny.gov/resources-gun-owners

The new bill bans all semi-auto rifles from being owned by anyone under 21. Let's see how this one plays out in court. California tried the same thing and their ban was ruled unconstitutional.

https://www.npr.org/2022/05/11/1098432386/california-21-gun-sales-ban-unconstitutional-court-says

herrwalther said:

And the 9th circuit struck down California's under 21 ban this year.

https://lawandcrime.com/second-amen...long-history-of-giving-young-people-firearms/

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That decision was on May 12. The 9th Circuit filed papers indicating they are going to review it en banc on May 16. Just like they do with EVERY pro-2nd decision.

Homerboy said:

They’ve been saying for years they just want the “assault weapons”

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And we've been saying for years that there is no functional difference between an "assault weapon" and any other semiautomatic rifle. Apparently they believe us now.

Any idea how this applies to lower receivers? If somebody happened to have an extra 1 or 2, it seems to me they already own the "firearm." I see nothing indicating you can't still buy uppers, lower parts kits, etc. For existing lowers?

Wondering if I need to hit PSA and build it out before this goes into effect...

The saddest thing is that they won't bother enforcing this if it's a 'PoC' or other protected class within this state. This law is aimed squarely on one particular race and political class of citizen.

I'm curious what this means for my wife, kids and I..... can we no longer legally hand (semi-auto) long guns back and forth at the range? These are all "grandfathered" of course so no paper trail indicating which of us is the "owner.".... sounds to me like this was written by someone with no clue what the actual impact would be. Par for the course with gun control bills of course.

Frank Ettin said:

Except that’s wrong. The bill provides that a license would be required for transfer of a semi-automatic rifle after the effective date of the law (if enacted).

If one is going to comment on proposed legislation, he should read it first.

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Passed by both senate and assembly and signed by the governor.

The law takes effect ninety days from signing, I have a feeling there will be a small buying frenzy before that time.

Homerboy said:

The price for privately owned rifles is about to skyrocket. No transfer needed to sell a rifle privately in NY. People are gonna charge quadruple the worth of their rifles and sell them to those under 21 who will be affected. The rifles will still be out there so no difference.

The troubling thing is it includes ALL semi auto rifles. They’ve been saying for years they just want the “assault weapons”. They’re coming for the Ruger 10/22’s as well.

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And you are surprised by this? Next it will be Sniper Rifles.

The last time you could purchase a real assault style rifle in New York State was 2013 and then to be legal, you had to register it by a date in 2014, so I do not know of any 18 year old in 2013 that is not now over 21, so in NYS it does not matter. Those that currently are legal to buy in New York with One Point, aren't what anyone wants in most cases anyway.

Harriw said:

I'm curious what this means for my wife, kids and I..... can we no longer legally hand (semi-auto) long guns back and forth at the range? These are all "grandfathered" of course so no paper trail indicating which of us is the "owner.".... sounds to me like this was written by someone with no clue what the actual impact would be. Par for the course with gun control bills of course.

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Your kids yes . . . your wife maybe.

7. Possession, at an indoor or outdoor shooting range for the purpose
of loading and firing, of a rifle or shotgun, the propelling force of
which is gunpowder by a person under sixteen years of age but not under
twelve, under the immediate supervision, guidance and instruction of (a)
a duly commissioned officer of the United States army, navy, air force,
marine corps or coast guard, or of the national guard of the state of
New York; or (b) a duly qualified adult citizen of the United States who
has been granted a certificate as an instructor in small arms practice
issued by the United States army, navy, air force or marine corps, or by
the adjutant general of this state, or by the national rifle association
of America, a not-for-profit corporation duly organized under the laws
of this state; or (c) a parent, guardian, or a person over the age of
eighteen designated in writing by such parent or guardian who shall have
a certificate of qualification in responsible hunting, including safety,
ethics, and landowner relations-hunter relations, issued or honored by
the department of environmental conservation; or (d) an agent of the
department of environmental conservation appointed to conduct courses in
responsible hunting practices pursuant to article eleven of the
environmental conservation law.

https://ypdcrime.com/penal.law/article265.php?zoom_highlight=cpw#p265.20 (under exemptions)

I believe I read somewhere you wife could also use your firearm in your presence, but I can't remember where I read it or if it was an exemption in law or a marriage thing. As I understand marriage laws, you co-own property thus the firearm would belong to both of you even though only one of you has a license and permit. Your wife wouldn't be able to carry the firearm outside of your property without your presence (she could possibly carry it around on your property without your presence), just like your child wouldn't be able to, but if you were together I don't believe it would be illegal. Like I said before though, its only my belief, I don't know it to be a fact/true.

It is not uncommon for couples to title property so that title to the entire property automatically vests in the survivor upon the death of one of the co-owners. Think deeds and automobile titles. This is obviously not the same as community property. I am not aware of any state that titles firearms, so they would normally pass pursuant to a will or as directed by state law if there is no will (keeping it simple by avoiding discussion of trusts, which is definitely not my strongpoint).

Homerboy said:

The price for privately owned rifles is about to skyrocket. No transfer needed to sell a rifle privately in NY. People are gonna charge quadruple the worth of their rifles and sell them to those under 21 who will be affected. The rifles will still be out there so no difference.

The troubling thing is it includes ALL semi auto rifles. They’ve been saying for years they just want the “assault weapons”. They’re coming for the Ruger 10/22’s as well.

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Not sure what you mean by this but face to face sales in NY are illegal. ALL firearm transfers are suppose to go through a FFL. Now if your selling to a relative or good friend thats up to you. And to the post above if it involves handguns the survivor has to have a pistol permit. Otherwise your suppose to turn them in to LE or a gunshop. It's illegal to just keep them.

If, for example, your spouse doesn't have a permit for a handgun, said spouse has two weeks to deal with the gun. If they are not a gun person, I suggest that you have documentation for the guns and a lawyer set up to deal with them. If you are incapacitated, a power of attorney is a good idea.

I fear, as do many of us, that the "grandfathered in" clauses will be erased and the next step is confiscation. There are a lot of people in gov't who feel that no one needs to own a firearm. (They are not weapons unless used as such.)

Harriw said:

I'm curious what this means for my wife, kids and I..... can we no longer legally hand (semi-auto) long guns back and forth at the range? These are all "grandfathered" of course so no paper trail indicating which of us is the "owner.".... sounds to me like this was written by someone with no clue what the actual impact would be. Par for the course with gun control bills of course.

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Washington state had some very sticky laws on what they considered a transfer.... real ridiculous and once I left I stopped caring....

I have a registered permit holder listed in New York State to take possession of my handguns in the event of my death. My will also covers where all my firearms go, how they are to legally be disposed of and what my designee gets for doing it.

We will have to see how things shake out. My dad has a transfer letter for all his firearms giving them to me when the time comes. A friend with an FFL will assist. My county won’t allow inter county transfers between family members.