New York Senate passes increased assault weapons ban

[pikid89]

Now Cuomo is acting like theyre doing gun owners a favor because they got rid of the Confiscation parts of the bill

What a clown

 

[gunsandreligion]

Without arms, a people can never be free. Freedom is based on personal responsibility and self sufficiency, both requirements to own a gun. When the question why we need "assualt weapons" ever comes up, the answer is many things, but I am seeing more and more, just because if you cave one half of an inch, theyll help themselves to the whole thing. If america loses this battle, we may come back, but the likelyhood thats gonna happen if we lose 1 justice, or if we dont get a strong president and legislature next time, is very unlikely. The vast majority of americans wont put forth the effort to become educated on the issues surrounding them and the danger we are in until its too late. If americans cave on their guns, what other major countries will keep theirs? I hate to sound like a doomsdayer, but I think alot of this comes from the want of one world goverment by a few of our leaders.

 

[akv3g4n]

Does the 7 round limit only apply to detachable magazines? It didn't seem to be spelled out from the article.

 

[SuperNaut]

At the very least I guess that NYC subjects know where they stand now.

 

[Grassman]

This only goes one way folks, people in New York be very concerned, confiscation is next, make no mistake about it.

 

[baz]

Do I have this right -- if you own a gun of any kind in NY, you have to have a license? And just what other constitutional right do you have to get a license for?

 

[goldie]

So if i go to the range with a ruger mkII pistol or 10/22, i am now commiting 2 felonys for having 2 10 round mags? what about every gun store in the state with guns for sale with over 7 rd mags, are they commiting dozens of felonies each?

 

[Trent]

So if i go to the range with a ruger mkII pistol or 10/22, i am now commiting 2 felonys for having 2 10 round mags? what about every gun store in the state with guns for sale with over 7 rd mags, are they commiting dozens of felonies each?

Actually I believe it would be a misdemeanor, fine, and mandatory confiscation if you're caught with more than 7 rounds in a magazine. You can HAVE the 10 round magazines if you owned them prior to the ban, but you can only load them to 7 rounds.

(If I'm understanding the law right)

22 caliber might be exempt from this, too.

 

[akv3g4n]

I don't think you can even possess anything over 7 rounds, Trent. The article stated that residents had 1 year to sell their mags out of state. After that they would face a misdemeanor if found in possession.

 

[Fryerpower]

One year to sell anything over 7. During that year it is a misdemeanor to load more than 7 into your magazines.

After the first year it is illegal to have magazines with a capacity greater than 7. Can't tell if it will be a felony or misdemeanor yet. "They need to pass it so that we can see what is in it."

I would bet felony.

-Jim

 

[Phatty]

What really gets under my skin, is this truly was passed with bipartisan support. There were some that were against it, but so many were quick to throw everyone under the bus.

Totally agree. The most frustrating thing about the NY legislation is that the Republican minority in the state appears to be in agreement. You'd hope that such blatantly anti-2A legislation would at least meet some resistance along the way before being passed.

At least in California or Illinois, where liberals have a majority and pass restrictive gun laws, there appears to be a determined and organized pro-gun establishment that is always fighting back. I don't really see the same thing at all in NY.

 

[razorback2003]

NY and California sadly are both fine examples of how a bunch of freeloaders and foreigners that cannot speak English ruin beautiful places.

Sad to see basically most guns in NY banned by this law. Self defense and the shooting sports will take a big hit with this. So i guess IDPA will be only for revolvers now? Doesn't IDPA for the 1911 division allow 8 round mags? It would seem that would be messed up too.

Also this proves that if you let the antis cut you down to 10 rounds, they will then cut it down to 7, then 5, and then a single shot firearm will be all that you have left. And that single shot firearm will be kept locked up at a gun club.

 

[rdhood]

Some of what was passed is unconstitutional and won't survive a court challenge.

Two things: 1) someone with standing has to challenge successfully , 2) when they do, it is going to take time to get through the courts.

It simply won't happen in a year. It took many years to successfully challenge the DC and IL bans.Further, the SCOTUS could well change, and not in a good way, before any lawsuit reaches their eyes. The folks in NY shouldn't be holding their breath or hoping for some kind of miracle.

 

[Phatty]

Two things: 1) someone with standing has to challenge successfully , 2) when they do, it is going to take time to get through the courts.

It simply won't happen in a year. It took many years to successfully challenge the DC and IL bans.Further, the SCOTUS could well change, and not in a good way, before any lawsuit reaches their eyes. The folks in NY shouldn't be holding their breath or hoping for some kind of miracle.

Also, not until you arrive at the Supreme Court will you see a single judge willing to toss out this law. The state courts in NY are anti-gun so you'll have no chance there. The federal district court and the 2nd Circuit court of appeals are anti-gun, so you won't have any chance there as well. It could take 3+ years to get a decision from the Supreme Court (if it even takes the case which is a long shot) and by then who knows what the composition of the Supreme Court will be.

 

[CoRoMo]

When I dug through the new NY state law and found that a rifle like the mini-14 could survive the AWB there, I told a gun-lover here in the office that, if Colorado passes this type of law, he'll have to get rid of his +7 magazines but the rifle would probably not be banned per se. He said, "That's cool". :banghead:

...the SCOTUS could well change, and not in a good way...

What's this 'could' part? It will most certainly change soon. BHO should be able to appoint two, maybe three new justices in this term. After that, we'll have an anti-2A supreme court for more than a generation to come. Game over.

 

[gbw]

No agenda here other than pure curiosity:

I'd like to see a summary, from anyone who knows the statutes just enacted, that includes the following.....

What guns ARE (or will soon will be) still legal in NY? Handgun types, Rifle types, shotgun types?

Garand? M1A? Mini-14, 10/22, 1911, Browning A5, Browning Hi-Power, etc.

I didn't understand the ammo parts of this? Does every box of ammo now have to be NICS checked somehow?

Even rifle and shotshells?

What about 8-rd. speedloaders for the 8-rd. S&W revolvers?

What about reloading, reloaded ammo, and components?

(FWIW, IMO the legal challenges will not prevail. The law will stand. Only voting out legislators will change anything now.)

As I said, I'm just interested as I'm sure most of us are. Also IMO, it iwll be a miracle if Heller survives the next 4 years.

 

[Killian]

WHATEVER he used to sway the Republican majority behind closed doors to cave in so completely, must have been shockingly strong.

Yeah, it does make you wonder if a similar effect might be seen among other Republicans in at the Federal level in the House and Senate. A lot of dissatisfaction with some of the Northeast Republicans lately. One or two Republicans have expressed an interest in "discussing" magazine limits. It's already begun in liberal states, but this is just the first round. It's not over.

 

[CoRoMo]

I'd like to see a summary, from anyone who knows the statutes just enacted, that includes the following.....

What guns ARE (or will soon will be) still legal in NY? Handgun types, Rifle types, shotgun types?

Garand? M1A? Mini-14, 10/22, 1911, Browning A5, Browning Hi-Power, etc.

Read it for yourself...

http://open.nysenate.gov/legislation/bill/S2230-2013

22. "Assault weapon" means ...

(A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:

(I) A FOLDING OR TELESCOPING STOCK;
(II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
(III) A THUMBHOLE STOCK;
(IV) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(V) A BAYONET MOUNT;
(VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADED
BARREL DESIGNED TO ACCOMMODATE A FLASH SUPPRESSOR, MUZZLE BREAK, OR
MUZZLE COMPENSATOR;
(VII) A GRENADE LAUNCHER;

B) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST ONE OF THE FOLLOWING
CHARACTERISTICS:

(I) A FOLDING OR TELESCOPING STOCK;
(II) A THUMBHOLE STOCK;
(III) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(IV) A FIXED MAGAZINE CAPACITY IN EXCESS OF SEVEN ROUNDS;
(V) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR


(C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:

(I) A FOLDING OR TELESCOPING STOCK;
(II) A THUMBHOLE STOCK;
(III) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(IV) CAPACITY TO ACCEPT AN AMMUNITION MAGAZINE THAT ATTACHES TO THE
PISTOL OUTSIDE OF THE PISTOL GRIP;
(V) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
(VI) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR
CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
THE NON-TRIGGER HAND WITHOUT BEING BURNED;
(VII) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
UNLOADED; OR
(VIII) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR
FIREARM;

(D) A REVOLVING CYLINDER SHOTGUN;


(E) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR WEAPON DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (E) OF SUBDI
VISION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER AS ADDED BY CHAPTER
ONE HUNDRED EIGHTY-NINE OF THE LAWS OF TWO THOUSAND AND OTHERWISE
LAWFULLY POSSESSED PURSUANT TO SUCH CHAPTER OF THE LAWS OF TWO THOUSAND
PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINETY-FOUR;

(F) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR WEAPON DEFINED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVI
SION, POSSESSED PRIOR TO THE DATE OF ENACTMENT OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH;

 

[razorback2003]

Ruger 10/22 with a thumbhole stock is illegal. NY is nuts but that is the purpose of this is to make as many guns as possible illegal.

 

[Alaska444]

Without arms, a people can never be free. Freedom is based on personal responsibility and self sufficiency, both requirements to own a gun. When the question why we need "assualt weapons" ever comes up, the answer is many things, but I am seeing more and more, just because if you cave one half of an inch, theyll help themselves to the whole thing. If america loses this battle, we may come back, but the likelyhood thats gonna happen if we lose 1 justice, or if we dont get a strong president and legislature next time, is very unlikely. The vast majority of americans wont put forth the effort to become educated on the issues surrounding them and the danger we are in until its too late. If americans cave on their guns, what other major countries will keep theirs? I hate to sound like a doomsdayer, but I think alot of this comes from the want of one world goverment by a few of our leaders.

The one issue seldom talked about in these discussions on losing our gun rights is where they came from in the first place, from God. The constitution protected our "natural" God given rights, they did not create these rights. Read the founding fathers documents and this very simple fact emerges loud and clear, they understood this well.

In short because this is a gun forum, the Lord giveth, the Lord taketh away. We won't preserve our gun rights or any other natural right through political means. Maybe we as a nation should find out what our founding fathers understood.

 

[Zoogster]

....

 

[daveinohio]

The New York speaker just said the newtown shooter had 4 pistols and an assault rifle in his CAR. Hmmmm

 

[Killian]

I would bet felony.

That might be a little more complicated. People are more likely to resist having a felony on them for the rest of their lives by hiring beaucoup lawyers and making a big issue. Misdemeanor level punishments get far less attention from the media, and people are more likely to just suck up any punishment they receive, especially if they are actually committing the infraction they are cited as having committed. A fine would be the simplest punishment. Anywhere from $100 to several thousand--per mag--and that would probably get most people to go along. No one in my state rose up when they mandated car insurance and put a $1000 fine on it if you didn't have it. If they want to get really nasty, a fine plus some jail time. 3-6 months I would think. Any more than that and again you would have a lot of resistance. Another method would be to use St. Petersburg and Miami Dade as an example and institute a reward system for anyone who turns in an "evil assault weapon thug". St. Petersburg used a $1500 reward for anyone who turned in a name that led to an arrest and conviction for having an assault weapon. Miami Dade has the same system but for a $1000. A lot of the advice that the Antis are currently using for "common sense answers to gun violence" is coming from the heads of police departments...or the Antis say it is. Whichever. But a lot of co-mingling of ideas happens between Florida and New York. Snowbirds spend their time there. New York residents retire to Florida. Lot of interaction back and forth. So a "gun bounty" may be in y'alls future.

 

[goldie]

Just think of pistols like a hi standard trophy, no 7 rd mags exist,same with ruger mkII, s & w 41,it goes on & on. manufacturers would have to start making 7 rd mags for these guns, i dont see it happening ,rendering most guns sold in stores,collector guns,etc illegal.

 

[Trent]

No transfer to heirs, weapon is held for one year after the death of the owner, after which time it is to be destroyed.