NY Ban/Confiscation of AW's

[George S.]

Just found this link on another forum:
http://assembly.state.ny.us/leg/?bn=A03371
A03371 Summary:
SAME AS No same as

SPONSOR Bing

COSPNSR Eddington, Englebright, Paulin, Dinowitz, Cook, Seddio, Lavelle,
Ortiz, Stringer, Espaillat, Benedetto

MLTSPNSR Brennan, Cymbrowitz, Diaz L, Diaz R, Gordon, Gottfried, Hooper,
Lafayette, Peoples, Pheffer, Sanders, Towns, Wright

Rpld S265.00 sub 22 (e) sub (iv) & (v), amd SS265,00, 265.20 & 400.05, Pen L

Adds semiautomatic rifles, shotguns or pistols or a replica or a duplicate
thereof manufactured on October 1, 1993 and semiautomatic rifles, shotguns or semiautomatic pistols lawfully possessed prior to September 14, 1994 to the definition of assault weapon; provides for the superintendent of the division of state police to accept surrendered assault weapons; declares such assault weapons surrendered a nuisance.


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A03371 Actions:
02/02/2005 referred to codes


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A03371 Votes:


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A03371 Memo:
TITLE OF BILL: An act to amend the penal law, in relation to adding
certain weapons to the definition of assault weapon and repealing
certain provisions of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

To repeal the grandfather clause in the definition of assault weapon
which currently allows the possession of an assault weapon if the weapon
was lawfully possessed prior to September fourteenth, nineteen hundred
ninety-four or if the weapon was manufactured on of before October
first, nineteen hundred ninety-three; to provide for the surrender and
destruction of such weapons.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Subparagraphs (iii), (iv), and (v) of paragraph (e) of subdi-
vision 22 of section 265.00 of the penal law are amended to prohibit the
possession of an assault weapon lawfully possessed prior to September
fourteenth, nineteen hundred ninety-four, and is amended to prohibit the
possession of a weapon as defined in Appendix A to section 922 of 18
U.S.C. as such a weapon was manufactured on October first, nineteen
hundred ninety-three.

Section 2 Paragraph one of subdivision a of section 265.20 of the penal
law is amended to provide that all assault weapons must be surrendered
to the superintendent of the division of state police within 15 days of
the repeal of the grandfather clause.

Section 3 Section 400.05 of the penal law is amended to provide that
assault weapons surrendered after the repeal of the grandfather clause
will be declared a nuisance and be destroyed.

Section 4 Effective date

JUSTIFICATION:

In 2000, New York`s penal law was amended to define military-style weap-
ons and weapons with excessively large ammunition capacities as "assault
weapons." The possession and sale of such assault weapons was banned but
a "grandfather clause" was included, allowing the legal possession of
those assault weapons that were lawfully possessed since September 14,
1994 or manufactured on or before October 1, 1993. Given the current
heightened concerns regarding terrorism, and the danger posed by these
military-style and large capacity weapons, this bill repeals the assault
weapon grandfather clause and prohibits the sale and possession of all
assault weapons in an effort to protect citizens and law enforcement
personnel.

PRIOR LEGISLATIVE HISTORY:

2003-04: A7333-A Referred to Codes

FISCAL IMPLICATION:

None.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become law.

From the initial read, it sounds like it's a knee-jerk reaction to the Kinston NY mall shooting. this looks like not only a ban but a turn-in or confiscation of anyhing that was identified earlier as an "assault weapon"

I'll bet Sarah Brady is having her "Big O" right about now and Hitlery is dancing in the streets.

 

[TimRB]

When PRK enacted its ban, it allowed shooters who already owned "assault rifles" to keep them if they registered them. My understanding is that several dozen were, in fact, registered.

Remember, it all begins with registration.

Tim

 

[RavenVT100]

Don't worry, you can trust the Government. They won't take your guns.

 

[nico]

Remember, it all begins with registration.

well, in NY it apparently begins with confiscation.

FISCAL IMPLICATION:

None.

of course, the people who have spent hundreds or thousands of dollars to legally buy these guns and are having them forcibly taken (with no mention of reimbursement, not that it would make the law OK) by cretins whose job is supposed to be acting in the best interrest of the people they're supposed to represent, don't count.

 

[Standing Wolf]

[SMIRK] Why, how very surprising! [/SMIRK]

 

[R.H. Lee]

In 2000, New York`s penal law was amended to define military-style weapons and weapons with excessively large ammunition capacities as "assault weapons."

Translation: An "assault weapon" is anything we say it is. How whimsical.

The possession and sale of such assault weapons was banned but
a "grandfather clause" was included, allowing the legal possession of
those assault weapons that were lawfully possessed since September 14,
1994 or manufactured on or before October 1, 1993. Given the current
heightened concerns regarding terrorism, and the danger posed by these
military-style and large capacity weapons, this bill repeals the assault
weapon grandfather clause and prohibits the sale and possession of all
assault weapons in an effort to protect citizens and law enforcement
personnel.

See the dangers of creeping incrementalism? There should also be "current heightened concerns" regarding totalitarianism.

 

[Brick]

Hello folks.â„¢

prohibits the sale and possession of all assault weapons in an effort to protect citizens and law enforcement personnel.

1. Was there ever a danger posed to law enforcement personnel and citizens by a lawfully owned pistol, submachine gun, machine pistol, carbine, rifle, shotgun, or machine gun?

2. Give us an example where a lawfully owned, lawful person posed a threat to [lemme double qoute this] " " s o c i e t y " " .

3. Once again. You cannot define subjects on your own terms. There is no such thing as an "assualt weapon." Only if you created an object, idea, etc then you can name it. But no gun manufactorer that I've know of has ever called any gun it desires an "assualt weapon."

4. How come LEs posses assualt rifles? Who is to determine whether they have the training to use one???

5. How come LEOs are always more elite, more protected, more "grandfathered," pampered, etc, but it's US that get in trouble for THEIR mistakes?

6. A good idea to protect citizens and law enforcement personnel is to arm them with assualt rifles and proper training.

7. And what about illegals aliens??

You can see here. United we stand, divided we fall. They WILL eventually call your deer rifle, skeet/trap shotgun, bird shotgun, target rifle, etc an "ASSUALT SNIPER RIFLE." And they have.

the danger posed by these military-style and large capacity weapons

Whoever said there was a danger posed? If so, my car has an extreme danger, four times statistically, than the SUM of the gun fatalites.

Section 3 Section 400.05 of the penal law is amended to provide that assault weapons surrendered after the repeal of the grandfather clause will be declared a nuisance and be destroyed.

Ever heard of a gun commiting a public nuisance crime? :banghead:




Let the future tyrannies embrace gun confiscation from private citizens.

 

[rock jock]

Do we really even need to say what the law-abiding citizens of NY should do about this?

 

[dave3006]

America...Land of the Free - NOT. Some of America is kind of free. The rest is a socialist hellhole (CA, HI, NY, NJ, ect..)

America reminds me of the movie, "Weekend at Bernie's" where they drag a dead person around and pretend he is alive. Face it, Free America is dead. What we have is a socialist replica using the same name. My proof:

Socialism security - gov't forces you to pay for old geezers living expenses.
Medicare - why do I pay for someone else?
Property tax - you are in fact a renter. They can take your property.
Car tax - you pay to keep your own car
Patriot act - speaks for itself
CCWs - you don't need a permit. The second ammendment is your permit.
Sales tax, income tax, gas tax, FICA, Workers comp, Alternative minimum tax
Public schools are socialist in nature
Graduated income tax - every person should pay the exact same amount.
Foreign aid - treason. They steal your money and GIVE it to Iraqis for free

You get the point. You think you are free because you can vote for who your master will be. Liberty and democracy are not the same thing.

 

[RavenVT100]

People make fun of New Jersey because that is essentially what has already happened here, but they don't understand that other states can and will use it as an example of gun control that "works." The legislature was allowed to get away with it, and people simply ignored NJ, thinking it couldn't happen to them.

 

[MDHunter]

We ALL Need to Make Special Note of This Bill.....

Guys/Gals,

This bill is a big reason why so many of us oppose gun control laws and gun registration. In addition to helping our friends in New York in any way we can think of, we need to do the following:

Cut and paste the text of this draft bill, save it, and USE it. How:

- Every time we are discussing why we oppose gun registration and how it promotes police state tactics to a non-believer, CITE THIS BILL

- Mention how Hitler and Stalin took away their citizen's guns before committing incredible atrocities, and when the person we're talking to says that would never happen in America, CITE THIS BILL

- When you're talking to a middle-roader about limiting government control and your concerns about relinquishing our freedoms and rights, CITE THIS BILL

- Mention that according to a documentary done by Jews for the Preservation of Firearms Ownership, 170 MILLION people were murdered by governments in the 20th century, more than 4 times the number of people killed in ALL 20th century wars COMBINED; and what did all of those people have in common? Their governments had confiscated their guns.....then CITE THIS BILL

I'm sure there are other ways to mention it, but you get the idea. This is going way overboard - we can't let something like this happen. We've gotta do all we can, scream and holler, and make sure ordinary people understand the implications of this.....

To our friends in New York, you have my sympathy. Kick some politicians A** and get this tossed out of committee.

Michael

 

[MDHunter]

Am I Misreading the Bill......

or does it include ALL semi-auto rifles, shotguns, and handguns??

 

[mete]

And Hillary is now supporting a bill that would give ex-felons the right to vote !! I wonder if they will be excluded from the AWB ??

 

[jobu07]

The problem is NY is that our state assembly is heavily dominated by Democrats while our state senate is republican controlled (by a narrow majority). So, you see a lot of bills that are cosntantly proposed in the assembly to ban just about all guns in NY. Luckily, they never amount to anything because they never get to our state senate. But I have no doubt that if the senate passed one (as they probably would, they are rino's after all), that our grrrrrrrrrreat governor george pataki would sign the anti-gun bill in a heartbeat. As for now though, our weapons are safe and there will be no confiscation in NY.

 

[garyk/nm]

Tin-foil hat time....
This bill was introduced 2/2/05. The infamous "mall shooting" (w/AK47) happened on 2/13/05.

Coincidence?

 

[rick_reno]

well, in NY it apparently begins with confiscation

They're just skipping the time consuming and expensive registration step.

 

[Langenator]

Wouldn't that be in conflict with this:

Art. I, Sec. 9: " No bill of attainder or ex post facto Law shall be passed."

I don't recall what a bill of attainder is, but this bill seems pretty much ex post facto to me.

 

[dave3006]

Would'nt it be in conflict with "... shall not be infringed."

They could care less about the constitution. America RIP.

 

[WT]

No big deal.

A TRUE BELIEVER in the Second Amendment won't hand in his firearms.

 

[Sindawe]

I don't recall what a bill of attainder is, but this bill seems pretty much ex post facto to me.

Bill of Attainder, Definition: A legislative act that singles out an individual or group for punishment without a trial.

Its a darn shame that tar and feathers has gone out of fashion. The bozos who've proposed this lunacy could use a new suit.

 

[Waitone]

Its a darn shame that tar and feathers has gone out of fashion. The bozos who've proposed this lunacy could use a new suit

Ahh, yes. But technology is on our side. We don't need to use hot tar, we've got cold tar. Feathers can be politically incorrect depending upon the bird, so let's use pillowstuffings like rayon or some other synthetic fiber.

This nonsense will stop only when Joe and Martha Sixpack feels threatened.

 

[phoglund]

This is the line that got my attention:

"and weapons with excessively large ammunition capacities as "assault
weapons."

Excessiveyly large? This could mean anything from 50rnds down to 1. Who decides?

 

[Phil Ca]

When the PRK went into their AWB Mode in the early 90's there were some of us that wrote to our alleged "Representatives" but since so many of them were "D's" we did not stand much chance of stopping this rampage.

I was working as a officer for the USTD as well as a reserve officer near where we lived. A regular officer and I discussed the upcoming problem at length. About two days before the deadline we decided that since our respective agencies expected us to live up to a higher standard we would register our AR's. In due time we received a document from the state affirming our registration. Since 1991 no one has called to ask about the arms and no one has knocked on our door. This does not mean we are totally clear from future harrassment. If we ever desire to sell the arms we must do so to a licensed dealer, out of state sale, or give up the arms to the local LEO's. I do not live in constant fear of the state police but I do know that somewhere down the road they may come a-callin.

In past conversations with the offices of alleged "Representatives" I have been downright sneered at and laughed at by staffers who were answering the phone for these 'misbegotten misfits' that got elected. One lady told me the hi-cap magazine ban was a done deal and laughed when I told her that this was not going to deter criminals and only punish law-abiding people.

Message to Dave 3006: Sorry; but I am one of the old geezers you do not like "paying" for as far as my living expenses. I never expected to have to even apply for the 'Socialist Insecurity" but I am age 66 now and paid into the system for a few years from self-employment before a federal and state backed service agency pulled our business down around our ears. We were making more than 6 times a month compared to what we get now with my annuity and our combined SS checks. We had a nice property in NorCal and when we lost our business we had to ultimately sell to keep from losing the property to the mortgage holder and the tax mavens. Now we have gone from a 5 BR, 3Ba home in the country to a 2BR, 2Ba rental home in a city which is full of druggies, gang-bangers and their wannabe followers and a city administration that can only think about making more money off parking violations and raising the cost of parking in the public garages. Also they want to raise every thing from water and garbage to homeowner taxes.

Dave 2006, I do not know your age but plan ahead and do not fall as far as we did. I do not want to see any body try to live on under 3 grand a month and try to stave off the few bills still owing with so little to offer. I may be forced to seel some of my personal items that I never intended to. We are already down to one vehicle and it is a mobile relic that we hope will keep running a bit longer.

Do not let the people in power fractionalize us. Someday your pet target arm that you only use for practice for self-enjoyment amy become a object of their desire to rid the planet of. It will not stop there either. If all the guns were gone, bows and arrows, machetes, pocket knives and sticks would be on their "must ban" list.

 

[R.H. Lee]

Socialism security - gov't forces you to pay for old geezers living expenses.

Would that be the same old geezers who fought in WWII and whose taxes paid for infrastructure like roads, dams, bridges, etc., that you now enjoy? The same old geezers who paid into social security all their lives and are now entitled to that money back? Those old geezers? They're collecting money they paid in. If you think it's your money, take it up with congress.

 

[NY Patriot]

Fellow NY'ers... please check out this tacked thread over at ar15.com:

http://www.ar15.com/forums/topic.html?b=1&f=5&t=325031

It contains updates, sample letters, contact info, links to NYS gun rights organizations (as in join up NOW), etc...

Time to man the ramparts guys... this could get ugly!

Molon labe!!!