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NY jerks its knee FAST

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thorn726

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Dec 15, 2004
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berkeley, CA
heheh so look at this nonsensical law passage, from nytimes.com, and article on the trooper shootings/manhunt-

The Senate majority leader, Joseph L. Bruno, the state’s top Republican, called on the governor to return to Albany and pressure the Democratic-led Assembly to pass legislation that would bring back the death penalty for those who kill law enforcement officers, as well as terrorists. The governor has supported both ideas in the past, but a similar bill was voted down in the Assembly on Tuesday in a 96-47 vote.

“I’m asking the governor to use his considerable influence with the Assembly,” Mr. Bruno said.

Senator John J. Bonacic, an upstate Republican whose district includes Margaretville, said of the governor: “I know you’re a law and order guy. I know you are. I know you care about the safety of our families. Get the Assembly to do what they must do.”

But Charles Carrier, a spokesman for Assembly Speaker Sheldon Silver, reiterated that Assembly Democrats oppose the death penalty.

Instead, the Assembly passed a number of anti-gun measures today, including bills banning assault weapons and armor-piercing ammunition.

im wondering what are the other laws they passed?
 
heh- i moved from the frying pan to another frying pan myself, from LI.
going to visit NYC/ LI in another week.
 
I was born and spent the first 20 years of my life in upstate NY. The state of the state (no pun intended) makes me so sad every time I hear news from there. And my family just can't understand why I won't move back up there.
 
Thorn, Berkeley is a bastion of conservative common sense compared to NYC...

I miss the Fireflies and thunderstorms of the summer and the camping and those NY gals, but no way in heck would I move back...unless the SCOTUS case ever comes up and we win big time
 
If it wasn't for NYC, New York state would be a good place to live. Unfortunately, NYC dominates upstate New York, and what NYC wants, NYC gets at the expense of the rest of the state. I'm gonna stop before I get going...
 
As a result,
9 approximately 2,000,000 assault weapons are currently in circulation in
10 the United States. These weapons have been the weapon of choice in the
11 most notorious mass shootings of innocent civilians in the United
12 States, including the 1999 massacre at Columbine High School (TEC-DC9
13 assault pistol and Hi-Point Carbine) and the 2002 Washington, D.C.-area
14 sniper shootings (Bushmaster XM15 assault rifle). According to FBI data,
15 between 1998 and 2001, one in five law enforcement officers slain in the
16 line of duty was killed with an assault weapon. In 2003, New York lost
17 two of its finest when undercover officers in the elite Firearms Inves-
18 tigation Unit of the NYPD Organized Crime Control Bureau were brutally
19 murdered while attempting to purchase an illegal TEC-9 semi-automatic
20 assault weapon. The availability of military-style assault weapons poses
21 a serious threat to the public health and safety. Most citizens, includ-
ing most gun owners, believe that assault weapons should not be avail-
2 able for civilian use.

I missed the part where "assault weapons" were used in NY state. They mention 2 LEOs were killed while trying to buy an "assault weapon," but they don't claim the LEOs were killed BY an "AW."

I'm also an upstate NY native, but I won't be moving back anytime soon. I hope they get a handle on things up there by the time I retire.
 
Well, a quick read makes it look like they've removed flash suppressors, bayonet lugs and grenade launchers from the "assault weapons" feature set.

I'd need to check the old law, drop the substitutions in and see how it has all been changed before making any conclusions, but it may be possible that "post ban" A2/A4 config AR-15's could be allowable under certain conditions...

ETA:
Still needs to get passed by the senate, right?
Don't think it's law yet.

Hopefully I'll get to leave NY soon.
 
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To the best of my knowledge it will not go before the Senate until next week at the earliest, though it was sponsored by Padavan. It took me a few times reading that senator's name before I figured out that there were no Jedi apprentices (Padawan) in the NY Senate. :eek:

My read of the Assembly Bill (posted above, passed, Senate Bill S5222 not yet available online) is that any semi-auto rifle with a pistol grip (or even a thumbhole stock) will be a banned assault weapon even in the absence of any other feature. This means that I would not be able to restock my 10/22 with a thumbhole target stock and that all AR's, AK's, FAL's, etc, would be banned due to the pistol grip.

Speaking of my 10/22 I am wondering whether the shroud clause (see below quoted text - a semi-auto rifle accepting a detachable magazine and just this feature would be an assault weapon) will possibly be interpreted as any common forestock, thus making all stock 10/22's assault weapons.

(IV) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT ENCLOSES THE BARREL; OR
 
Tec-9s and Hi-Point carbines are assault weapons?

The DC SNiper did not "spray" his targets. He could have been just as deadly with a bolt action rifle from Wal-Mart with a non-scary looking wood stock, and it probably would have been in a more powerful round like 30-06 for example.

Give me a break New York.
 
I am very, very lucky that I am leaving the draconian state of NY in a little over a week. I love it here but at the rate it's going, you'll soon need papers(a la Communist Russia) to cross county lines. Don't any of our legislators here have working brains?
 
My read of the Assembly Bill (posted above, passed, Senate Bill S5222 not yet available online) is that any semi-auto rifle with a pistol grip (or even a thumbhole stock) will be a banned assault weapon even in the absence of any other feature. This means that I would not be able to restock my 10/22 with a thumbhole target stock and that all AR's, AK's, FAL's, etc, would be banned due to the pistol grip.

It must have the capability to accept a detachable magazine, plus one of the other features (like a pistol grip). In effect nearly every semi-auto becomes an "assault weapon." The way I read it, even the M1 Garand becomes an assault weapon. The definition of magazine is: ANY AMMUNITION FEEDING DEVICE, THE FUNCTION OF WHICH IS TO DELIVER ONE OR MORE AMMUNITION CARTRIDGES INTO THE FIRING CHAMBER, WHICH CAN BE REMOVED FROM THE FIREARM WITHOUT THE USE OF ANY TOOL, INCLUDING A BULLET OR AMMUNITION CARTRIDGE. My reading says this would make an enbloc clip a "removable magazine."

There is no pure grandfather clause in this law. Any of these weapons possessed prior to 1/1/08 must be registered.

mek42: I hope you don't mind. I send a copy of your letter to my state senator (Alesi). I wanted to get something off quickly. I'll try to work up something different to fax to his office in the next couple days.

This bill really sucks. This government really sucks. Let's hope the Senate has the balls to stuff this one in the trashbin.
 
If all of what has passed the assembly makes it into law there are many issues that will need to be worked out.

50 cal ban in essence bans 12 gauge shotguns. I doubt it would be enforced but as the law reads they make exceptions for the muzzle loaders but the law reads .50 cal or larger.

The restrictions put on dealers will drive many of them out of business. The book keeping and the million dollar liability insurance will be enough to push some over the edge.

As I mentioned on another thread the assault weapons ban leaves it open to the Superintendent of State Police to decide if a rifle is considered an Assault Weapon or not. It specifically says that the determination will be if it is a "military use" or for "sporting purposes".

Perpetuating COBIS after 5 years and millions of dollars spent according to one source only 2 hits and they are iffy.

NY is loosing population faster than any other state in the union. Highest taxes in the union. I fear it will get worse before it gets better.
:banghead: :banghead: :banghead:

ricci316, the papers thing is funny but in this state not impossible.
 
NY is loosing population faster than any other state in the union

Unfortunately, it is the more conservative upstaters who are leaving. I don't think there is any shortage of illegal Democrat voters in NYC. It is only a matter of time before the state senate goes to the Democrats and at that point they can pretty much ramrod anything they want down our throats.
 
GnL: No problem, that's what it's there for. Please comment if you think the letter can be improved.

The 50 cal Bill didn't look completely bad at first read, but I need to compare it to 265 (Penal Code) to add the missing parts to see what it really means. It may just add extra penalties for using a 50 caliber weapon in a crime and not otherwise restrict 50 cal possession / use, but I am not sure at this point.

I think that shotguns are defined so as to be different than rifles due to the plastic / paper shell construction, but, again, I need to review 265 before being willing to state this for sure.

I hope to have a chance to review 265 tomorrow.
 
mek42: I thought it was a very well written letter. I liked how you hammered the potential costs (database, etc) with no benefits. I believe many legislator types are able to think in these terms, whereas 99% of them wouldn't know a thumbhole from their a**hole. Though for many it is probably the same hole.
 
Sorry for all you guys still living in Ny. I personally had enough and moved from upstate Ny(Orange County) to Kentucky and haven't looked back. I lived there my whole life until age 22 when I joined the Navy and was stationed in Virginia. After leaving the service I moved my family back to Ny where I grew up, but that only lasted a couple of years. After living in Va and then going back to Ny it was obvious that it was a step backwards. Moving to Kentucky has been a big step in the right direction as far as my 2nd Ammendment rights go. I can protect my family, myself, and stand my ground as every citizen should be able to. I can walk into a store and walk right out with any weapon available, and I don't have to wait, or get permission or tell the authorities what I have. If someone kicks in my door in the middle of the night, I don't have to hesitate and think, "hmmm, am I going to jail and getting sued now for stopping this aggressor?
NY'ers shouldn't put up with it anymore. Stop paying SOOOO much in taxes just to have your rights violated. Fight for your rights or get out.
It is almost comparable to a store that says you can't carry inside. The best thing to do is leave and don't go back and don't give them anymore of your business. Why is it so hard for lawmakers to understand that if you are an upstanding citizen and have no criminal record then you are not the problem and should be able to buy anything you want. Sorry for the rant but it's good to find people who share my pain. Razz
 
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I live in NYC. I've lived here all my life. I used to think that it had the best and worst of everything. As time has passed the best isn't so good and the worst has gotten much worse. We are overtaxed, over-legislated and we've become a group of sheep.
I think that a lot of it has to do with immigrants that come from much more restrictive countries and just don't view our rights the same way as people that have lived here and learned about government and our liberties in social studies class.
Before you think I'm bashing immigrants, I'm the son of immigrants (first generation). I'm just pointing out that for people who've never had the ideas of personal freedom, small government and civil rights they will be much more amenable to government manipulation.
I just wish that GOA, NRA, SAF did not abandon NY as a lost cause.
 
Out of curiosity for those of us who aren't familiar with NY law, what were the driving factors behind NY dropping the death penalty? It would seem that in general the reasons that someone might think the death penalty was bad are more applicable to the killer than their victim.
 
Out of curiosity for those of us who aren't familiar with NY law, what were the driving factors behind NY dropping the death penalty? It would seem that in general the reasons that someone might think the death penalty was bad are more applicable to the killer than their victim.

I believe the death penalty was one of the first things to go when the liberal Dems took over the state many years ago. I am a supporter of the death penalty being reinstated for the murder of a police officer. I feel that it needs to go one step further and be applied to all first degree murders. Just applying the death penalty to law enforcement officer murders is saying the average person within the state is less important than a police officer.
 
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