Reply With QuoteThis state is going to find a way to take your guns and rifles.
Another Gun Bill
S T A T E O F N E W Y O R K __________________________________________________ ______________________ 2409--A 2007-2008 Regular Sessions I N S E N A T E February 5, 2007 ___________ Introduced by Sens. SCHNEIDERMAN, ADAMS, DIAZ, DUANE, KRUEGER, PARKER, PERKINS, SAMPSON, SMITH, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recom- mitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law and the general business law, in relation to banning the possession, sale or manufacture of assault weapons; and to repeal subdivision 22 of section 265.00 of the penal law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The New York state legislature finds that semi-automatic 2 assault weapons are military-style guns designed to allow rapid and 3 accurate spray firing for the quick and efficient killing of humans. The 4 shooter can simply point - as opposed to carefully aim - the weapon to 5 quickly spray a wide area with a hail of bullets. Gun manufacturers have 6 for many years made, marketed and sold to civilians semi-automatic 7 versions of military assault weapons designed with features specifically 8 intended to increase lethality for military applications. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets { } is old law to be omitted. LBD05833-04-8 S. 2409--A 2 1 assault weapon. The availability of military-style assault weapons poses 2 a serious threat to the public health and safety. Most citizens, includ- 3 ing most gun owners, believe that assault weapons should not be avail- 4 able for civilian use. 5 S 2. Subdivision 22 of section 265.00 of the penal law is REPEALED and 6 a new subdivision 22 is added to read as follows: 7 22. "ASSAULT WEAPON" MEANS ANY: 8 (A) SEMI-AUTOMATIC OR PUMP-ACTION RIFLE THAT HAS THE CAPACITY TO 9 ACCEPT A DETACHABLE MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING: 10 (I) A PISTOL GRIP; 11 (II) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE 12 NON-TRIGGER HAND; 13 (III) A FOLDING, TELESCOPING OR THUMBHOLE STOCK; 14 (IV) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY 15 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE 16 NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT 17 ENCLOSES THE BARREL; OR 18 (V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; 19 (B) SEMI-AUTOMATIC PISTOL, OR ANY SEMI-AUTOMATIC, CENTERFIRE RIFLE 20 WITH A FIXED MAGAZINE, THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN 21 ROUNDS OF AMMUNITION; 22 (C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE 23 MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING: 24 (I) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE 25 NON-TRIGGER HAND; 26 (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK; 27 (III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY 28 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE 29 NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT 30 ENCLOSES THE BARREL; 31 (IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR 32 (V) THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AT ANY LOCATION 33 OUTSIDE OF THE PISTOL GRIP; 34 (D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING: 35 (I) A PISTOL GRIP OR A VERTICAL HANDGRIP; 36 (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK; 37 (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR 38 (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; 39 (E) SHOTGUN WITH A REVOLVING CYLINDER; OR 40 (F) CONVERSION KIT, PART, OR COMBINATION OF PARTS, FROM WHICH AN 41 ASSAULT WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR 42 UNDER THE CONTROL OF THE SAME PERSON. 43 (G) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES, DETERMINED BY 44 RULES AND REGULATIONS OF THE SUPERINTENDENT OF STATE POLICE TO BE 45 PARTICULARLY SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. IN ADDI- 46 TION, THE SUPERINTENDENT OF STATE POLICE SHALL, BY RULES AND REGU- 47 LATIONS, DESIGNATE SPECIFIC SEMI-AUTOMATIC CENTERFIRE OR RIMFIRE RIFLES 48 OR SEMI-AUTOMATIC SHOTGUNS, IDENTIFIED BY MAKE, MODEL, AND MANUFACTUR- 49 ER`S NAME, TO BE WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPER- 50 INTENDENT OF STATE POLICE DETERMINES THAT SUCH WEAPONS ARE PARTICULARLY 51 SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. A LIST OF ASSAULT WEAP- 52 ONS, AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, SHALL BE MADE 53 AVAILABLE ON A REGULAR BASIS TO THE GENERAL PUBLIC. 54 PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS 55 BEEN RENDERED PERMANENTLY INOPERABLE. S. 2409--A 3 1 S 3. Section 265.00 of the penal law is amended by adding three new 2 subdivisions 24, 25 and 26 to read as follows: 3 24. "DETACHABLE MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE, THE 4 FUNCTION OF WHICH IS TO DELIVER ONE OR MORE AMMUNITION CARTRIDGES INTO 5 THE FIRING CHAMBER, WHICH CAN BE REMOVED FROM THE FIREARM WITHOUT THE 6 USE OF ANY TOOL, INCLUDING A BULLET OR AMMUNITION CARTRIDGE. 7 25. "MUZZLE BRAKE" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A WEAPON 8 THAT UTILIZES ESCAPING GAS TO REDUCE RECOIL. 9 26. "MUZZLE COMPENSATOR" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A 10 WEAPON THAT UTILIZES ESCAPING GAS TO CONTROL MUZZLE MOVEMENT. 11 S 4. Section 265.20 of the penal law is amended by adding a new subdi- 12 vision e to read as follows: 13 E. POSSESSION OF AN ASSAULT WEAPON ON PROPERTY OWNED OR IMMEDIATELY 14 CONTROLLED BY THE PERSON, OR WHILE ON THE PREMISES OF A LICENSED 15 GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL 16 USE OF THE ASSAULT WEAPON AT A DULY LICENSED FIRING RANGE, OR WHILE 17 TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED 18 SUCH WEAPON PRIOR TO JULY FIRST, TWO THOUSAND EIGHT AND WHO, PRIOR TO 19 OCTOBER FIRST, TWO THOUSAND EIGHT: 20 1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR 21 2. SURRENDERS THE ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT 22 AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI- 23 SION A OF THIS SECTION; OR 24 3. REGISTERS THE ASSAULT WEAPON AS PROVIDED FOR IN SUBDIVISION SEVEN 25 OF SECTION THREE HUNDRED NINETY-SIX-FF OF THE GENERAL BUSINESS LAW. 26 S 5. Subdivision 7 of section 396-ff of the general business law is 27 renumbered subdivision 8 and a new subdivision 7 is added to read as 28 follows: 29 (7) THE DIVISION OF STATE POLICE SHALL NO LATER THAN JULY FIRST, TWO 30 THOUSAND EIGHT, PROMULGATE RULES AND REGULATIONS FOR THE ADDITION OF 31 INFORMATION IDENTIFYING ASSAULT WEAPONS LAWFULLY POSSESSED PRIOR TO 32 JANUARY FIRST, TWO THOUSAND EIGHT TO THE DATABANK ESTABLISHED BY THIS 33 SECTION. SUCH RULES AND REGULATIONS SHALL, AT A MINIMUM, SPECIFY PROCE- 34 DURES BY WHICH THE OWNER OF AN ASSAULT WEAPON LAWFULLY POSSESSED PRIOR 35 TO JULY FIRST, TWO THOUSAND EIGHT IS TO DELIVER AN ASSAULT WEAPON AND 36 VERIFICATION OF A BACKGROUND CHECK REQUIRED BY 18 USC S 922 TO THE 37 REGIONAL PROGRAM FOR TESTING AND PROMPT RETURN. UPON RECEIPT OF THE 38 SEALED CONTAINER AND INSPECTION OF A CERTIFICATE PROVING THAT A BACK- 39 GROUND CHECK HAS BEEN CONDUCTED AND THE OWNER IS NOT PROHIBITED FROM 40 POSSESSING A FIREARM, THE DIVISION OF STATE POLICE SHALL CAUSE TO BE 41 ENTERED IN THE AUTOMATED ELECTRONIC DATABANK PERTINENT DATA, INCLUDING 42 BALLISTIC INFORMATION RELEVANT TO IDENTIFICATION OF THE SHELL CASING AND 43 TO THE ASSAULT WEAPON FROM WHICH IT WAS DISCHARGED, AND THE DATE AND 44 PLACE OF THE BACKGROUND CHECK AND THE NAME OF THE INDIVIDUAL WHO 45 CONDUCTED SUCH BACKGROUND CHECK. 46 S 6. Severability. If any provision or term of this act is for any 47 reason declared unconstitutional or invalid or ineffective by any court 48 of competent jurisdiction, such decision shall not affect the validity 49 or the effectiveness of the remaining portions of this act or any part 50 thereof. 51 S 7. This act shall take effect July 1, 2008; provided that the divi- 52 sion of state police is authorized to promulgate any and all rules and 53 regulations and take any other measures necessary to implement this act 54 on its effective date on or before such date.
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This state is going to find a way to take your guns and rifles.
Why have you posted this in the Garden section ? lol Just because it says Home, and Garden doesn't mean Guns, more like shovels and hoes
Riven37
_________
All tyranny needs to gain a foothold is for people of good conscience to remain silent. Thomas Jefferson
ah , rez keeps his guns & his ho's in the garden shed.............Originally Posted by Riven37
it's going to include pump action rifles?
this just proves their real intent to to ban all guns eventually
Vote for freedom, not political parties.
Politicians need to cut spending
*Requires all sales of rifles and shotguns involve a firearms dealer; or else people involved are guilty of class A misdemeanor (this is probably equivalent to demanding registration of rifles and shotguns).
*Requires a new NCIS background check each time a license is renewed, sets a new fee of $25 to $100 whenever you renew or add a new weapon to your permit.
*Expands that ballistic database to include shotguns and rifles (not really sure how you can do that with a bunch of birdshot, but whatever)
*Makes it a crime to purchase ammo without a handgun permit.
*Requires people who are purchasing any ammo to fill out a separate background check packet with all your personal information, the serial # of the gun you intend to use it on and the info will get copied to all police agencies. This was co-sponsored by our illustrious Assemblywoman Peoples.
And it goes on and on. Searching the legislature's list of pending bills with the keyword "firearm" gives 141 hits.
The point I am trying to make is that there is much more to be concerned about than just this one law.
The New York state legislature finds that semi-automatic assault weapons are military-style guns designed to allow rapid and accurate spray firing for the quick and efficient killing of humans. The shooter can simply point - as opposed to carefully aim - the weapon to quickly spray a wide area with a hail of bullets.
Gotta snicker at the detractive phrases like "spray-firing", "efficient killing", "hail of bullets", "mass shootings of innocent civilians", and "increased lethality". Especially when they are sparsed along with incidents like the Columbine shooting, and law enforcement deaths. Really tugs at your heartstrings.
Yet they fail to mention that gun laws were already in place that should have prevented those incidents from occurring.....
It always comes back to the failed ideology that increasing prohibitive firearms laws will result in a decrease of gun violence.
accurate and spray fire do not go together
they going to ban "the shoulder thing that goes up" too?
Vote for freedom, not political parties.
Politicians need to cut spending
What was up with that? I can't believe some people are in Congress.
And if I remember correctly (its been several hours) in one of the links the proposed bill talked about a barrel shroud being used for allowing the heat to dissipate so people could grab said shroud immediately after firing.
This makes no sense. Of course, I am a novice to firearms, so let me know if I am wrong. But, if the purpose of the shroud is to dissipate heat then that would be the LAST part of the weapon I would want to touch after firing it. It would be extremely hot because it would be designed to have heat travel through it. Why is garbage like that being codified in the state code?
You, like the bills sponsors, are focusing on minutia. Tiny details that cloud the real issue: Existing gun laws already address these problems. However, they got no bite to 'em!
Criminals know they can plea bargain away gun charges right off the top. These laws are simply not enforced. A prior convicted felon, charged with a firearms violation, almost always gets an opportunity to have it dismissed if they take a plea deal, turn states evidence, agree to become a CI, etc.
True, all of those options give merit towards law enforcement agencies trying to identify the source of the illegal weapons. But it also obfuscates the laws' intended spirit, that of punishing the direct offenders.
No my question is, Aren't ANY laws banning guns against OUR FEDERAL Constitution? I know the 10th amendment allows the states to make laws that don't supersede the Federal ones, but isn't restricting gun ownership against the second Amendment?
google "District of Columbia v. Heller" and see what you find.
Actually... Clicky this Thingy
Sure is.
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