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Thread: NY Gun Ban Details

  1. #1
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    NY Gun Ban Details

    I guess we'll see how New Yorkers react.


    N.Y. Assembly Speaker Silver: ‘We Are Going To Ban Assault Weapons’
    Among Aspects Of Law, Legislature Set To Limit Magazines To 7 Bullets From 10
    January 14, 2013 5:30 PM
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    Illegal Guns from a bust in New York City (file / credit: Mario Tama/Getty Images)
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    Assembly Speaker Sheldon Silver, Gov. Andrew Cuomo, gun control, Marcia Kramer, New York State Legislature, Peter Haskell
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    ALBANY, N.Y. (CBSNewYork) – The New York State Legislature was poised Monday night to pass the first gun control measure following the Newtown school massacre. This as the vice president was set to unveil federal proposals to end gun violence on Tuesday.

    Albany lawmakers have reportedly ironed out the kinks, allowing them to enact new gun control measures in the wake of the Sandy Hook Elementary School mass shooting.

    “To basically eradicate assault weapons from our streets in New York as quickly as possible is something the people of this state want and it’s an important thing to do. It is an emergency,” Assembly Speaker Sheldon Silver told CBS 2’s Marcia Kramer.

    Sources told Kramer the deal worked out by the Legislature is wide ranging, but it starts with assault weapons.

    “We are going to ban assault weapons. We are going to eliminate all of the loopholes that existed previously,” Silver said.

    The new state legislation will:

    * Limit ammunition clips to seven. It’s now 10

    * Force gun owners to renew their licenses every five years

    * Stiffen penalties for using a gun in the commission of a crime

    * Stiffen penalties for bringing a gun on school property

    * New restrictions on the assault weapons already owned by New Yorkers

    “They will be basically not permitted to be transferred. They will be grandfathered in but not in terms of a transfer. There will be a registry,” Silver said.


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    N.Y. Assembly Speaker Silver: 'We Are Going To Ban Assault Weapons'WCBS 880's Peter Haskell Reports
    The state agreement came a day before Vice President Joe Biden was set to give his gun control recommendations to the president. With the gun lobby at a fevered pitch, President Barack Obama said there will be some things he can do without congressional approve.

    “I’m confident that there are some steps that we can take that don’t require legislation,” the president said Monday.

    One of those steps, also sought by New York City Mayor Michael Bloomberg, would have the president order the Justice Department to prosecute criminals who provide false information to buy a gun.

    The mayor said that in 2010 there were 76,000 cases referred by the FBI to the Justice Department. Only 44 were prosecuted.

    “This is a joke. It’s a sad joke, and it’s a lethal joke,” Bloomberg said.

    It’s not clear whether the president will spend his political capital on seeking to re-impose the federal assault weapons ban that expired in 2004. The gun lobby has vowed to defeat it in congress. And prominent Republicans, like Sen. John McCain, are opposed.

  2. #2
    Regular Member Numenor's Avatar
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    I just took a quick read through the bill... eeeesh (my parents still live in Upstate NY). About the only good thing in it is the keeping of license information private.

    I read on another site about the possibility of fighting this law as an ex post facto law, however I'm not sure how that will work as it seems to provide a mechanism for the lawful transfer of the banned firearms/mags. Someone who's a bit more learned in law will need to dissect it better than I can to determine if there's any validity to that provision.

    Here's the bill: http://open.nysenate.gov/legislation/bill/S2230-2013
    Last edited by Numenor; 01-15-2013 at 01:05 AM.

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    NY Gun Ban Details

    Ex post facto only applies to punishment for acts committed prior to the enactment of a law. This would make continuing ownership or transfer illegal after enactment, so that's not the same.

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    Regular Member sparkman2's Avatar
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    I hope that someone in the NY state legislature has the cojones to fight this battle . What seems odd to me is that there is no provision in the NY state Constitution that specifically states that a person has the right to keep and bear arms. If there is can someone point me in that direction because I didn't see it. If there isn't then maybe it should be in there.

    Attachment 9837
    Last edited by sparkman2; 01-15-2013 at 05:23 AM.
    "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides, for an unarmed man may be attacked with greater confidence than an armed one." Thomas Jefferson (quoting Cesare Beccaria)

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    Regular Member Numenor's Avatar
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    Quote Originally Posted by sparkman2 View Post
    I hope that someone in the NY state legislature has the cojones to fight this battle . What seems odd to me is that there is no provision in the NY state Constitution that specifically states that a person has the right to keep and bear arms. If there is can someone point me in that direction because I didn't see it. If there isn't then maybe it should be in there.

    Attachment 9837
    There isn't a section in the NYS Constitution stating the RKBA, however it is in NYS Code. On my phone atm so I can't do a quick lookup of the statute number, 19 perhaps, but it is in there.

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    Your potential new NY gun control law is being discussed live in assembly now.

    http://www.argusleader.com/viewart/2...wtown-massacre

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    Campaign Veteran MSG Laigaie's Avatar
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    I understand the ban has been passed and already signed by the governor in NY. My Son lives there. I will have to bring him home.

    Sorry New York
    Last edited by MSG Laigaie; 01-15-2013 at 06:14 PM.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

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    Regular Member sparkman2's Avatar
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    Quote Originally Posted by Numenor View Post
    There isn't a section in the NYS Constitution stating the RKBA, however it is in NYS Code. On my phone atm so I can't do a quick lookup of the statute number, 19 perhaps, but it is in there.
    You are correct. NY State Code Article 2 section 4 :
    "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.
    "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides, for an unarmed man may be attacked with greater confidence than an armed one." Thomas Jefferson (quoting Cesare Beccaria)

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    Quote Originally Posted by Jayd1981 View Post
    Your potential new NY gun control law is being discussed live in assembly now.
    And, they passed it. No surprise.

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    My most sincere condolences. May I recommend a change of venue. Virginia is beautiful, has lovely mountains and beaches. Texas is hot, but has nice beaches and is close enough to get to Colorado with out undergoing the TSA grope fest.

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    Well, regarding the magazine restriction part of the law, all we need is border state gun dealers (such as those in Pennsylvania) to advertise in nearby New York newspapers that they have 10-, 14-, 37-round magazines in stock. Of course, if the newspapers won't carry such advertisements there's still billboards. It's no crime in Pennsylvania if a New Yorker buys a firearms magazine in Pennsylvania.

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    Quote Originally Posted by sparkman2 View Post
    You are correct. NY State Code Article 2 section 4 :
    "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.



    Constitutions were meant to be trashed and ignored. My president taught me that.

    I think N.Y. was the litmus test for what he is about to do. Are there any riots yet?
    Last edited by Resto Guy; 01-15-2013 at 09:03 PM.

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    Regular Member reconnoiter's Avatar
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    Quote Originally Posted by Resto Guy View Post
    Constitutions were meant to be trashed and ignored. My president taught me that.

    I think N.Y. was the litmus test for what he is about to do. Are there any riots yet?
    Very sad that New Yorkers just laid down for this guy, and took it like the good sheep they are.

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    Campaign Veteran MSG Laigaie's Avatar
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    As I read the new Citizens Disarmament document I noticed the one feature rule. The glock has a bayonet that attaches to a rail. Will railed pistols fail the one feature rule and be banned? A laser? Night sights? The legislators in NY are out of control. Food for thought.



    The "one-feature" test would ban semi-automatic guns with
    detachable magazines that possess one feature
    commonly associated
    with military weapons. This section also adds to the list of
    "features" that characterize a banned weapon.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

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    Regular Member motoxmann's Avatar
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    wow. simply, wow.
    and I see NOTHING in regards to state buyback attempts for things now deemed illegal.
    I also see they forgot to mention that in the very same heller case mentioned in the bill, SCOTUS also deemed it unconstitutional to ban any firearms (and firearms components) in common use. and every weapon and magazine they are banning are quite obviously in common use.

    NY needs private lawyers to challenge this new law and take it to SCOTUS to get slammed down. IMMEDIATELY

    P.S. I grew up in Rochester, and my Brother and Mother and mother's side of the family all still live there.
    Last edited by motoxmann; 01-15-2013 at 10:29 PM.

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    Regular Member jt59's Avatar
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    I read where it will be a misdemeanor if you have 8 bullets in your clip (mag) instead of 7....I thought, "what a great disincentive for the thugs" now we'll really be safer....

    arghhhhhh
    Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, because they live in the grey twilight that knows not victory nor defeat....Teddy Roosevelt

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    My condolences.

    I've heard that this law says you cannot LOAD more than 7 rounds in your magazine, but you can still have the 10-round magazine. Or will this allow you to have a 13 or even 30 round magazine with only 7 rounds in it?

    This only makes a difference for me as I drive through, since when I'm actually going to somewhere in NY I wouldn't carry.

    Sorry your legislators passed this, and even more sorry they did it in the way they did, with little opportunity for public comment, outcry, or opposition. They seem to know they don't really have a majority share of the opinion. I'm trying to make sure that you can at least still come to CT and play with the good stuff.

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    "Marx, Christ, Wood and Wei led us to this perfect day"
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Regular Member motoxmann's Avatar
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    Quote Originally Posted by Johnny W View Post
    I've heard that this law says you cannot LOAD more than 7 rounds in your magazine, but you can still have the 10-round magazine. Or will this allow you to have a 13 or even 30 round magazine with only 7 rounds in it?
    NY previously had a 10 round limit, all mags sold in NY were only 10 rounds. all mags currently owned in NY may be kept in their original owners' possession, but may only contain 7 rounds max at any point in time

    Quote Originally Posted by Johnny W View Post
    This only makes a difference for me as I drive through, since when I'm actually going to somewhere in NY I wouldn't carry.
    um, do you have a NY pistol permit? if not, you BETTER NOT carry at all while in the state of NY, even if in your car. gun must be unloaded and locked in trunk, and ammo stored seperately.
    might want to read the laws on transporting a handgun through the state of NY

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    Regular Member motoxmann's Avatar
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    also, I hear there are already a few lawyers in Buffalo and Rochester filing a class action lawsuit over this new law (err, set of laws)
    Last edited by motoxmann; 01-16-2013 at 03:16 AM.

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    I'm trying to figure out how to set up a charity for NY State gun owners, so that they can store all their now-banned items in safe storage, to be held there until the laws change so they can get them back, or they relocate to some part of Free America where their firearms are still welcome.

    This will not be a transfer of ownership program. Owners will have to bring their guns in person - no proxies or couriers. Just some sort of bonded warehouse where they can bring their toys to a place where they will be guarded and protected (as best it can be done) from theft and fire. No individual lockers, just huge rows of gun racks (long guns and handguns) with claim checks that need to be cross-matched to ID and the original storage contract.

    Run it as a non-profit to keep the monthly fees as low as possible. Locate it in a state where the liklihood of similar laws being pased is very low. In order to offset the expense of travel that would be required they could claim it as a deductable education expense if they take their kid(s) with them to learn what you have to do to protect your Constitutional rights. (If they don't have a kid of their own they could borrow one.)

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

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    I hope PA doesn't follow NY's lead!!!
    Sorry guys!

    T-R

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    I live in Illinois. Our Governor/Mayor et al tried something even worse during the "lame duck" session of the 97th General Assembly last week. Luckily, we were organized, and barely beat it. I'm sure "they" aren't done, but at least they won't be able to sneak it through in the middle of the night. Hopefully your gun rights organizations will have this law in court. Until then, I guess I can take a black magic marker to my map where New York used to be. Sorry.

    I wonder of those that think a magazine capacity limit does not violate the Second Amendment would also feel the same about a weight limit on the Nineteenth Amendment?
    Last edited by kurt555gs; 01-16-2013 at 09:17 AM.

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    Thumbs up

    I saw the breakdown of this travesty today...just wow, sorry for you guys. this is blantantly and clearly unconstitutional under the federal consitution.

    The best bet is a class action federal charge against the state. take it to SCOTUS and win again like heller did. the 2A foundation should be all over this. so glad i live in a state with a state constitutional protection on the right to keep an bear arms, since i would definately refuse to obey an illegal order to register any arms or limit my ammo to 7(unless i had a revolver of course). there are over a million of you in the state i'm sure you will get something done if you stand together.
    Last edited by Schlepnier; 01-16-2013 at 09:42 AM.
    +thought for the day+
    ++victory needs no explanation, defeat allows none++

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    My condolences New Yorkers, I read even your Republican party reps. supported Como... How would any of these new laws prevented a crazy from shooting his mom and stealing her guns?

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