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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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.

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

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.

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.

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sparkman2 said:

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.

View attachment 9837

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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.

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

http://www.argusleader.com/viewart/...s-first-state-gun-laws-since-Newtown-massacre

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

Numenor said:

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.

Click to expand...

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.

Jayd1981 said:

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

Click to expand...

And, they passed it. No surprise.

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.

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.

sparkman2 said:

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.

Click to expand...

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?

Resto Guy said:

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?

Click to expand...

Very sad that New Yorkers just laid down for this guy, and took it like the good sheep they are.

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.

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.

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

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.

"Marx, Christ, Wood and Wei led us to this perfect day"

Johnny W said:

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?

Click to expand...

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

Johnny W said:

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.

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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

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)