Taking Your Guns in New York






Before we get started our hearts go out to those in Boston; this was a senseless act.

For all you “Law Abiding Citizens” in New York who think your right to bare arm is protected and your “Constitutional Rights” and will never be violated; think again. Under the federal law, any Psychiatrist who thinks you are a danger to yourself or others can notify the police who will follow whatever procedure they have in place. New York’s new law lets nurses and social workers brand you as unfit and can request you guns be taken away without ever seeing a Psychiatrist. So let me think about this; a nurse or (more likely) social workers who has a political agenda and is part of the anti gun crowed just say they think you might hurt yourself or another with no proof, facts, or history to back them up and the police will come take your guns. If you don’t believe me watch “New York tells legal gun owner to hand over weapons”.  NY Safe Act (TEXT) does many things, none of which will stop any criminal from committing a crime but it will infringe on the “Law Abiding Citizen” once more.

First, the below will have many items cut and pasted from the actual bill for your own reading and explanation of what I am talking about.

“Will ban any magazine that holds more than seven rounds” The funny thing about this is now every police officer in the state of New York is a criminal; how can politicians be so stupid?

“Must surrender your arms if someone files a temporary protection order against you” I can understand this if someone has a violent history but anyone can file a temporary protection order. If you have no history of violence, your guns shouldn’t be confiscated until the investigation is complete or you have physical or video taped evidence.

“No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply;” By the way the law reads you cannot possess a firearm without a license which using logic tells you there will no longer be any youth hunting, sorry kids.

“S 9.46 REPORTS OF SUBSTANTIAL RISK OR THREAT OF HARM BY MENTAL HEALTH PROFESSIONALS.  (A) FOR PURPOSES OF THIS SECTION, THE TERM "MENTAL HEALTH PROFES SIONAL" SHALL INCLUDE A PHYSICIAN, PSYCHOLOGIST, REGISTERED NURSE, OR LICENSED CLINICAL SOCIAL WORKER.” As I said above, if a Social Worker has a political agenda, and most do, they can take your weapons away with no cause. I have seen many good Social Workers but I have seen as many Social Workers intoxicated by power trying to press there agenda instead of proper procedures.

“The "two-feature" test bans any gun that is semi-automatic, has a detachable magazine (in the case of pistols and rifles), and possesses two features that are commonly associated with military weapons. The "one-feature" test would ban semi-automatic guns with detachable magazines that possess one feature commonly associated with military weapons.” Don’t all semi-automatic hand guns have detachable magazines? This, by the wording in the law, means all semi-automatic hand guns will be illegal.

“Within one year of the effective date, all weapons defined as assault weapons under the new "one-feature" test, as well as weapons grandfathered in under the original assault weapons ban, must be registered. Current owners of these banned weapons may transfer the weapons only to a firearms dealer or transfer to an out of state buyer. All registered owners will be subject to a review of disqualifiers by the State Police.” So disqualify anyone is at the discretion the State Police. There is no measure identified within the law as to what can disqualify a person just it’s at the State Police discretion. By the way the law is written, the commander of the state police can refuse all transfers and confiscate your weapons with you loosing all worth.  

“Section 48 of the bill amends the Penal Law to require that every county recertify a gun license holder's license every five years. Failure to recertify during this five year period equates to revocation of the license.” When your license is revoked your weapons are immediately confiscated and if you refuse you can be charged with a felony which means you can never own a weapon again.

“Direct shipment of ammunition without a face-to-face transaction prevents a seller from being able to adequately confirm the identity of a buyer through the in-person inspection of a valid photo ID.” This is the same state that says you do not require a “Photo ID” to vote but you do to buy ammunition. The new law also provides a mechanism to identify individuals who purchase unusually high volumes of ammunition, either in person or over the internet. If you passed the background check, why are you doing this? If you do buy more ammunition then their set limit (which isn’t provided), you are added to an internal tracking list according to this law.

“Thus private sellers may transfer a gun only if the buyer has obtained a federal "NICS" check. Further, dealers must maintain records of private sale background checks, and private sellers may charge a fee of up to $10 on a transaction.” Another way to bleed you dry, no reason behind this area.

“Some weapons are so dangerous and some ammunition devices so lethal that we simply cannot afford to continue selling them in our state. Assault weapons that have military-style features unnecessary for hunting and sporting purposes are this kind of weapon.” The most lethal weapon in anyone’s arsenal of military weapons in my opinion is the sniper rifle; why, because you never see them coming. Many of the “military-style features” they point out actually originated in the civilian world, not the military. My question is who is defining an assault rifle or these features? I spent most my life in the military and never seen an assault rifle with a thumb hole in the stock. There is no integrity in what they define as an assault rifle. There is not one single reasoning behind what they have chosen, it just what they want to band.

Below are some definitions within the law:

(A)    A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:

(I)     A FOLDING OR TELESCOPING STOCK;

(II)       A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF THE WEAPON;

(III) A THUMBHOLE STOCK;

(IV)  A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE NON-TRIGGER HAND;

(V)       A BAYONET MOUNT;

(VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADED BARREL DESIGNED TO ACCOMMODATE A FLASH SUPPRESSOR, MUZZLE BREAK, OR MUZZLE COMPENSATOR;

 (B)  A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:

(I)     A FOLDING OR TELESCOPING STOCK;

(II)       A THUMBHOLE STOCK;

(III)  A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE NON-TRIGGER HAND;

(IV) A FIXED MAGAZINE CAPACITY IN EXCESS OF SEVEN ROUNDS;

(V)    AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR

(C)    A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:

(I)     A FOLDING OR TELESCOPING STOCK;

(II)    A THUMBHOLE STOCK;

(III)  A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE NON-TRIGGER HAND;

(IV) CAPACITY TO ACCEPT AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE PISTOL GRIP;

(V)    A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;

(VI) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIRCLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH THE NON-TRIGGER HAND WITHOUT BEING BURNED;

(VII) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS UNLOADED; OR (VIII) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;

(D)    A REVOLVING CYLINDER SHOTGUN;

(E)    A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC PISTOL OR WEAPON DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (E) OF  SUBDI VISION  TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER AS ADDED BY CHAPTER ONE HUNDRED EIGHTY-NINE OF  THE  LAWS  OF  TWO  THOUSAND  AND  OTHERWISE LAWFULLY  POSSESSED PURSUANT TO SUCH CHAPTER OF THE LAWS OF TWO THOUSAND PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINETY-FOUR;

(F)    A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC PISTOL  OR  WEAPON DEFINED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVISION, POSSESSED PRIOR TO THE DATE OF ENACTMENT OF  THE  CHAPTER  OF  THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH;

(G)   PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:

(I)     ANY  RIFLE,  SHOTGUN  OR  PISTOL THAT (A) IS MANUALLY OPERATED BY BOLT, PUMP, LEVER OR SLIDE ACTION; (B)  HAS  BEEN  RENDERED  PERMANENTLY INOPERABLE;  OR  (C)  IS  AN  ANTIQUE  FIREARM  AS  DEFINED IN 18 U.S.C.  921(A) (16);

(II)       A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;

(III)    A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE; OR

(IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF, SPECIFIED IN APPENDIX A TO 18 U.S.C. 922 AS SUCH WEAPON WAS MANUFACTURED ON  OCTOBER  FIRST,  NINETEEN HUNDRED NINETY-THREE. THE MERE FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON;

(V)    ANY WEAPON VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OF SECTION 400.00 OF THIS CHAPTER. SUCH WEAPONS SHALL BE SUBJECT TO THE PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION;

(VI) ANY FIREARM, RIFLE, OR SHOTGUN THAT WAS MANUFACTURED AT LEAST FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLICAS THERE

Many of the features especially on the shot gun make it easier for smaller framed people to handle accurately when defending your property. Didn’t Joe Biden say use a shotgun? I have only pointed out a few items in the law but here is the big question. Of the items listed in this law, would it have stopped what happened at Sandy Hook Elementary School? No, why, because criminals do not obey the law. At Sandy Hook Elementary School you were not allowed by law to bring a gun on school grounds. This law is a feel good law and does nothing but hinder the rights of the law abiding gun owners. Kennesaw Georgia, a suburb of Atlanta has the lowest crime rate I could find in the US, 85% below the national average, it’s also mandatory to own a firearm, can you show me one city with strict gun laws that can boast anywhere close to their average? NO!  

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