Governor Andrew Cuomo's aggressive reaction to December's Sandy Hook shootings placed New York State on the path of the strictest gun control law in the country. Froced through the Assembly and State Senate, it was packed full of goodies from mostly Downstate politicians until the final bill has so many provisions that many don't know the full extent of the consequences.
For example, we found out that New York did not exempt its own police from the ten-round magazine restrictions. Now we're finding out that the "common sense" restrictions of the NY SAFE Act are anything but.
Perhaps the most distressing is the fact that it purposefully restricts legal gun ownership. There is not a grandfather clause for legally purchased "assault" weapons and is totally unrealistic, especially for rural Upstate.
Upon further inspection, it appears that the law is even worse than originally thought.
Not coming from the tin-foil crowd, it appears that the law will make it illegal to own more weapons than King Andrew thinks you "need."
For example:
N.Y. PEN. LAW § 265.03
A person is guilty of criminal possession of a weapon in the second
degree when:
(1) with intent to use the same unlawfully against another, such
person:
(a) possesses a machine-gun; or
(b) possesses a loaded firearm; or
(c) possesses a disguised gun; or
(2) such person possesses five or more firearms; or
(3) such person possesses any loaded firearm.
Such possession shall not, except as provided in subdivision one or seven of section 265.02 of
this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.
Criminal possession of a weapon in the second degree is a class C felony.
N.Y. PEN. LAW § 265.04
A person is guilty of criminal possession of a weapon in the firstSo possession of five or more firearms is illegal, even if you owned them before the gun law went into effect. Worried that it may be a gun grab? Well, don't sweat it, because New York State has an arbitrary definition of what a "firearm" is:
degree when such person:
(1) possesses any explosive substance with intent to use the same
unlawfully against the person or property of another; or
(2) possesses ten or more firearms.
Criminal possession of a weapon in the first degree is a class B
felony.
3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon.Do you feel safer yet?
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Resistance to this law is patriotism. Enforcement of this law is treason. Period.
ReplyDeleteI fully agree with you . . MOLON LABE !!
DeleteIt's going to get ugly. People can only take so much before they push back.
ReplyDeleteThe first section excuses possession in the home, so the real rub is that you can no longer transport more than four guns at a time.
ReplyDeleteIf you intend to use them unlawfully against another person.
DeleteThe real rub is that a shooting range isn't "in your home" or "at your place of business", so you can't actually load a gun legally anymore. The real rub is that it makes any sort of carrying of a handgun illegal.
ReplyDeleteIt'll be interesting to see how the state shows that this is constitutional and can get past "individual right" and "in common use" of Heller and McDonald.
The interesting thing to me in the first excerpt is that it appears you are guilty of 2nd-degree criminal possession of a weapon if you have a loaded weapon and are not in your home or your place of business.
ReplyDeleteDoesn't that criminalize shooting ranges for anyone except the owner?
I hate it when they froce things through the Senate. They oughtta make a law against that.
ReplyDelete(May the Froce be with you.)
Are the "Community Organizers" getting their peeps up to speed on all this BS? Only honest, likely older, maybe ignorant of all this, upstate citizens will wind up in jail over these laws. Hood rats, not so much.
ReplyDeleteAs bad as that clause is, I think this one is worse:
ReplyDelete(3) such person possesses any loaded firearm.
That clause, as far as I can tell, makes no exception for any reason including self defense. I can only hope that they also forgot to make the police exempt. That way they'd have to undo it.
Your article is wrong. Some research on your part would have helped. NYS law uses a unique definition of "firearm." A legally owned shotgun or rifle is not a firearm. A pistol is a firearm, but it's exemption is having a pistol permit to own it. A sawed off shotgun, short barreled rifle, a rifle less than 26" or a shotgun with a barrel shorter than 18" are all "firearms" in the eyes of NYS' penal law and are illegal to possess.
ReplyDeleteNot quite
Delete3. "Firearm" means (a) ANY PISTOL or revolver; or (b) a shotgun having
one or more barrels less than eighteen inches in length; or (c) a rifle
having one or more barrels less than sixteen inches in length; or (d)
any weapon made from a shotgun or rifle whether by alteration,
modification, or otherwise if such weapon as altered, modified, or
otherwise has an overall length of less than twenty-six inches; or (e)
AN ASSAULT WEAPON.
The law specifically bans "assault weapons". My .22 is now an assault weapon because it has a detachable magazine and is semi-auto. That bans most of the guns in the state.
DeleteA semi-auto rifle with a detachable mag does not automatically make it an assault weapon in NY. Read the law again: http://news.yahoo.com/factbox-key-provisions-yorks-gun-control-law-022739066.html
DeleteThis explains it all.
ReplyDeletehttp://www.longislandfirearms.com/forum/topic/24636-i-own-eleven-handguns-im-going-to-jail/
Apparently neither you nor the other commenters can read. The five and ten gun possession clauses are subordinate to the "with intent to use the same unlawfully against another, such person:" clause. So having five or ten firearms is only an offense if you intend to use them unlawfully. Nice try, though.
ReplyDeleteWho determines your intent though? It's left open to interpretation by the ones enforcing the law
DeleteYou're incorrect. Read it again.
DeleteN.Y. PEN. LAW § 265.03
A person is guilty of criminal possession of a weapon in the second
degree when:
(1) with intent to use the same unlawfully against another, such
person:
(a) possesses a machine-gun; or
(b) possesses a loaded firearm; or
(c) possesses a disguised gun; or
(2) such person possesses five or more firearms; or
(3) such person possesses any loaded firearm.
Intent matters with 1's subs a, b or c. (2) only requires you to have said "firearms" in the quantity required.
Subsection (2) is not conditioned on the prior subsection; if it were, subsection (1)(c) would have been followed by the conjunction "and." It is not. It is followed by the disjunctive "or", allowing subsection (2) to stand on its own.
DeleteAnother section exempts the number limit on firearms for licensed permit holders.
NY has always been corrupt, I left when I turned 18 and never looked back. New Yorkers may be known for telling it like it is but they are happy to live as serfs and affirm the fact that a human being can get used to anything. The State is a bug eaten apple and the wording of this foolish Law proves it. Cuomo is a fool, just read what he signs.
ReplyDeleteMADNESS -- unadulterated thoughtless knee-jerk MADNESS!! Adult citizens of the United States (or ANY nation) deserve better!
ReplyDeleteAnonymous, you are wrong. Intent only plays a part in sections a, b, and c of sub 1. Sub 2 stands alone, as does sub 3. If intent was required, then it wouldn't be a separate subsection (2) it would be (1)(d). Your reading makes no sense if you look at 265.04, which talks about possession of explosives OR 10 firearms.
ReplyDeleteSecondly, this is not part of the new law, but has been in effect since 2006.
Under New York law, If you have a handgun license, you are not committing a crime by possessing a firearm, or five, or ten of them. Look at Penal Law 400. This section sets forth the types of licenses.
ReplyDeleteStill. this law is a naked gun grab
Hold the phone:
ReplyDelete"A person is guilty of criminal possession of a weapon in the second
degree when:
.
.
(3) such person possesses any loaded firearm."
Does that mean you cannot even have a loaded firearm outside your home of place of business?
If the courts do not strike down the NY State safe act,There will be HELL to pay on election day.Have the politions learned nothing?We the people run the state NOT self centered career politions.
ReplyDeleteYou can read and re-read this back handed gun grabbin neo nazi law any way you want it's un-Constitutional and is only designed as stepping stone to complete conviscation of all firearms from law biding citizens.
ReplyDeleteCheck German, Russian, and any other country in history where the gov't took control of the people and made them serfs and slaves. You'll find the same kinds of things taken place. The Japanese made it unlawful to own afire arm. The police had 357 mag firearms and could not pull them until a cop was kill by gunfire. Surpize no one will be able to use a firearm for defense. Law Smaw its all baloney!!!!
Question:
ReplyDeleteI under stand that NY Defines what a “Firearm” is by the following:
3. "Firearm" means (a) ANY PISTOL or revolver; or (b) a shotgun having
one or more barrels less than eighteen inches in length; or (c) a rifle
having one or more barrels less than sixteen inches in length; or (d)
any weapon made from a shotgun or rifle whether by alteration,
modification, or otherwise if such weapon as altered, modified, or
otherwise has an overall length of less than twenty-six inches; or (e)
AN ASSAULT WEAPON
With that said, I have many Rifles and Shotguns that do not meet said descriptions spelled out by the NYS Firearm definition. So what would NYS classify all of my hunting rifles and shotguns as?