[garyparalegal]

Home invasion?

Good grief, this incorrect info just keeps getting repeated over and over by news outlets.

"A: After the bill was signed, New Yorkers were no longer allowed to purchase a magazine with a capacity of more than seven rounds. New York's previous capacity limit was 10 rounds, though magazines manufactured before 1994 were not subject to the ban.
That changed on Tuesday. Those who own pre-1994 magazines that hold more than 10 rounds now have one year to either sell them out of state or surrender them to authorities.
Magazines purchased before Tuesday that can hold eight, nine or 10 bullets remain legal, but they become illegal if more than seven rounds are loaded in them at any one time.
The penalties for possessing an outlawed magazine vary. If someone possesses a pre-1994 high-capacity magazine after one year, they could be hit with a misdemeanor.
For a grandfathered-in magazine, the penalty for loading it with more than seven rounds in the owner's home is a $200 fine for a first violation and a misdemeanor for a second violation. If it's outside of the owner's home, the penalty is a misdemeanor."

The bill signed into law states that Section 38 (which deals with ammunition feeding devices) has an effective date of 90 days from the effective date of the law, except for paragraph (A) which has an effective date of the day the bill was signed into law.

S46-a. S 265.37 page 24; line 19, 41 thru 56. page 25 line 1 thru 3, the penalty for loading a magazine with more than seven rounds in the owner's home is a $200 fine for a first violation, and a class B misdemeanor and subject to $200 fine and up to THREE MONTHS IMPRISONMENT for a second violation. If it's IN ANY LOCATION OTHER THAN THE HOME OF THE POSSESSOR, the penalty is a class B misdemeanor, $200 fine, and up to SIX MONTHS IMPRISONMENT for a first violation, and a Class A Misdemeanor for a second violation." S46-a. S 265.37
Among other things, this is an invasion of privacy, warrantless act? search and seizure, no knock warrants. So an annonymous tipster calls John E. Law and says "Hey Joe Blow has a home defense gun loaded with 10 rounds!" I heard Cuomo rushed this through so he could be the first to sign this into law for his presidential bid in 2016

 

[Goros]

yep and the bad info is only getting worse. Rush and Beck have been throwing bad info out on it all week, even SE Cupp is wrong.

makes my head hurt.

 

[Ofoceans]

So if I install the Magpul AFG2 I ordered two weeks ago on my mini-14 it becomes an assault weapon even though it isn't a "pistol style" forward grip. Spectacular.

 

[fastk9dad]

the ammo parts of the law don't start till next year, it's in the body of the bill - which the LGS's can now look up for themselves. Once they see the effective date on it they will relax.

Just a matter of people panicking.

Where do you get 1 year from. I'm reading it starts 30 days after the database has been created.

3. NO LATER THAN THIRTY DAYS AFTER THE SUPERINTENDENT OF THE STATE
POLICE CERTIFIES THAT THE STATEWIDE LICENSE AND RECORD DATABASE ESTAB LISHED PURSUANT TO SECTION 400.02 OF THIS ARTICLE IS OPERATIONAL FOR THE PURPOSES OF THIS SECTION, A DEALER IN FIREARMS LICENSED PURSUANT TO SECTION 400.00 OF THIS ARTICLE, A SELLER OF AMMUNITION AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION 265.00 OF THIS CHAPTER SHALL NOT TRANSFER ANY AMMUNITION TO ANY OTHER PERSON WHO IS NOT A DEALER IN FIREARMS AS DEFINED IN SUBDIVISION NINE OF SUCH SECTION 265.00 OR A SELLER OF AMMUNITION AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION 265.00 OF THIS CHAPTER, UNLESS:

nevermind, I found it...

e. The amendments to sections 400.02 and 400.03 of the penal law made
by sections forty-nine and fifty of this act shall take effect one year after it shall have become a law;

So it seems we have 395 days from 1/15.

 

[snkypete]

yep and the bad info is only getting worse. Rush and Beck have been throwing bad info out on it all week, even SE Cupp is wrong.

makes my head hurt.

Huge Beck fan but I was yelling at the radio the last few days.

 

[Yerkels]

One of the biggest misunderstandings is that you have 60 days to sell any firearm privately. This only applies to those guns NOT now defined as assault weapons. Assault weapons, all semi automatic AR and AKs, may now NOT be sold except to out of state or to gun dealers.

So in other words, if you did not own an "Assault Rifle" as of the 15th of January, 2013, you will NEVER be able to purchase or own one as a resident of New York State, even if an owner of a NYS registered "Assult Rifle" would like to sell it to you. Am I understanding this correctly?

 

[RayKnobs]

!" I heard Cuomo rushed this through so he could be the first to sign this into law for his presidential bid in 2016

I have a friend who lives in Maryland. Their governor wants to run against Cuomo in the primary. Imagine what that state is in for.

 

[RayKnobs]

So in other words, if you did not own an "Assault Rifle" as of the 15th of January, 2013, you will NEVER be able to purchase or own one as a resident of New York State, even if an owner of a NYS registered "Assult Rifle" would like to sell it to you. Am I understanding this correctly?

Bingo.... the effective date may change your timeline a little but it's hard to decode.

 

[meketrefe]

Like gunner said,

Bone stock S12 saiga shotguns are now AWs!

Even this browning BAR is now an Assault weapon...

 

[TriggerTX]

So I just got off of the phone with my local gunshop to have them fax their FFL to a place where I have had a custom AR upper and lower made and they said they couldn't do it anymore. So I asked her to entertain me with a few questions and when I asked if she could sell a Ruger mini 14 she said now, no she can not. She stated she had already spoken to the state police about it.

 

[Wacky Worm]

Originally Posted by Gunner57
Nope, they expanded the criteria on shotty's too.

Here is the list posted so far by NYSP...

SHOTGUNS:

• Franchi SPAS 12 and LAW 12
• Striker 12
• The Streetsweeper type S/S Inc. SS/12
• Saiga semi-automatic shotgun
• HIGH STANDARD MODEL 10 SERIES B POLICE SHOTGUN 12GA
• FN Herstal SLP MK1 TACT
• Benelli M-2 Tactical
• CHARLES DALY Tactical
• Remington 81059 Versa Max Tactical
• Remington Model 81404 Tactical
• SRM Tactical Semi-Auto Shotgun
• RAAC MKA1919 SEMI AUTO
• Remington Model 1100 TACTICAL

New York State SAFE Act

dont jump so soon, the law as written does not define pump action guns as assault weapons.

additionally, any pistols you own that are on your permit dont have to be registered as they already are.

This.

List is bad and wrong currently. Ignore it.

The NYSP list above includes a pump-action shotgun:

• Remington Model 81404 Tactical

I'm not saying that anyone is wrong, because it's almost impossible to fully understand some parts of this jumbled cluster-f#$% mess of a law. It almost sounds like the NYSP defines what's on "the list", unless I'm missing something? Based on the excerpt below, I think it implies that the NYSP list will actually give a final say on what's legal or banned. I'm no expert, just my interpretation at this point...

43 (B) THE SUPERINTENDENT OF STATE POLICE SHALL CREATE AND MAINTAIN AN INTERNET WEBSITE TO EDUCATE THE PUBLIC AS TO WHICH SEMIAUTOMATIC RIFLE, SEMIAUTOMATIC SHOTGUN OR SEMIAUTOMATIC PISTOL OR WEAPON THAT ARE ILLEGAL AS A RESULT OF THE ENACTMENT OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, AS WELL AS SUCH ASSAULT WEAPONS WHICH ARE ILLEGAL PURSUANT TO ARTICLE TWO HUNDRED SIXTY-FIVE OF THIS CHAPTER. SUCH WEBSITE SHALL CONTAIN INFORMATION TO ASSIST THE PUBLIC IN RECOGNIZING THE RELEVANT FEATURES PROSCRIBED BY SUCH ARTICLE TWO HUNDRED SIXTY-FIVE, AS WELL AS WHICH MAKE AND MODEL OF WEAPONS THAT REQUIRE REGISTRATION. (C) A PERSON WHO KNOWINGLY FAILS TO APPLY TO REGISTER SUCH WEAPON, AS REQUIRED BY THIS SECTION, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND SUCH PERSON WHO UNKNOWINGLY S. 2230 34 A. 2388

 

[Goros]

No. This says that the NYSP has to create an accurate list showing FUDDs and morons who can't read what is and isn't a legal firearm that needs to be registered.

They have to update and maintain it, but they can't change the law.

it specifically states that it must be based off 265.xx, which means - IF IT ISN'T IN 265, IT SHOULD NOT BE ON THE LIST. Which coincidentally they took down today, and will have 30 some-odd amendments to incorporate into the bill, and which maybe will show up with an accurate list of firearms next time.

but I wouldn't count on it.