assault weapon. The availability of military-style assault weapons poses
2 a serious threat to the public health and safety. Most citizens, includ-
3 ing most gun owners, believe that assault weapons should not be avail-
4 able for civilian use.
5 S 2. Subdivision 22 of section 265.00 of the penal law is REPEALED and
6 a new subdivision 22 is added to read as follows:
7 22. "ASSAULT WEAPON" MEANS ANY:
8 (A) SEMI-AUTOMATIC OR PUMP-ACTION RIFLE THAT HAS THE CAPACITY TO
9 ACCEPT A DETACHABLE MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING: 10 (I) A PISTOL GRIP;
11 (II) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
12 NON-TRIGGER HAND;
13 (III) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
14 (IV) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
15 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
16 NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT
17 ENCLOSES THE BARREL; OR
18 (V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR;
19 (B) SEMI-AUTOMATIC PISTOL, OR ANY SEMI-AUTOMATIC, CENTERFIRE RIFLE
20 WITH A FIXED MAGAZINE, THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN
21 ROUNDS OF AMMUNITION;
22 (C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
23 MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
24 (I) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
25 NON-TRIGGER HAND;
26 (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
27 (III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
28 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
29 NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT
30 ENCLOSES THE BARREL;
31 (IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR
32 (V) THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AT ANY LOCATION
33 OUTSIDE OF THE PISTOL GRIP;
34 (D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING:
35 (I) A PISTOL GRIP OR A VERTICAL HANDGRIP;
36 (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
37 (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR
38 (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE;
39 (E) SHOTGUN WITH A REVOLVING CYLINDER;
40 (F) CONVERSION KIT, PART, OR COMBINATION OF PARTS, FROM WHICH AN
41 ASSAULT WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR
42 UNDER THE CONTROL OF THE SAME PERSON; OR
43 (G) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES, DETERMINED BY
44 RULES AND REGULATIONS OF THE SUPERINTENDENT OF STATE POLICE TO BE
45 PARTICULARLY SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. IN ADDI-
46 TION, THE SUPERINTENDENT OF STATE POLICE SHALL, BY RULES AND REGU-
47 LATIONS, DESIGNATE SPECIFIC SEMIAUTOMATIC CENTERFIRE OR RIMFIRE RIFLES
48 OR SEMIAUTOMATIC SHOTGUNS, IDENTIFIED BY MAKE, MODEL AND MANUFACTURER`S
49 NAME, TO BE WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPERINTEN-
50 DENT OF STATE POLICE DETERMINES THAT SUCH WEAPONS ARE PARTICULARLY SUIT-
51 ABLE FOR MILITARY AND NOT SPORTING PURPOSES. A LIST OF ASSAULT WEAPONS,
52 AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, SHALL BE MADE
53 AVAILABLE ON A REGULAR BASIS TO THE GENERAL PUBLIC.
54 PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS
55 BEEN RENDERED PERMANENTLY INOPERABLE.
A. 2466--A 3
1 S 3. Section 265.00 of the penal law is amended by adding three new
2 subdivisions 24, 25 and 26 to read as follows:
3 24. "DETACHABLE MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE, THE
4 FUNCTION OF WHICH IS TO DELIVER ONE OR MORE AMMUNITION CARTRIDGES INTO
5 THE FIRING CHAMBER, WHICH CAN BE REMOVED FROM THE FIREARM WITHOUT THE
6 USE OF ANY TOOL, INCLUDING A BULLET OR AMMUNITION CARTRIDGE.
7 25. "MUZZLE BRAKE" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A WEAPON
8 THAT UTILIZES ESCAPING GAS TO REDUCE RECOIL.
9 26. "MUZZLE COMPENSATOR" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A
10 WEAPON THAT UTILIZES ESCAPING GAS TO CONTROL MUZZLE MOVEMENT.
11 S 4. Section 265.20 of the penal law is amended by adding a new subdi-
12 vision d to read as follows:
13 D. POSSESSION OF AN ASSAULT WEAPON ON PROPERTY OWNED OR IMMEDIATELY
14 CONTROLLED BY THE PERSON, OR WHILE ON THE PREMISES OF A LICENSED
15 GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL
16 USE OF THE ASSAULT WEAPON AT A DULY LICENSED FIRING RANGE, OR WHILE
17 TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED
18 SUCH WEAPON PRIOR TO JANUARY FIRST, TWO THOUSAND SEVEN AND WHO, PRIOR TO
19 APRIL FIRST, TWO THOUSAND SEVEN:
20 1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR
21 2. SURRENDERS THE ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT
22 AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI-
23 SION A OF THIS SECTION; OR
24 3. REGISTERS THE ASSAULT WEAPON AS PROVIDED FOR IN SUBDIVISION SEVEN
25 OF SECTION THREE HUNDRED NINETY-SIX-FF OF THE GENERAL BUSINESS LAW.
26 S 5. Subdivision 7 of section 396-ff of the general business law is
27 renumbered subdivision 8 and a new subdivision 7 is added to read as
29 (7) THE DIVISION OF STATE POLICE SHALL NO LATER THAN JANUARY FIRST,
30 TWO THOUSAND SEVEN, PROMULGATE RULES AND REGULATIONS FOR THE ADDITION OF
31 INFORMATION IDENTIFYING ASSAULT WEAPONS LAWFULLY POSSESSED PRIOR TO
32 JANUARY FIRST, TWO THOUSAND SEVEN TO THE DATABANK ESTABLISHED BY THIS
33 SECTION. SUCH RULES AND REGULATIONS SHALL, AT A MINIMUM, SPECIFY PROCE-
34 DURES BY WHICH THE OWNER OF AN ASSAULT WEAPON LAWFULLY POSSESSED PRIOR
35 TO JANUARY FIRST, TWO THOUSAND SEVEN IS TO DELIVER AN ASSAULT WEAPON AND
36 VERIFICATION OF A BACKGROUND CHECK REQUIRED BY 18 USC S 922 TO THE
37 REGIONAL PROGRAM FOR TESTING AND PROMPT RETURN. UPON RECEIPT OF THE
38 SEALED CONTAINER AND INSPECTION OF A CERTIFICATE PROVING THAT A BACK-
39 GROUND CHECK HAS BEEN CONDUCTED AND THE OWNER IS NOT PROHIBITED FROM
40 POSSESSING A FIREARM, THE DIVISION OF STATE POLICE SHALL CAUSE TO BE
41 ENTERED IN THE AUTOMATED ELECTRONIC DATABANK PERTINENT DATA, INCLUDING
42 BALLISTIC INFORMATION RELEVANT TO IDENTIFICATION OF THE SHELL CASING AND
43 TO THE ASSAULT WEAPON FROM WHICH IT WAS DISCHARGED, AND THE DATE AND
44 PLACE OF THE BACKGROUND CHECK AND THE NAME OF THE INDIVIDUAL WHO
45 CONDUCTED SUCH BACKGROUND CHECK.
46 S 6. Severability. If any provision or term of this act is for any
47 reason declared unconstitutional or invalid or ineffective by any court
48 of competent jurisdiction, such decision shall not affect the validity
49 or the effectiveness of the remaining portions of this act or any part
51 S 7. This act shall take effect January 1, 2007.
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I think I'm gonna be sick.....
Whos sponsoring that bill? Is this a current bill in the NY legislature? You should post a link to the bill text.
NY peeps should post a link in their forums and the legislative calendar, you can look up individual bills and then post when hearings are held. They also need to see what support if any it has in their legislature.
That bill is fucked up.
Unbelievable, simply unbelievable. If I were a citizen of NY I would ask these scumbag politicians (yes, these particular politicians have earned the "scumbag" trademark for this statement alone) for data to back up this claim. Not only are these butt droppings being unconstitutional but they are insulting everyone's intelligents at the same time.....at least gun owner's intelligents anyways.
I really pray they dont do something like this in Texas
I am willing to bet that Texas will be the last bastion of gun sanity in the US.
This bill in NY doesn't surprise me, seriously, look at the senators. Chucky and Hillary? I love the part, and it's been pointed out, that gun owners don't even think these rifles should be legal. Come again? I don't know a gun owner that wouldn't atleast like to have an AR/AK or something. What gets me is that stuff like forward handles and barrel shrouds scares the shit out of them. What makes them think that someone willing to commit a crime with a firearm will go forth and commit said crime while adhering to "gun control" laws? Idiots...
What is NY trying to take the title away from CA as the worst state in the country.
If this is true, you NY-ers better get busy... busy either fighting this or moving.
or actually doing what the damn constitution says and defending your 2nd amendment rights by want ever means necessary, things like this just remind me why I’m not a liberal fag
"No government can be trusted, that does not trust its own people with military-style arms of greater weight and power than those possessed by the central government itself."
- Vin Suprinowicz
WOW....looks almost verbatim to CA's 2k law, which finally did away with most semi-auto's there.
This is ludicrous. I would be calling my State legislators immediately.
If not, I would file a lawsuit against this. It is gun confiscation and a permanent database of all gun owners who owned an AR before January 2007? Sounds to me that they are building that database for future confiscations, like your pistols and shotguns as well.
Christ, do we ever need a SCOTUS ruling that states the 2nd Amendment cannot be infringed upon.
I feel for you NY'ers - and as an LEO my thoughts are that everyone (read no felons or mental whack jobs) should be allowed to own firearms.
Never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, never register, etc
SOme nut from Austin tries to pass an AW ban every year, I think, but it never gets past the Criminal Justice committee.
fight every bill that is proposed,!!!!!!!!!
once one small anti gun bill passes others will find there way in easier
FIGHT THOSE bastard comunist control freeks that represent 10% of our nations population F THEM ALL call your congressman or woman
anyway i feel better now that i have ranted thank GOD i dont live in NY
we are a little less communist here in Maryland but not much less
"When you say 'Most citizens, including most gun owners, believe that assault weapons should not be available for civilian use,' could you please cite your source. Actually, that was not a question. Cite your source. Thank you."
"How a politician stands on the Second Amendment tells you how he or she views you as an individual...as a trustworthy and productive citizen, or as part of an unruly crowd that needs to be lorded over, controlled, supervised, and taken care of." - Rep. Suzanna Hupp of Texas
I work with many liberal moonbats (campus of a major university). In the parking lot, I still see Kerry/Edwards bumperstickers.
I have asked this question on more than one occasion to the "Kanye Crowd" ('George Bush hates black people'): If you don't like the military, and don't trust the gov't (especially the Bush administration), why are you so ready, willing, and eager to give them a monopoly on the use of force in this country?
I haven't had a straight answer yet; just a bunch of hem-hawing.
Can't afford to even let the proverbial camel's nose in the tent.
That's all the hometown forum for NY ever talks about. It's one friggin bill after another. There is no time to enjoy owning a gun in PRNY because you are too busy fighting the people who are supposed to be representing you.
That is crap. If people were left with dull spoons to defend themselves with those turds would try and ban those too. Glad I live in Texas. I will go throw up now.
FUCKIN' A. who the hell comes up with this shit. You guys in new york need to fight like hell against this. And same for any bill like it any wear. Once one bullshit bill passes, it just clears a path for more bullshit!. what do they think banning guns will accomplish? crime rates wont go down and people wont be any safer w/o them. when will they learn. And wear the hell did they get the idea that gun owners dont like guns ( or "assult weapons" in this case )? are they on crack? if guns owners did like them or think that citizens should have them, then they would spend thousands of dollars on them every year. and brfore i forget ... fuck hillary.
Line 2, 3, and 4 at the top of the thread. I can't tell you where the law comes from though.
saw this coming. and what democrats are going to be running in the next election. its gonna get worse.
Please take Hillary Back.
We can keep whats his face. Someone has to service the desperate housewives of upper Westchester County.
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 to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. --- Thomas Jefferson in "Commonplace Book," 1774-1776, quoting from On Crimes and Punishment, by criminologist Cesare Beccaria, 1764
If TJ was only alive today.
Sorry, guess I should've been more clear. My reply wasn't a question for Mark; it was intended to be the logical response, during the bill testimony, to whomever was proposing said bill.