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Posted: 7/24/2013 3:34:49 AM EST
22. "Assault weapon" means........
  (e) 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;
   (iv) a rifle, shotgun or pistol, or a replica or a duplicate  thereof,
 specified  in  Appendix A to section 922 of 18 U.S.C. 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; or
   (v)  a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
 pistol  or  any  of  the  weapons  defined  in  paragraph  (d)  of  this
 subdivision  lawfully  possessed prior to September fourteenth, nineteen
 hundred ninety-four.


So according to the Penal Law definition, an "Assault Weapon" lawfully possessed in NYS prior to Sept 14, 1994 is not deemed an "Assault Weapon".

So how then, would the SAFE act even apply to a Colt AR-15 that was lawfully possessed in NYS before the above date? Looks like the AW registration does not apply..
Link Posted: 7/24/2013 3:37:59 AM EST
[#1]
I don't think it's going to apply to 95% of the population of NY.
Link Posted: 7/24/2013 4:04:37 AM EST
[#2]

Quoted:


(v)  a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic

 pistol  or  any  of  the  weapons  defined  in  paragraph  (d)  of  this

 subdivision  lawfully  possessed prior to September fourteenth, nineteen

 hundred ninety-four.




So according to the Penal Law definition, an "Assault Weapon" lawfully possessed in NYS prior to Sept 14, 1994 is not deemed an "Assault Weapon".



So how then, would the SAFE act even apply to a Colt AR-15 that was lawfully possessed in NYS before the above date? Looks like the AW registration does not apply..
View Quote


You are reading from the old law.  That was repealed with SAFE and replaced with new language.  That is where the ambiguity is coming in with regards to whether or not the concept of "pre-ban" even applies any more.  Since any rifle with one "evil" feature in possession prior to January 2013 is now covered, it appears on the surface to allow as many evil features as you want on any rifle manufactured before 2013 as long as it is registered.



Still subject to lengthy debates in other threads.



 
Link Posted: 7/24/2013 4:12:43 AM EST
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

You are reading from the old law.  That was repealed with SAFE and replaced with new language.  That is where the ambiguity is coming in with regards to whether or not the concept of "pre-ban" even applies any more.  Since any rifle with one "evil" feature in possession prior to January 2013 is now covered, it appears on the surface to allow as many evil features as you want on any rifle manufactured before 2013 as long as it is registered.

Still subject to lengthy debates in other threads.
 
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Quoted:
Quoted:
(v)  a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
 pistol  or  any  of  the  weapons  defined  in  paragraph  (d)  of  this
 subdivision  lawfully  possessed prior to September fourteenth, nineteen
 hundred ninety-four.


So according to the Penal Law definition, an "Assault Weapon" lawfully possessed in NYS prior to Sept 14, 1994 is not deemed an "Assault Weapon".

So how then, would the SAFE act even apply to a Colt AR-15 that was lawfully possessed in NYS before the above date? Looks like the AW registration does not apply..

You are reading from the old law.  That was repealed with SAFE and replaced with new language.  That is where the ambiguity is coming in with regards to whether or not the concept of "pre-ban" even applies any more.  Since any rifle with one "evil" feature in possession prior to January 2013 is now covered, it appears on the surface to allow as many evil features as you want on any rifle manufactured before 2013 as long as it is registered.

Still subject to lengthy debates in other threads.
 


http://open.nysenate.gov/legislation/bill/s2230-2013

"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."
Link Posted: 7/24/2013 4:32:24 AM EST
[#4]
Link Posted: 7/24/2013 4:33:23 AM EST
[#5]
Pre bans no longer matter. Everything with 1 or more features has to be registered if it falls into the definition of an assault weapon.

You can put on any and all features now if you gun was re classified into an assault weapon on 1-15-13.
Link Posted: 7/24/2013 4:38:38 AM EST
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
  Not sure what you're trying to say.  That snippet (which isn't part of the operative text of the Act) does explain that pre-94 guns are not exempt.
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Quoted:
  Not sure what you're trying to say.  That snippet (which isn't part of the operative text of the Act) does explain that pre-94 guns are not exempt.

I was just answering my own question. So yes, grandfathered "rifles" require registration as "Assault Weapons".

Quoted:
Pre bans no longer matter. Everything with 1 or more features has to be registered if it falls into the definition of an assault weapon.

You can put on any and all features now if you gun was re classified into an assault weapon on 1-15-13.


My concern is exactly that. If they are ALL (including grandfathered?) being re-defined as "Assault Weapons", then where in the law does it state that you are allowed to possess and transport it? Because as far as I know, it is a Class D Felony to transport "Assault Weapons".

http://codes.lp.findlaw.com/nycode/PEN/THREE/P/265/265.10

Unless that was amended as well to address the issue?

Link Posted: 7/24/2013 4:52:35 AM EST
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I was just answering my own question. So yes, grandfathered "rifles" require registration as "Assault Weapons".



My concern is exactly that. If they are ALL (including grandfathered?) being re-defined as "Assault Weapons", then where in the law does it state that you are allowed to possess and transport it? Because as far as I know, it is a Class D Felony to transport "Assault Weapons".

http://codes.lp.findlaw.com/nycode/PEN/THREE/P/265/265.10

Unless that was amended as well to address the issue?

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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
  Not sure what you're trying to say.  That snippet (which isn't part of the operative text of the Act) does explain that pre-94 guns are not exempt.

I was just answering my own question. So yes, grandfathered "rifles" require registration as "Assault Weapons".

Quoted:
Pre bans no longer matter. Everything with 1 or more features has to be registered if it falls into the definition of an assault weapon.

You can put on any and all features now if you gun was re classified into an assault weapon on 1-15-13.


My concern is exactly that. If they are ALL (including grandfathered?) being re-defined as "Assault Weapons", then where in the law does it state that you are allowed to possess and transport it? Because as far as I know, it is a Class D Felony to transport "Assault Weapons".

http://codes.lp.findlaw.com/nycode/PEN/THREE/P/265/265.10

Unless that was amended as well to address the issue?



Right now we are in Amnesty and cannot be charged until after the registration deadline. Once registered that is your ticket out of jail.

http://open.nysenate.gov/legislation/bill/s2230-2013
Link Posted: 7/24/2013 6:50:34 AM EST
[#8]



Discussion ForumsJump to Quoted PostQuote History
Quoted:
My concern is exactly that. If they are ALL (including grandfathered?) being re-defined as "Assault Weapons", then where in the law does it state that you are allowed to possess and transport it? Because as far as I know, it is a Class D Felony to transport "Assault Weapons".





 
View Quote




The problem is the definition of "Assault Weapon".  For example, in New York State, possession of "firearms" is illegal.  WTF?  You have to look at the definition of a "firearm".  A "firearm" is an unlicensed handgun, "machine gun", sound suppressor, SBS, SBR and "Assault Weapon" (probably missed a few).  You also have to look at the definition of "Assault Weapon" and the exemptions.  A licensed handgun is NOT a "firearm" and I assume somewhere in the language a registered "Assault Weapon" is not a "firearm"





 
Link Posted: 7/24/2013 11:53:28 AM EST
[#9]
The ambiguity is 100% intentional, it's part of the Stalinist game plan.

Predicted by Ayn Rand (who grew up in the early USSR):

“There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for me to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed or enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt.”

Cuff'em, Danno!
Link Posted: 7/24/2013 5:20:57 PM EST
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

The problem is the definition of "Assault Weapon".  For example, in New York State, possession of "firearms" is illegal.  WTF?  You have to look at the definition of a "firearm".  A "firearm" is an unlicensed handgun, "machine gun", sound suppressor, SBS, SBR and "Assault Weapon" (probably missed a few).  You also have to look at the definition of "Assault Weapon" and the exemptions.  A licensed handgun is NOT a "firearm" and I assume somewhere in the language a registered "Assault Weapon" is not a "firearm"
 
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Quoted:
Quoted:

My concern is exactly that. If they are ALL (including grandfathered?) being re-defined as "Assault Weapons", then where in the law does it state that you are allowed to possess and transport it? Because as far as I know, it is a Class D Felony to transport "Assault Weapons".
 

The problem is the definition of "Assault Weapon".  For example, in New York State, possession of "firearms" is illegal.  WTF?  You have to look at the definition of a "firearm".  A "firearm" is an unlicensed handgun, "machine gun", sound suppressor, SBS, SBR and "Assault Weapon" (probably missed a few).  You also have to look at the definition of "Assault Weapon" and the exemptions.  A licensed handgun is NOT a "firearm" and I assume somewhere in the language a registered "Assault Weapon" is not a "firearm"
 


I've seen a few threads like this, and this seems to be the general assumption. Can anyone find the text within the bill that states that? and by that logic, isn't transporting it now and it not being registered a felony then?
Link Posted: 7/24/2013 6:04:11 PM EST
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


I've seen a few threads like this, and this seems to be the general assumption. Can anyone find the text within the bill that states that? and by that logic, isn't transporting it now and it not being registered a felony then?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:

My concern is exactly that. If they are ALL (including grandfathered?) being re-defined as "Assault Weapons", then where in the law does it state that you are allowed to possess and transport it? Because as far as I know, it is a Class D Felony to transport "Assault Weapons".
 

The problem is the definition of "Assault Weapon".  For example, in New York State, possession of "firearms" is illegal.  WTF?  You have to look at the definition of a "firearm".  A "firearm" is an unlicensed handgun, "machine gun", sound suppressor, SBS, SBR and "Assault Weapon" (probably missed a few).  You also have to look at the definition of "Assault Weapon" and the exemptions.  A licensed handgun is NOT a "firearm" and I assume somewhere in the language a registered "Assault Weapon" is not a "firearm"
 


I've seen a few threads like this, and this seems to be the general assumption. Can anyone find the text within the bill that states that? and by that logic, isn't transporting it now and it not being registered a felony then?


I linked it but I will help with the lazy.....


22.  "Assault  weapon"  means

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

(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;


(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
 fails  to validly register such weapon within such one year period shall
 be given a warning by an appropriate  law  enforcement  authority  about
 such  failure  and  given thirty days in which to apply to register such
 weapon or to surrender it. A failure to apply or surrender  such  weapon
 within  such thirty-day period shall result in such weapon being removed
 by an appropriate law enforcement authority and declared a nuisance.
Link Posted: 7/24/2013 7:28:52 PM EST
[#12]
SAFEFAIL
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