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Posted: 12/17/2005 6:17:19 AM EDT
Sheldon Silver's new gun bill A-9083 isn't available yet. This is what was in A-2345:

1. The Superintendent of State Police shall develop programs designed to stop straw purchases and stop illegal sales.
2. Firearm dealers must carry at least $1 million in insurance in case the buyer misuses a firearm. Dealers are liable.
3. Firearm dealers must keep their guns & ammo locked up.
4. Persons under 18 not allowed in gun stores unless accompanied by an adult.
5. Gun dealers must be trained to spot straw purchasers.
6. Dealers must do NICs checks.
7. Dealers must put stickers on cases saying guns should be locked up when not in use.
8. Dealers must keep records of all sales.
9. Dealers must do regular inventory of firearms.
10. Dealers must cooperate with police.
11. Dealers must report straw buyers.
12. A person is guilty of criminal possession of a weapon in the first degree when they posses 10 or more firearms (legally or not) and the penalty is a class B felony.
Link Posted: 12/17/2005 6:50:34 AM EDT
Where are you getting this info from? The words "legally or not" is not in any version of either bill I can find.

Bill A-9093 is available here: public.leginfo.state.ny.us/menugetf.cgi
Link Posted: 12/17/2005 6:51:31 AM EDT
saw that in the email newsletter I got today
I'm over 10 already
Link Posted: 12/17/2005 6:57:07 AM EDT
For #12, that would have to be 10 or more unlicensed pistols, or machineguns or other forbidden weapons. Licensed pistols and rifle and shotguns wouldn't count.
Link Posted: 12/17/2005 6:57:37 AM EDT
[Last Edit: 12/17/2005 7:01:37 AM EDT by rkbar15]
Newsletter from whom?

ETA: Never mind, the newsletter is from the NYSRPA.
Link Posted: 12/17/2005 7:13:23 AM EDT
Rkbra15...

Like said above a e-mail. What you think does it only mean unregistered firearms?
Link Posted: 12/17/2005 7:25:36 AM EDT

Originally Posted By edpmedic:
Rkbra15...

Like said above a e-mail. What you think does it only mean unregistered firearms?



Yes. It's no different then the current law except for the number of illegally possessed handguns. In any case there is no law that will prevent a criminal from obtaining or using a handgun while committing a criminal act.
Link Posted: 12/17/2005 7:45:25 AM EDT
Just so you know, PaSlacky wants that to be 3 firearms, not 10.
Link Posted: 12/17/2005 8:42:51 AM EDT
Text of Dec. 16 Pataki press release.

GOVERNOR CALLS SPECIAL SESSION ON CRUCIAL CRIMINAL JUSTICE ISSUES

Calls Legislature Back into Session to Vote on Crucial Criminal Justice Issues That Would Protect Our Police Officers and Help to Curb Gun Violence

Governor George E. Pataki today announced he has called the Legislature into Special Session to vote on issues critical to keeping police officers safe and getting illegal guns off our streets. He has called the Senate and Assembly into session on Wednesday, December 21st.

The Governor will send to the Legislature two pieces of legislation: his Illegal Gun Trafficking Bill, which addresses several weaknesses in current law regarding the sale of illegal guns, and his Crimes Against Law Enforcement Officers Bill, which focuses on increasing penalties on those who seek to injure or kill police officers – up to and including the Death Penalty.

“We have been in discussions with the Senate and Assembly regarding our common-sense proposals that would further protect the brave men and women who wake up each morning and protect our children and families, and make our streets safer,” Governor Pataki said. “I am hopeful that, working together, we can get more illegal guns off the streets, and ensure those who injure or kill our police officers face the maximum penalties.

“All New Yorkers mourn the loss of New York City Police Officers Dillon Stewart and Daniel Enchautegui. Their tragic deaths over the past few weeks underscore the need to vote on and pass this critical legislation. We can not wait.”

The Illegal Firearms (Anti-Gun Trafficking) Bill:

Criminal Sale of Firearms

· The criminal sale of a weapon offenses are graded in the Penal Law by three degrees ranging in seriousness from a Class D felony to a Class B felony. The illegal sale of a single firearm is a Class D non-violent felony [Penal Law §265.11]; the illegal sale of 10 or more firearms is a Class C violent felony offense [Penal Law §265.12]; and the illegal sale of 20 or more firearms is a Class B violent felony offense [Penal Law §265.13].

· The Governor’s proposal would amend these provisions by (1) classifying the Class D felony offense of the illegal sale of even one firearm as a violent felony offense; (2) punishing as a Class C violent felony the illegal sale of 5 or more firearms; and (3) punishing as a Class B violent felony the illegal sale of 10 or more firearms.

Criminal Possession of Multiple Firearms

· Under current law, the criminal possession of a weapon is penalized by four offenses which range in seriousness from a Class A misdemeanor to a Class B felony. With respect to the illegal possession of multiple firearms, the Penal Law does not include similar gradations. The Penal Law [Penal Law 265.02(5)] sanctions the illegal possession of 20 or more firearms as a Class D violent felony offense punishable by a minimum determinate sentence of 2 years and a maximum of 7 years. An offender who possesses 19 or fewer firearms can be charged only with a mere Class A misdemeanor, punishable by up to a year in jail.

· The Governor’s proposal would strengthen existing law by: 1) reducing from 20 to 3 the number of firearms required to be possessed for the Class D violent felony offense; 2) creating a new Class C violent felony offense for the illegal possession of 5 or more firearms [carrying a determinate sentence of at least 3 ½ years and up to 15 years]; and (3) creating a new Class B violent felony offense for the illegal possession of 10 or more firearms [carrying a determinate sentence of at least 5 years or up to 25 years].

Closing the Loophole

· In addition, the Governor’s proposal recognizes the fact that gun traffickers often evade the strict felony penalties for multiple illegal sales by intentionally restricting the number of firearms that they sell in a single transaction.

· This measure amends the law to eliminate this loophole by augmenting the “single transaction” standard with a one year rule. For example, under current law, a gun trafficker who illegally sells one gun each month over the course of a year could only be charged with a D non-violent felony for each of those transactions. Under the Governor’s proposal, the trafficker would be charged with a B violent felony offense.

The Crimes Against Law Enforcement Bill

The Governor’s proposal would increase penalties for crimes committed against a police officer.

· Murder 1 of a Police Officer, Peace Officer or Corrections Employee: The Governor’s proposal would fix the jury charge for Murder 1 charges where victim is a police, peace or corrections employee, thereby making such murderers eligible for the Death Penalty. When the Death Penalty is not imposed, and the sentencing judge does not opt for Life Without Parole, current law allows for a sentence of life, with a minimum of 20 - 25 years. Governor Pataki’s proposal would increase such minimum to 35 – 40 years.

· Attempted Murder 1 of a Police Officer, Peace Officer or Corrections Employee: Current law allows for a sentence of life, with a minimum of 15 - 25 years. Governor Pataki’s proposal would increase such minimum to 30 – 40 years.

· Aggravated Assault of a Police Officer/Peace Officer: A B Violent Felony. Requires serious physical injury caused by a deadly weapon or dangerous instrument. Current law allows for a determinate sentence of between 5 - 25 years. Governor Pataki’s proposal would increase to between 20 - 40 years.

· Attempted Aggravated Assault of a Police Officer/Peace Officer: A C violent felony. Current law allows for a determinate sentence of between 3 1/2 - 15 years. The Governor’s proposal would increase to between 10 - 20 years.

· Aggravated Menacing of a Police Officer/Peace Officer: The Governor’s proposal creates a new crime, same as existing Menacing 2 involving weapon or dangerous instrument, but against a Police/Peace Officer with a determinate sentence of between 5 - 10 years. A D Violent Felony. Current law charges as an A misdemeanor w/ maximum sentence of up to 1 year.

· Assault on Police Officer/Peace Officer -- A C Violent Felony. Requires serious physical injury resulting from attempt to prevent officer performing lawful duty. Current law allows for a determinate sentence of between 3 1/2 - 15 years. The Governor’s proposal would increase to between 10 - 20 years.

· Attempted Assault on Police/Peace Officer: A D Violent Felony. Current law allows for a determinate sentence of between 2 - 7 years. The Governor’s Proposal would increase to between 5 - 10 years.

· Assault 2 (against a Police/Peace Officer): A D Violent Felony. Requires physical injury resulting from attempt to prevent officer performing lawful duty: Current law allows for a determinate sentence of between 2 - 7 years. The Governor’s Proposal would increase to between 5 - 10 years.

· Attempted Assault 2 (against a Police/Peace Officer): An E Violent Felony. Current law allows for a determinate sentence of between 1 1/2 – 4 years. The Governor’s proposal would increase to between 2 1/2 - 5 years.

· Manslaughter 2: The Governor’s proposal would add new subsection for defendant who, in an attempt to prevent officer performing lawful duty, acts with criminal negligence and causes death of a police/peace officer. An E felony, not a Violent Felony Offense under current law with a maximum sentence of 1 1/3 – 4. The Governor’s Proposal would make it a C ViolentFelony, and would increase to between 10 - 20 years.

· Criminal Possession of a Weapon 3 (armor piercing ammunition): Under existing law, an A misdemeanor w/ maximum sentence of up to 1 year. The Governor’s proposal would make it a D Violent Felony, and would increase sentence to between 5 - 10 years.
Link Posted: 12/17/2005 12:23:24 PM EDT
So whats with Silvers A-9083..It says isn't available yet.

Is this going to be submitted or added to Pricktakies bill?
Link Posted: 12/17/2005 3:09:10 PM EDT
Search on the above link with A9083 and check the "text" box. The bill is there. The Silver bill is a horrible bill and is more about putting small gun shops out of business then anything to do with criminals getting firearms. It is legal in NY for 16 year old to possess a long gun while hunting and at a range but Silver's bill would make it illegal for him/her to go into a gun shop unless accompanied by an adult. It would also close down gun sales in stores like Wal*Mart unless they had a closed off area set aside in the store. Silver has stuck pieces of his other failed antigun bills and rolled it into this bill.

I suggest on Monday that everyone start calling Brunos Senate office and their State Senator/Assemblypersons to voice your opposition to Assembly Bill A-9083.
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