Posted: 3/25/2013 5:33:04 AM EDT
|
Posting from phone so sorry if not formatted perfectly.
here is th budget amendment language. Section 265.37 of the penal law, as added by chapter 1 of the laws of 2013, is amended to read as follows: S 265.37 Unlawful possession of certain ammunition feeding devices. It shall be unlawful for a person to knowingly possess an ammunition feeding device [Previous text regarding possession of pre 1/15/2013 magsof greater then seven but less then ten round capacity struckout ] where such device contains more than seven rounds of ammunition. If such device containing more than seven rounds of ammunition is possessed within the home of the possessor, the person so possessing the device shall, for a first offense, be guilty of a violation and subject to a fine of two hundred dollars, and for [] EACH SUBSEQUENT offense, be guilty of a class B misdemeanor and subject to a fine of two hundred dollars and a term of up to three months imprisonment. If such device containing more than seven rounds of ammunition is possessed in any location other than the home of the possessor, the person so possessing the device shall, for a first offense, be guilty of a class B misdemeanor and subject to a fine of two hundred dollars and a term of up to six months imprisonment, and for [] EACH SUBSE QUENT offense, be guilty of a class A misdemeanor. The bill then suspends paragraphs B and C added by SAFE to Penal law Section 265.23., which among other things, appears to include the C and R magazine provision-confusing as hell... |
|
Quoted:
Quoted:
That's how I'm reading it. It says only load 7 rounds. It makes no mention of what you may or may not insert 7 rounds into. Unlawful possession of a preban 1994/2013 or postban 1994 +10 magazine (LCAFD) isn't going to be amended. Correct- that's how i read it- we can buy up to ten round mags, anything over is still verboten- I am still trying to analyze the part suspending the effective dates of paragraphs B and C of 265.23. b. The amendments to subdivision 23 of section 265.00 of the penal law made by section thirty-eight of this act shall take effect on the nine S. 2607--D 130 A. 3007--D tieth day after this act shall have become a law, except that the amend ments [] DESIGNATING paragraph (a) of subdivision 23 shall take effect immediately; AND PROVIDED FURTHER THAT THE EFFECTIVE DATE OF THE AMENDMENTS ADDING PARAGRAPHS (B) AND (C) TO SUCH SUBDIVISION SHALL BE SUSPENDED AND NOT EFFECTIVE; |
|
Quoted: Who cares? That has nothing to do with the definition of a large capacity ammunition feeding device under 265.00(23). Prohibiting the possession of a 7-10 round ammunition feeding devices also banned the transfer of all center fire rifles, revolvers and shotguns with magazines of 7,8,9 and 10 round capacity after 4-15-2013. |
|
Quoted:
Quoted:
Who cares? That has nothing to do with the definition of a large capacity ammunition feeding device under 265.00(23). Prohibiting the possession of a 7-10 round ammunition feeding devices also banned the transfer of all center fire rifles, revolvers and shotguns with magazines of 7,8,9 and 10 round capacity after 4-15-2013. 265.37 deals with keeping magazines loaded with 8 or more rounds. How does 265.37 or the amendment thereof have any thing to do with the transfer of said rifles, shotguns etc? |
|
Quoted: Quoted: Quoted: Who cares? That has nothing to do with the definition of a large capacity ammunition feeding device under 265.00(23). Prohibiting the possession of a 7-10 round ammunition feeding devices also banned the transfer of all center fire rifles, revolvers and shotguns with magazines of 7,8,9 and 10 round capacity after 4-15-2013. 265.37 deals with keeping magazines loaded with 8 or more rounds. How does 265.37 or the amendment thereof have any thing to do with the transfer of said rifles, shotguns etc? It doesn't. I was referring to 265.00(23). |
|
Quoted: Quoted: Who cares? That has nothing to do with the definition of a large capacity ammunition feeding device under 265.00(23). Prohibiting the possession of a 7-10 round ammunition feeding devices also banned the transfer of all center fire rifles, revolvers and shotguns with magazines of 7,8,9 and 10 round capacity after 4-15-2013. Yep. At least now I can take my time figuring out which mags work best with my brand new 1911.  |
|
Quoted: And these guys are putting together a budget? Where our rights can be abrogated as a line item? This is more f'd up than midnight message of necessity. Where have you been? The legislature can stick in any amendments they want in the budget bill or any other bill for that matter. |
|
link to budget bill go to page 129-130 for the SAFE stuff.
http://www.scribd.com/mobile/doc/132176324?width=1347 |
|
Quoted: link to budget bill go to page 130 for the SAFE stuff. http://www.scribd.com/mobile/doc/132176324?width=1347 http://open.nysenate.gov/legislation/bill/S2607D-2013 |
|
Quoted:
The bill then suspends paragraphs B and C added by SAFE to Penal law Section 265.23., which among other things, appears to include the C and R magazine provision-confusing as hell... You mean there is no C&R exemption for magazines now (as useless as it was)? |
|
Quoted:
Quoted:
The bill then suspends paragraphs B and C added by SAFE to Penal law Section 265.23., which among other things, appears to include the C and R magazine provision-confusing as hell... You mean there is no C&R exemption for magazines now (as useless as it was)? Loose lips sink ships. |
|
Quoted: Quoted: The bill then suspends paragraphs B and C added by SAFE to Penal law Section 265.23., which among other things, appears to include the C and R magazine provision-confusing as hell... You mean there is no C&R exemption for magazines now (as useless as it was)?  The idiots writing these statutes really have no idea what they are doing. * 23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninety-four, that (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. * NB Effective until April 15, 2013 * 23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or (b) contains more than seven rounds of ammunition, or (c) is obtained after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and has a capacity of, or that can be readily restored or converted to accept, more than seven rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is a curio or relic. A feeding device that is a curio or relic is defined as a device that (i) was manufactured at least fifty years prior to the current date, (ii) is only capable of being used exclusively in a firearm, rifle, or shotgun that was manufactured at least fifty years prior to the current date, but not including replicas thereof, (iii) is possessed by an individual who is not prohibited by state or federal law from possessing a firearm and (iv) is registered with the division of state police pursuant to subdivision sixteen-a of section 400.00 of this chapter, except such feeding devices transferred into the state may be registered at any time, provided they are registered within thirty days of their transfer into the state. Notwithstanding paragraph (h) of subdivision twenty-two of this section, such feeding devices may be transferred provided that such transfer shall be subject to the provisions of section 400.03 of this chapter including the check required to be conducted pursuant to such section. * NB Effective April 15, 2013 |
|
Quoted:
Quoted:
Quoted:
Quoted:
Who cares? That has nothing to do with the definition of a large capacity ammunition feeding device under 265.00(23). Prohibiting the possession of a 7-10 round ammunition feeding devices also banned the transfer of all center fire rifles, revolvers and shotguns with magazines of 7,8,9 and 10 round capacity after 4-15-2013. 265.37 deals with keeping magazines loaded with 8 or more rounds. How does 265.37 or the amendment thereof have any thing to do with the transfer of said rifles, shotguns etc? It doesn't. I was referring to 265.00(23). And I was referring to the OP quoting the changes to 265.37 and not 265.00(23). |
|
Quoted: Quoted: The bill then suspends paragraphs B and C added by SAFE to Penal law Section 265.23., which among other things, appears to include the C and R magazine provision-confusing as hell... You mean there is no C&R exemption for magazines now (as useless as it was)? The .22 tube mag exemption is also gone. |
So you're saying "paragraph C" doesn't end at the "; provided"?
|
|
It's not written that way-paragraphs don't end in semicolons or commas.
the intent of the 22 tube and C and R language was to modify the section A definition and it should have been either put in section A or clearly set apart to do that. Poor draftsmenship apparently lumped it into paragraph C. |
|
Quoted:
Same circus with a different troupe of clowns running the show. http://www.ar15.com/media/viewFile.html?i=10812  
I really hate clowns. |
|
Quoted:
Quoted:
Quoted:
The bill then suspends paragraphs B and C added by SAFE to Penal law Section 265.23., which among other things, appears to include the C and R magazine provision-confusing as hell... You mean there is no C&R exemption for magazines now (as useless as it was)? The idiots writing these statutes really have no idea what they are doing.
* 23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or (b) contains more than seven rounds of ammunition, * NB Effective April 15, 2013 Would that not then make my kitchen rubbish bin a LCAFD? I'll bet it can hold thousands of rounds. |
|
Quoted:
Quoted:
Quoted:
Quoted:
The bill then suspends paragraphs B and C added by SAFE to Penal law Section 265.23., which among other things, appears to include the C and R magazine provision-confusing as hell... You mean there is no C&R exemption for magazines now (as useless as it was)? The idiots writing these statutes really have no idea what they are doing.
* 23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or (b) contains more than seven rounds of ammunition, * NB Effective April 15, 2013 Would that not then make my kitchen rubbish bin a LCAFD? I'll bet it can hold thousands of rounds. it makes pretty much every mag with a removable base plate a LCAFD since you readily convert it with a new +3 or whatever base plate. |
|
Quoted:
iv had realy good luck with act mags...my colt came with 1 and i 1 maore they rock
Quoted:
Quoted:
Who cares? That has nothing to do with the definition of a large capacity ammunition feeding device under 265.00(23). Prohibiting the possession of a 7-10 round ammunition feeding devices also banned the transfer of all center fire rifles, revolvers and shotguns with magazines of 7,8,9 and 10 round capacity after 4-15-2013. Yep. At least now I can take my time figuring out which mags work best with my brand new 1911. |
|
Quote:
23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or (b) contains more than seven rounds of ammunition, or (c) is obtained after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and has a capacity of, or that can be readily restored or converted to accept, more than seven rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is a curio or relic.... Does this mean we are not required to sell our preban (Sept. '94)mags? |
|
Quoted: Quote: 23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or (b) contains more than seven rounds of ammunition, or (c) is obtained after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and has a capacity of, or that can be readily restored or converted to accept, more than seven rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is a curio or relic.... Does this mean we are not required to sell our preban (Sept. '94)mags? No. That is the section of the statute that prohibited the purchase of +7 magazines/ammunition feeding devices after 04-15-2013. You have until 01-15-2014 to dispose of your preban +10 magazines/ammunition feeding devices or permanently modify/block them to 10 rounds or less. ETA: Corrected typo date to dispose of preban mags. |
|
Quoted:
. You have until 04-15-2014 to dispose of your preban +10 magazines/ammunition feeding devices or permanently modify/block them to 10 rounds or less. OK, color me stupid, as I am so confused having read too much. I thought the possession ban date on 11+ round mags was 4-15-13 (next month) not a year from now. |
|
Quoted: Quoted: . You have until 01-15-2014 to dispose of your preban +10 magazines/ammunition feeding devices or permanently modify/block them to 10 rounds or less. ETA: Corrected typo date to dispose of preban mags. OK, color me stupid, as I am so confused having read too much. I thought the possession ban date on 11+ round mags was 4-15-13 (next month) not a year from now. 04-15-13 was the original cut-off date to purchase 8-10 round mags which will no longer be in effect when the SAFE Act budget bill amendments are enacted into law. The restriction on loading more than 7 rounds in an ammunition feeding device goes into effect on 04-15-13 regardless of the capacity of the magazine "unless you are at an incorporated firing range or competition recognized by the National Rifle Association or International Handgun Metallic Silhouette Association, in which case the limit is ten". http://www.governor.ny.gov/2013/gun-reforms-faq Q: What if I have a magazine that can contain more than ten rounds? A: You can permanently modify the magazine so that it holds no more than ten rounds, responsibly discard it, or sell it to a dealer or an out of state purchaser by January 15, 2014. Q: How many rounds can I put in my magazine today? A: Ten. Starting on April 15, 2013, you are limited to putting in seven rounds, unless you are at an incorporated firing range or competition recognized by the National Rifle Association or International Handgun Metallic Silhouette Association, in which case the limit is ten. |
|
Quoted: So what exactly is an "Incorporated range"? You get to put the "Inc" in the entity name  by filing a certificate of incorporation (usually a domestic not-for-profit corporation) with the NYS Dept. of State. You can look up the NYS database to see if your gun, sporting, hunting club, range etc. is incorporated. http://www.dos.ny.gov/corps/bus_entity_search.html |
|
Ok, I've got to show my ignorance here.....
I though this was the deal with this shitty law since day one. "Get rid of your larger mags, load only seven rounds in your ten rounders, go wild and load ten rounds at the range" What has changed? I'd better go back and reread all of this. |
|
Quoted: "Get rid of your larger mags, load only seven rounds in your ten rounders, go wild and load ten rounds at the range" What has changed? The restriction on purchasing 8-10 round mags/guns set to go into effect on 04-15-2013 will no longer be in effect when the Safe Act amendments in the 2013 budget bill are enacted into law over the next few days. |
|
Quoted:
Quoted:
"Get rid of your larger mags, load only seven rounds in your ten rounders, go wild and load ten rounds at the range" What has changed? The restriction on purchasing 8-10 round mags/guns set to go into effect on 04-15-2013 will no longer be in effect when the Safe Act amendments in the 2013 budget bill are enacted into law over the next few days. Thank you, you're right. I forgot that bit. |