NY .50 Ban! And not just the BMG!

[ARCHIVED THREAD] - NY .50 Ban! And not just the BMG!

Posted: 5/17/2005 9:05:10 PM EDT

This was posted in the Armory section.

This is COMPLETE BS!

If this passes, you guys will have to turn in your guns...

UnConstitutional laws here!

4471

2005-2006 Regular Sessions

I N A S S E M B L Y

February 10, 2005
___________

Introduced by M. of A. EDDINGTON, BING, LIFTON, BRADLEY, RAMOS, LAVELLE
-- Multi-Sponsored by -- M. of A. CARROZZA, CLARK, R. DIAZ, DINOWITZ,
ENGLEBRIGHT, GLICK, GREENE, HOYT, JOHN, KOON, ORTIZ, PAULIN, PEOPLES,
PERRY, PHEFFER, SANDERS, SCARBOROUGH, STRINGER, WEINSTEIN, WEISENBERG
-- read once and referred to the Committee on Codes

AN ACT to amend the penal law and the executive law, in relation to
banning the sale, possession or use of 50-caliber weapons

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. Legislative findings and declaration. The legislature here-
2 by finds and declares that 50-caliber or larger weapons having the
3 capacity for rapidly discharging ammunition have no acceptable purpose.
4 The legislature additionally finds and declares that such weapons pose
5 such an imminent threat and danger to the safety and security of the
6 people of this state that it is necessary to ban the possession and use
7 of such weapons.
8 S 2. Subdivisions 8 and 9 of section 265.00 of the penal law, as
9 amended by chapter 189 of the laws of 2000, are amended to read as
10 follows:
11 8. "Gunsmith" means any person, firm, partnership, corporation or
12 company who engages in the business of repairing, altering, assembling,
13 manufacturing, cleaning, polishing, engraving or trueing, or who
14 performs any mechanical operation on, any firearm, large capacity ammu-
15 nition feeding device, 50-CALIBER WEAPON or machine-gun.
16 9. "Dealer in firearms" means any person, firm, partnership, corpo-
17 ration or company who engages in the business of purchasing, selling,
18 keeping for sale, loaning, leasing, or in any manner disposing of, any
19 assault weapon, large capacity ammunition feeding device, 50-CALIBER
20 WEAPON, pistol or revolver.
21 S 3. Section 265.00 of the penal law is amended by adding a new subdi-
22 vision 24 to read as follows:

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08545-02-5

A. 4471 2

1 24. "50-CALIBER WEAPON" MEANS A RIFLE CAPABLE OF FIRING A CENTER-FIRE
2 CARTRIDGE IN 50-CALIBER OR LARGER, .50 BMG CALIBER OR LARGER, ANY OTHER
3 VARIANT OF 50-CALIBER OR LARGER, OR ANY OTHER METRIC EQUIVALENT OF SUCH
4 CALIBER, PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE
5 CONSTRUED TO INCLUDE ANY MUZZLE LOADING RIFLE WHICH IS DESIGNED TO USE
6 BLACK POWDER, OR A BLACK POWDER SUBSTITUTE, AND WHICH CANNOT USE FIXED
7 AMMUNITION.
8 S 4. Subdivision 3 of section 265.02 of the penal law, as amended by
9 chapter 695 of the laws of 1987, is amended to read as follows:
10 (3) He knowingly has in his possession a machine-gun, A 50-CALIBER
11 WEAPON, firearm, rifle or shotgun which has been defaced for the purpose
12 of concealment or prevention of the detection of a crime or misrepre-
13 senting the identity of such machine-gun, 50-CALIBER WEAPON, firearm,
14 rifle or shotgun; or
15 S 5. Section 265.02 of the penal law is amended by adding a new subdi-
16 vision 9 to read as follows:
17 (9) HE POSSESSES ANY 50-CALIBER WEAPON.
18 S 6. Section 265.03 of the penal law, as added by chapter 1041 of the
19 laws of 1974, the opening paragraph and subdivisions 1, 2 and 3 as
20 amended by chapter 378 of the laws of 1998, is amended to read as
21 follows:
22 S 265.03 Criminal possession of a DANGEROUS weapon in the second degree.
23 A person is guilty of criminal possession of a DANGEROUS weapon in the
24 second degree when{, with intent to use the same unlawfully against
25 another}:
26 (1) He possesses a machine-gun; or
27 (2) He possesses A 50-CALIBER WEAPON OR a loaded firearm WITH INTENT
28 TO USE THE SAME UNLAWFULLY AGAINST ANOTHER; or
29 (3) He possesses a disguised gun WITH INTENT TO USE THE SAME UNLAW-
30 FULLY AGAINST ANOTHER.
31 Criminal possession of a DANGEROUS weapon in the second degree is a
32 class C felony.
33 S 7. The penal law is amended by adding two new sections 265.45 and
34 265.46 to read as follows:
35 S 265.45 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND DEGREE.
36 1. A PERSON IS GUILTY OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE
37 SECOND DEGREE WHEN HE COMMITS ANY CLASS C VIOLENT FELONY OFFENSE AS
38 DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 70.02 OF THIS
39 CHAPTER AND HE USES A 50-CALIBER WEAPON, AS DEFINED IN SUBDIVISION TWEN-
40 TY-FOUR OF SECTION 265.00 OF THIS ARTICLE, IF THE 50-CALIBER WEAPON IS A
41 LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READILY CAPABLE OF PRODUCING
42 DEATH OR OTHER SERIOUS INJURY MAY BE DISCHARGED.
43 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A
44 PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE SECOND
45 DEGREE AS DEFINED IN SUBDIVISION ONE OF THIS SECTION THE COURT SHALL
46 IMPOSE AN ADDITIONAL CONSECUTIVE TERM OF FIVE YEARS TO THE MINIMUM TERM
47 OF THE INDETERMINATE SENTENCE OR TERM OF THE DETERMINATE SENTENCE
48 IMPOSED ON THE UNDERLYING CLASS C VIOLENT FELONY CONVICTION. NOTWITH-
49 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE AGGREGATE OF
50 THE FIVE YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS SUBDIVISION AND
51 THE MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE UNDERLYING
52 CLASS C VIOLENT FELONY CONVICTION SHALL CONSTITUTE THE NEW AGGREGATE
53 MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT SUBJECT TO SUCH TERM SHALL
54 BE REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM TERM AND SHALL NOT BE
55 ELIGIBLE FOR RELEASE ON PAROLE OR OTHER DISCRETIONARY RELEASE DURING
56 SUCH TERM.

A. 4471 3

1 S 265.46 CRIMINAL USE OF A 50-CALIBER WEAPON IN THE FIRST DEGREE.
2 1. A PERSON IS GUILTY OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE
3 FIRST DEGREE WHEN HE COMMITS ANY CLASS A FELONY OFFENSE CONSTITUTING
4 MURDER, KIDNAPPING, ARSON, CONSPIRACY OR SALE OF A CONTROLLED SUBSTANCE
5 OR ATTEMPTS TO COMMIT ANY SUCH CLASS A FELONY WHERE SUCH ATTEMPT ALSO
6 CONSTITUTES A CLASS A FELONY, OR ANY CLASS B VIOLENT FELONY OFFENSE AS
7 DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.02 OF THIS
8 CHAPTER AND HE USES A 50-CALIBER WEAPON, AS DEFINED IN SUBDIVISION TWEN-
9 TY-FOUR OF SECTION 265.00 OF THIS ARTICLE, IF THE 50-CALIBER WEAPON IS A
10 LOADED 50-CALIBER WEAPON FROM WHICH A SHOT, READILY CAPABLE OF PRODUCING
11 DEATH OR OTHER SERIOUS INJURY MAY BE DISCHARGED.
12 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A
13 PERSON IS CONVICTED OF CRIMINAL USE OF A 50-CALIBER WEAPON IN THE FIRST
14 DEGREE AS DEFINED IN SUBDIVISION ONE OF THIS SECTION THE COURT SHALL
15 IMPOSE AN ADDITIONAL CONSECUTIVE TERM OF TEN YEARS TO THE MINIMUM TERM
16 OF THE INDETERMINATE SENTENCE OR TERM OF THE DETERMINATE SENTENCE
17 IMPOSED ON THE UNDERLYING CLASS A OR CLASS B VIOLENT FELONY CONVICTION.
18 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE AGGRE-
19 GATE OF THE TEN YEAR CONSECUTIVE TERM IMPOSED PURSUANT TO THIS SUBDIVI-
20 SION AND THE MINIMUM TERM OF AN INDETERMINATE SENTENCE IMPOSED ON THE
21 UNDERLYING CLASS A OR CLASS B VIOLENT FELONY CONVICTION SHALL CONSTITUTE
22 THE NEW AGGREGATE MINIMUM TERM OF IMPRISONMENT, AND A DEFENDANT SUBJECT
23 TO SUCH TERM SHALL BE REQUIRED TO SERVE THE ENTIRE AGGREGATE MINIMUM
24 TERM AND SHALL NOT BE ELIGIBLE FOR RELEASE ON PAROLE OR OTHER DISCRE-
25 TIONARY RELEASE DURING SUCH TERM.
26 S 8. Subdivision 2 of section 265.08 of the penal law, as added by
27 chapter 233 of the laws of 1980, is amended to read as follows:
28 (2) displays what appears to be a pistol, revolver, rifle, shotgun,
29 50-CALIBER WEAPON, machine gun or other firearm.
30 S 9. Paragraph (b) of subdivision 1 of section 265.09 of the penal
31 law, as amended by chapter 650 of the laws of 1996, is amended to read
32 as follows:
33 (b) displays what appears to be a pistol, revolver, rifle, shotgun,
34 50-CALIBER WEAPON, machine gun or other firearm.
35 S 10. Subdivisions 2, 3 and 6 of section 265.10 of the penal law, as
36 amended by chapter 189 of the laws of 2000, are amended to read as
37 follows:
38 2. Any person who transports or ships any machine-gun, 50-CALIBER
39 WEAPON, firearm silencer, assault weapon or large capacity ammunition
40 feeding device or disguised gun, or who transports or ships as merchan-
41 dise five or more firearms, is guilty of a class D felony. Any person
42 who transports or ships as merchandise any firearm, other than an
43 assault weapon, switchblade knife, gravity knife, pilum ballistic knife,
44 billy, blackjack, bludgeon, metal knuckles, Kung Fu star, chuka stick,
45 sandbag or slungshot is guilty of a class A misdemeanor.
46 3. Any person who disposes of any machine-gun, assault weapon, large
47 capacity ammunition feeding device, 50-CALIBER WEAPON or firearm silenc-
48 er is guilty of a class D felony. Any person who knowingly buys,
49 receives, disposes of, or conceals a machine-gun, 50-CALIBER WEAPON,
50 firearm, large capacity ammunition feeding device, rifle or shotgun
51 which has been defaced for the purpose of concealment or prevention of
52 the detection of a crime or misrepresenting the identity of such
53 machine-gun, 50-CALIBER WEAPON, firearm, large capacity ammunition feed-
54 ing device, rifle or shotgun is guilty of a class D felony.

A. 4471 4

1 6. Any person who wilfully defaces any machine-gun, large capacity
2 ammunition feeding device, 50-CALIBER WEAPON or firearm is guilty of a
3 class D felony.
4 S 11. Subdivisions 1 and 5 of section 265.15 of the penal law, subdi-
5 vision 5 as amended by chapter 695 of the laws of 1987, are amended to
6 read as follows:
7 1. The presence in any room, dwelling, structure or vehicle of any
8 machine-gun OR 50-CALIBER WEAPON is presumptive evidence of its unlawful
9 possession by all persons occupying the place where such machine-gun OR
10 50-CALIBER WEAPON is found.
11 5. The possession by any person of a defaced machine-gun, 50-CALIBER
12 WEAPON, firearm, rifle or shotgun is presumptive evidence that such
13 person defaced the same.
14 S 12. Paragraph 2 of subdivision a of section 265.20 of the penal law,
15 as amended by chapter 189 of the laws of 2000, is amended to read as
16 follows:
17 2. Possession of a machine-gun, large capacity ammunition feeding
18 device, 50-CALIBER WEAPON, firearm, switchblade knife, gravity knife,
19 pilum ballistic knife, billy or blackjack by a warden, superintendent,
20 headkeeper or deputy of a state prison, penitentiary, workhouse, county
21 jail or other institution for the detention of persons convicted or
22 accused of crime or detained as witnesses in criminal cases, in pursuit
23 of official duty or when duly authorized by regulation or order to
24 possess the same.
25 S 13. Paragraph 8 of subdivision a of section 265.20 of the penal law,
26 as amended by chapter 189 of the laws of 2000, is amended to read as
27 follows:
28 8. The manufacturer of machine-guns, assault weapons, large capacity
29 ammunition feeding devices, 50-CALIBER WEAPONS, disguised guns, pilum
30 ballistic knives, switchblade or gravity knives, billies or blackjacks
31 as merchandise and the disposal and shipment thereof direct to a regu-
32 larly constituted or appointed state or municipal police department,
33 sheriff, policeman or other peace officer, or to a state prison, peni-
34 tentiary, workhouse, county jail or other institution for the detention
35 of persons convicted or accused of crime or held as witnesses in crimi-
36 nal cases, or to the military service of this state or of the United
37 States.
38 S 14. Section 265.20 of the penal law is amended by adding a new
39 subdivision d to read as follows:
40 D. THE TERMS "PISTOL," "REVOLVER," "RIFLE," AND "SHOTGUN" AS USED IN
41 PARAGRAPHS THREE THROUGH FIVE, SEVEN THROUGH SEVEN-B, TWELVE, THIRTEEN
42 AND THIRTEEN-A OF SUBDIVISION A OF THIS SECTION SHALL NOT INCLUDE A
43 50-CALIBER WEAPON AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
44 265.00 OF THIS ARTICLE.
45 S 15. Section 265.11 of the penal law, as amended by chapter 310 of
46 the laws of 1995, subdivision 1 as amended by chapter 189 of the laws of
47 2000 and the closing paragraph as amended by chapter 654 of the laws of
48 1998, is amended to read as follows:
49 S 265.11 Criminal sale of a firearm OR 50-CALIBER WEAPON in the third
50 degree.
51 A person is guilty of criminal sale of a firearm OR 50-CALIBER WEAPON
52 in the third degree when he is not authorized pursuant to law to possess
53 a firearm OR 50-CALIBER WEAPON and he unlawfully either:
54 (1) sells, exchanges, gives or disposes of a firearm {or}, large
55 capacity ammunition feeding device OR 50-CALIBER WEAPON to another
56 person; or

A. 4471 5

1 (2) possesses a firearm OR 50-CALIBER WEAPON with the intent to sell
2 it.
3 Criminal sale of a firearm OR 50-CALIBER WEAPON in the third degree is
4 a class D felony.
5 S 16. Section 265.12 of the penal law, as amended by chapter 496 of
6 the laws of 1991 and the closing paragraph as amended by chapter 654 of
7 the laws of 1998, is amended to read as follows:
8 S 265.12 Criminal sale of a firearm OR 50-CALIBER WEAPON in the second
9 degree.
10 A person is guilty of criminal sale of a firearm OR 50-CALIBER WEAPON
11 in the second degree when he unlawfully sells, exchanges, gives or
12 disposes of to another ten or more firearms OR 50-CALIBER WEAPONS.
13 Criminal sale of a firearm OR 50-CALIBER WEAPON in the second degree
14 is a class C felony.
15 S 17. Section 265.14 of the penal law, as added by chapter 175 of the
16 laws of 1991 and the closing paragraph as amended by chapter 654 of the
17 laws of 1998, is amended to read as follows:
18 S 265.14 Criminal sale of a firearm OR 50-CALIBER WEAPON with the aid of
19 a minor.
20 A person over the age of eighteen years of age is guilty of criminal
21 sale of a {weapon} FIREARM OR 50-CALIBER WEAPON with the aid of a minor
22 when a person under sixteen years of age knowingly and unlawfully sells,
23 exchanges, gives or disposes of a firearm OR 50-CALIBER WEAPON in
24 violation of this article, and such person over the age of eighteen
25 years of age, acting with the mental culpability required for the
26 commission thereof, solicits, requests, commands, importunes or inten-
27 tionally aids such person under sixteen years of age to engage in such
28 conduct.
29 Criminal sale of a firearm OR 50-CALIBER WEAPON with the aid of a
30 minor is a class C felony.
31 S 18. Section 265.13 of the penal law, as added by chapter 496 of the
32 laws of 1991 and the closing paragraph as amended by chapter 654 of the
33 laws of 1998, is amended to read as follows:
34 S 265.13 Criminal sale of a firearm OR 50-CALIBER WEAPON in the first
35 degree.
36 A person is guilty of a criminal sale of a firearm OR 50-CALIBER WEAP-
37 ON in the first degree when he unlawfully sells, exchanges, gives or
38 disposes of to another twenty or more firearms.
39 Criminal sale of a firearm OR 50-CALIBER WEAPON in the first degree is
40 a class B felony.
41 S 19. Section 265.16 of the penal law, as added by chapter 600 of the
42 laws of 1992 and the closing paragraph as amended by chapter 654 of the
43 laws of 1998, is amended to read as follows:
44 S 265.16 Criminal sale of a firearm OR 50-CALIBER WEAPON to a minor.
45 A person is guilty of criminal sale of a firearm OR 50-CALIBER WEAPON
46 to a minor when he is not authorized pursuant to law to possess a
47 firearm OR 50-CALIBER WEAPON and he unlawfully sells, exchanges, gives
48 or disposes of a firearm OR 50-CALIBER WEAPON to another person who is
49 or reasonably appears to be less than nineteen years of age who is not
50 licensed pursuant to law to possess a firearm OR 50-CALIBER WEAPON.
51 Criminal sale of a firearm OR 50-CALIBER WEAPON to a minor is a class
52 C felony.
53 S 20. The opening paragraph of subdivision 1 of section 55.05 of the
54 penal law, as amended by chapter 276 of the laws of 1973, is amended to
55 read as follows:

A. 4471 6

1 {Felonies} EXCEPT FOR THE FELONIES DEFINED IN SECTIONS 265.45 AND
2 265.46 OF THIS CHAPTER, FELONIES are classified, for the purpose of
3 sentence, into five categories as follows:
4 S 21. Paragraph (a) of subdivision 1 of section 55.10 of the penal
5 law, as amended by chapter 276 of the laws of 1973, is amended to read
6 as follows:
7 (a) {The} EXCEPT FOR THE FELONIES DEFINED IN SECTIONS 265.45 AND
8 265.46 OF THIS CHAPTER, THE particular classification or subclassifica-
9 tion of each felony defined in this chapter is expressly designated in
10 the section or article defining it.
11 S 22. The executive law is amended by adding a new section 231 to read
12 as follows:
13 S 231. COMPLIANCE WITH THE BAN ON THE SALE, POSSESSION OR USE OF
14 50-CALIBER WEAPONS. 1. FROM WITHIN AMOUNTS APPROPRIATED THEREFORE, THE
15 DIVISION OF STATE POLICE SHALL TAKE SUCH ACTION AS IS NECESSARY TO
16 IMPLEMENT A PROGRAM WHEREBY PERSONS, INCLUDING DEALERS OF FIREARMS, IN
17 LAWFUL POSSESSION OF 50-CALIBER WEAPONS MAY BRING THEMSELVES INTO
18 COMPLIANCE WITH THE PROVISIONS OF THE PENAL LAW WHICH BANS THE SALE,
19 POSSESSION OR USE OF SUCH WEAPONS.
20 2. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, ANY
21 LICENSED FIREARM DEALER WHO HAS IN HIS OR HER POSSESSION A NEW 50-CALI-
22 BER WEAPON SHALL BE ENTITLED TO RETURN SUCH WEAPON TO THE DISTRIBUTOR OR
23 MANUFACTURER, AND SHALL BE ENTITLED TO A FULL REFUND, OR CREDIT, IN AN
24 AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH WEAPON. IN ANY CASE WHERE A
25 DISTRIBUTOR OR MANUFACTURER FAILS OR REFUSES TO SO REFUND OR CREDIT SUCH
26 DEALER, THE DEALER SHALL NOTIFY THE DIVISION OF STATE POLICE, AND IT
27 SHALL IMMEDIATELY NOTIFY THE ATTORNEY GENERAL SO THAT HE OR SHE MAY
28 INTERCEDE AND TAKE SUCH ACTIONS ON BEHALF OF THE DEALER TO SECURE SUCH
29 REFUND OR CREDIT.
30 3. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, ANY
31 PERSON, INCLUDING A LICENSED FIREARM DEALER, WHO HAS IN HIS OR HER LEGAL
32 POSSESSION A USED 50-CALIBER WEAPON SHALL PERSONALLY DELIVER SUCH WEAPON
33 TO THE DIVISION OF STATE POLICE, AND UPON TRANSFERRING OWNERSHIP AND
34 POSSESSION TO A DULY DESIGNATED OFFICER THEREOF, SHALL BE ENTITLED TO
35 RECEIVE PAYMENT IN AN AMOUNT EQUAL TO THE FAIR MARKET VALUE OF SUCH
36 WEAPON, BUT NOT TO EXCEED EIGHT THOUSAND FIVE HUNDRED DOLLARS.
37 4. THE DIVISION OF STATE POLICE SHALL TAKE SUCH ACTION, INCLUDING A
38 PUBLIC CAMPAIGN USING THE PRINT MEDIA, TELEVISION, RADIO OR OTHER MEANS
39 TO NOTIFY PERSONS OF THE EXISTENCE OF THE PROGRAM ESTABLISHED IN THIS
40 SECTION.
41 S 23. This act shall take effect immediately; provided, however, that
42 sections one through twenty-one of this act shall take effect on the
43 thirtieth day after this act shall have become a law; and provided,
44 further, that those sections of this act which provide that it shall be
45 unlawful to sell, exchange, give or dispose of a 50-caliber weapon shall
46 take effect with respect to a gunsmith or dealer in firearms on the
47 fifth day after this act shall have become a law.
.SO DOC A 4471 *END* BTXT 2005

Posted: 5/17/2005 9:11:07 PM EDT

[#1]

This may pass the state Assembly, but I highly doubt it will even make it out of committee in the Senate.

Keep writing, calling, faxing, E-mailing however...

Posted: 5/17/2005 9:12:47 PM EDT

[#2]

Wow. Just wow.

Posted: 5/18/2005 1:13:26 AM EDT

[#3]

Tick tock. Almost time.

Posted: 5/18/2005 2:34:40 AM EDT

[#4]

I got your back mate

Posted: 5/18/2005 2:47:55 AM EDT

[#5]

>>"8. "Gunsmith" means any person, firm, partnership, corporation or
company who engages in the business of repairing, altering, assembling,
manufacturing, cleaning, polishing, engraving or trueing, or who
performs any mechanical operation on, any firearm, large capacity ammu-
nition feeding device, 50-CALIBER WEAPON or machine-gun. "<<

I have repaired, cleaned, disassembled/reassembled, altered and even polished them, I've even built my own AR's but folks I'm not skilled enough to be called a gunsmith.

"Any mechanical operation" such as operating a bolt?

Those sentences have very ominious overtones if enforced by a gun grabbing zealot in the Atty Generals office.

Is New York in direct competition with California for hand wringing?

Posted: 5/18/2005 2:54:03 AM EDT

[#6]

I skimmed through it and didn't see any exception for shotguns most of which are over .50 cal. This bill won't fly once all the hunters figure out their precious hunting guns will be banned too! Illinois had tried to pass the same law but once people figured out there was no shotgun exemption the bill crashed and burned.

Posted: 5/18/2005 2:58:17 AM EDT

[#7]

Another poorly written bill intended to take your guy rights away. If you read that to the letter, your black powder rifle is history.

Posted: 5/18/2005 6:15:50 AM EDT

[#8]

They are not banning shotguns or BP rifles although I'm sure they would like to.

11. "Rifle" means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive in a fixed metallic
cartridge to fire only a single projectile through a rifled bore for
each single pull of the trigger.

12. "Shotgun" means a weapon designed or redesigned, made or remade,
and intended to be fired from the shoulder and designed or redesigned
and made or remade to use the energy of the explosive in a fixed shotgun
shell to fire through a smooth bore either a number of ball shot or a
single projectile for each single pull of the trigger.

........................................................................................................................

24.
1 "50-CALIBER WEAPON" MEANS A RIFLE CAPABLE OF FIRING A CENTER-FIRE
2 CARTRIDGE IN 50-CALIBER OR LARGER, .50 BMG CALIBER OR LARGER, ANY OTHER
3 VARIANT OF 50-CALIBER OR LARGER, OR ANY OTHER METRIC EQUIVALENT OF SUCH
4 CALIBER, PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE
5 CONSTRUED TO INCLUDE ANY MUZZLE LOADING RIFLE WHICH IS DESIGNED TO USE
6 BLACK POWDER, OR A BLACK POWDER SUBSTITUTE, AND WHICH CANNOT USE FIXED
7 AMMUNITION.

Posted: 5/18/2005 3:00:39 PM EDT

[#9]

Quoted:
I skimmed through it and didn't see any exception for shotguns most of which are over .50 cal. This bill won't fly once all the hunters figure out their precious hunting guns will be banned too! Illinois had tried to pass the same law but once people figured out there was no shotgun exemption the bill crashed and burned.

It will be too late before the hunter's figure out how they got screwed. Too bad, these "hunter's" are for their guns but not everyone elses.

Posted: 5/18/2005 3:04:44 PM EDT

[#10]

So .50BMG, .50 Beowulf, .50 Action Express, that .50 Automatic 1911, and quite a few others will be arbitrarily banned if this passes?

Hm. They've got bigger balls than I thought. Then again, most sheeple think of .50-cal anything as "oh teh noes!". Heck, I had a friend tell me that all .50-cal non-muzzle-loading firearms should be banned and confiscated because they're evil horrible armor-piercing weapons that have no purpose but killing people from a mile away.

He didn't like it too much when I totally destroyed his fallacy in front of everyone.

Posted: 5/18/2005 3:05:12 PM EDT

[#11]

California...figures.

WTF?

You're welcome Paul!

Posted: 5/18/2005 9:24:21 PM EDT

[#12]

Quoted:
They are not banning shotguns or BP rifles although I'm sure they would like to.

11. "Rifle" means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive in a fixed metallic
cartridge to fire only a single projectile through a rifled bore for
each single pull of the trigger.

12. "Shotgun" means a weapon designed or redesigned, made or remade,
and intended to be fired from the shoulder and designed or redesigned
and made or remade to use the energy of the explosive in a fixed shotgun
shell to fire through a smooth bore either a number of ball shot or a
single projectile for each single pull of the trigger.

........................................................................................................................

24.
1 "50-CALIBER WEAPON" MEANS A RIFLE CAPABLE OF FIRING A CENTER-FIRE
2 CARTRIDGE IN 50-CALIBER OR LARGER, .50 BMG CALIBER OR LARGER, ANY OTHER
3 VARIANT OF 50-CALIBER OR LARGER, OR ANY OTHER METRIC EQUIVALENT OF SUCH
4 CALIBER, PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE
5 CONSTRUED TO INCLUDE ANY MUZZLE LOADING RIFLE WHICH IS DESIGNED TO USE
6 BLACK POWDER, OR A BLACK POWDER SUBSTITUTE, AND WHICH CANNOT USE FIXED
7 AMMUNITION.

What about rifled deer slug barrels? Under the above definations anything that fires a single projectile through a rifled barrel is a rifle. Since rifled barrels can be put on pretty much all shotguns they could technically be considered a rifle, under the above definitions. The 50 Cal defination only specifically excludes black powder.

Posted: 5/18/2005 9:33:26 PM EDT

[#13]

What about rifled deer slug barrels? Under the above definations anything that fires a single projectile through a rifled barrel is a rifle. Since rifled barrels can be put on pretty much all shotguns they could technically be considered a rifle, under the above definitions. The 50 Cal defination only specifically excludes black powder.

Yeah!

Posted: 5/18/2005 9:40:41 PM EDT

[#14]

You people voted to keep people like Rudy Guliani, Charles Shumer, and Hillary Clinton in power. YOU EARNED IT, YOU REAP WHAT YOU SEW. Now the rest of us just hope their following CA's misguided lead doesn't become a national trend.

Posted: 5/18/2005 9:42:42 PM EDT

[#15]

Quoted:
Quoted:
They are not banning shotguns or BP rifles although I'm sure they would like to.

11. "Rifle" means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive in a fixed metallic
cartridge to fire only a single projectile through a rifled bore for
each single pull of the trigger.

12. "Shotgun" means a weapon designed or redesigned, made or remade,
and intended to be fired from the shoulder and designed or redesigned
and made or remade to use the energy of the explosive in a fixed shotgun
shell to fire through a smooth bore either a number of ball shot or a
single projectile for each single pull of the trigger.

........................................................................................................................

24.
1 "50-CALIBER WEAPON" MEANS A RIFLE CAPABLE OF FIRING A CENTER-FIRE
2 CARTRIDGE IN 50-CALIBER OR LARGER, .50 BMG CALIBER OR LARGER, ANY OTHER
3 VARIANT OF 50-CALIBER OR LARGER, OR ANY OTHER METRIC EQUIVALENT OF SUCH
4 CALIBER, PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE
5 CONSTRUED TO INCLUDE ANY MUZZLE LOADING RIFLE WHICH IS DESIGNED TO USE
6 BLACK POWDER, OR A BLACK POWDER SUBSTITUTE, AND WHICH CANNOT USE FIXED
7 AMMUNITION.

What about rifled deer slug barrels? Under the above definations anything that fires a single projectile through a rifled barrel is a rifle. Since rifled barrels can be put on pretty much all shotguns they could technically be considered a rifle, under the above definitions. The 50 Cal defination only specifically excludes black powder.

11. "Rifle" means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive in a fixed metallic
cartridge to fire only a single projectile through a rifled bore for
each single pull of the trigger.

They most likely don't think of shotgun shells as being "metallic".

Posted: 5/19/2005 4:53:04 PM EDT

[#16]

Quoted:
Quoted:
Quoted:
They are not banning shotguns or BP rifles although I'm sure they would like to.

11. "Rifle" means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive in a fixed metallic
cartridge to fire only a single projectile through a rifled bore for
each single pull of the trigger.

12. "Shotgun" means a weapon designed or redesigned, made or remade,
and intended to be fired from the shoulder and designed or redesigned
and made or remade to use the energy of the explosive in a fixed shotgun
shell to fire through a smooth bore either a number of ball shot or a
single projectile for each single pull of the trigger.

........................................................................................................................

24.
1 "50-CALIBER WEAPON" MEANS A RIFLE CAPABLE OF FIRING A CENTER-FIRE
2 CARTRIDGE IN 50-CALIBER OR LARGER, .50 BMG CALIBER OR LARGER, ANY OTHER
3 VARIANT OF 50-CALIBER OR LARGER, OR ANY OTHER METRIC EQUIVALENT OF SUCH
4 CALIBER, PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE
5 CONSTRUED TO INCLUDE ANY MUZZLE LOADING RIFLE WHICH IS DESIGNED TO USE
6 BLACK POWDER, OR A BLACK POWDER SUBSTITUTE, AND WHICH CANNOT USE FIXED
7 AMMUNITION.

What about rifled deer slug barrels? Under the above definations anything that fires a single projectile through a rifled barrel is a rifle. Since rifled barrels can be put on pretty much all shotguns they could technically be considered a rifle, under the above definitions. The 50 Cal defination only specifically excludes black powder.

11. "Rifle" means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive in a fixed metallic
cartridge to fire only a single projectile through a rifled bore for
each single pull of the trigger.

They most likely don't think of shotgun shells as being "metallic".

This is why California has some of the most repressive gun laws.

[ARCHIVED THREAD] - NY .50 Ban! And not just the BMG!

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