Amy Paulin has reintroduced another version of the gun dealer
liability bill A-9280 (same as A-4958/S-2944) with Silver as co-sponsor.

John Lavalle's semi-auto ban has been amended to A-2466A and sent to Rules


I have not seen it yet but I am sure we are in for some trouble with the Semi Auto part of this thing.

Here it is in all its glory along with the usual lies and misrepresentations. Time to start calling and writing letters to Pataki, Bruno, your Assemblyperson and Senator.

A02466 Actions:

BILL NO    A02466A

01/26/2005 referred to codes
03/01/2005 reported
03/03/2005 advanced to third reading cal.100
05/24/2005 passed assembly
05/24/2005 delivered to senate
05/24/2005 REFERRED TO CODES
01/04/2006 DIED IN SENATE
01/04/2006 RETURNED TO ASSEMBLY
01/04/2006 committed to rules
01/04/2006 amend and recommit to rules 2466a

BILL TEXT:


               STATE OF NEW YORK
       ________________________________________________________________________

                                        2466--A

                              2005-2006 Regular Sessions

                  IN ASSEMBLY

                                   January 26, 2005
                                      ___________

       Introduced by M. of A. LAVELLE, KOON, LAFAYETTE, COOK -- Multi-Sponsored
         by  --  M. of A.   BOYLAND, A. COHEN, GLICK, GORDON, GOTTFRIED, MAYER-
         SOHN, PERRY, WEINSTEIN -- read once and referred to the  Committee  on
         Codes  --  recommitted  to  the  Committee on Rules in accordance with
         Assembly Rule 3, sec. 2 -- Rules Committee discharged,  bill  amended,
         ordered reprinted as amended and recommitted to the Committee on Rules

       AN  ACT to amend the penal law and the general business law, in relation
         to banning the possession, sale or manufacture of assault weapons  and
         to  repeal  subdivision 22 of section 265.00 of the penal law relating
         thereto

         The People of the State of New York, represented in Senate and  Assem-
       bly, do enact as follows:

    1    Section  1.  The  New York state legislature finds that semi-automatic
    2  assault weapons are military-style guns  designed  to  allow  rapid  and
    3  accurate spray firing for the quick and efficient killing of humans. The
    4  shooter  can  simply point - as opposed to carefully aim - the weapon to
    5  quickly spray a wide area with a hail of bullets. Gun manufacturers have
    6  for many years made,  marketed  and  sold  to  civilians  semi-automatic
    7  versions of military assault weapons designed with features specifically
    8  intended  to  increase lethality for military applications. As a result,
    9  approximately 2,000,000 assault weapons are currently in circulation  in
   10  the  United  States. These weapons have been the weapon of choice in the
   11  most notorious mass  shootings  of  innocent  civilians  in  the  United
   12  States,  including  the  1999 massacre at Columbine High School (TEC-DC9
   13  assault pistol and Hi-Point Carbine) and the 2002 Washington,  D.C.-area
   14  sniper shootings (Bushmaster XM15 assault rifle). According to FBI data,
   15  between 1998 and 2001, one in five law enforcement officers slain in the
   16  line  of  duty was killed with an assault weapon. In 2003, New York lost
   17  two of its finest when undercover officers in the elite Firearms  Inves-
   18  tigation  Unit  of the NYPD Organized Crime Control Bureau were brutally
   19  murdered while attempting to purchase an  illegal  TEC-9  semi-automatic

        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06278-03-6

A. 2466--A 2
1 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 § 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 § 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 § 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 § 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
28 follows:
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 § 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 § 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
50 thereof.
51 § 7. This act shall take effect January 1, 2007.

To the Lawyer types here:

I know that ignorance of a law is no excuse for violating it.

But let's suppose this law were passed.  I own an "assault rifle" (the misuse of that term makes me puke) and I have no idea this law got passed.  No one notifies me of such necessary registration, etc.  

Seriously, how can I be held liable for a new law that is not made known to me?

Expect the following failed anti-gun bills to acted on again by the Assembly in 2006.

# A-419, provides for revocation or ineligibility for firearms license or surrender thereof for willful violation of order of protection involving physical injury
# A-673, mandatory firearms storage
# A-1170, provides that a person who is issued a certificate of good conduct or relief from disabilities shall not be entitled to lawfully possess a rifle or shotgun
# A-1374, prohibits the discharge of a firearm within 1000′ of a school
# A-2213, expands the state ballistic database COBIS
# A-2302, prohibits the sale of “child operated” firearms
# A-2345, requires the imposition of restrictive commercial practices for firearms dealers
# A-2466, expands the definition of an “assault weapon” and requires their registration
# A-2837, expands definition of armor piercing ammunition, prohibits possession
# A-4471, prohibits the sale, use or possession of .50-caliber or larger rifles, shotguns, and handguns
# A-6027, relates to designating unclaimed rifles or shotguns as nuisance weapons; permits destruction if unclaimed after one year

Quoted:     1    Section  1.  The  New York state legislature finds that semi-automatic     2  assault weapons are military-style guns  designed  to  allow  rapid  and     3  accurate spray firing for the quick and efficient killing of humans. The     4  shooter  can  simply point - as opposed to carefully aim - the weapon to     5  quickly spray a wide area with a hail of bullets.

Someone needs to show these assholes Black Hawk Down, the North Hollywood Shootout, and the battle of Monrovia thread and ask them which kind of shooting is actually deadlier.

12  States,  including  the  1999 massacre at Columbine High School (TEC-DC9    13  assault pistol and Hi-Point Carbine) and the 2002 Washington,  D.C.-area    14  sniper shootings (Bushmaster XM15 assault rifle).

Right, because the Columbine massacre didn't rely on shock and awe combined with unarmed victims more than anything, and wouldn't have worked just as well with .38 revolvers; and the DC sniper shootings wouldn't have been MORE effective and deadly with a $200 walmart .30-06 deer rifle.

According to FBI data,    15  between 1998 and 2001, one in five law enforcement officers slain in the    16  line  of  duty was killed with an assault weapon. In 2003, New York lost    17  two of its finest when undercover officers in the elite Firearms  Inves-    18  tigation  Unit  of the NYPD Organized Crime Control Bureau were brutally    19  murdered while attempting to purchase an  illegal  TEC-9  semi-automatic

Only 1 in 5?  Doesn't sound like the epidemic they're making it out to be.  FWIW assault weapons were already illegal in NYC during that period.  Officers were murdered while trying to purchase a TEC-9?  Clearly the TEC-9's fault.  

8 (a) Semi-automatic or pump-action rifle that has the capacity to

Anyone else catch this nonsense!?

Quoted: Seriously, how can I be held liable for a new law that is not made known to me?

'cause dats da way it 'tis. It dates back to the 15th century.

Sheldon Silver and his merry band of gun grabbers would like nothing more then for you to be convicted of a felony,  rot in jail and lose your civil rights. You will be one less voter to oppose his complete ban on all guns in NY.  

Hiram I am trying to be a nice guy but these people are not making it easy....LOL

This goes on year after year, but this time I am scared it might become reality on a lot of this.

A Semi Auto does not have the ability to SPRAY ammo. Unless you are able to bump fire and there lies a problem.
Register them is the first step to taking them away.  I hoped to be living in PA by now. I am going to have to leae my Wife and kids and get a apt over the border till she is done with work..

Seriously, this really is getting very tiresome............this shit simply will never stop until all guns are banned in NY.

Can't believe these assholes can introduce this nonsense over and over again.

The real issue is that they keep getting re elected.  NYC already pulled that registration crap and then totally banned and collected the registered "assault weapons"

This is good:
c) Semi-automatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:
(i) A second handgrip or a protruding grip that can be held by the non-trigger hand;
(ii) A folding, telescoping or thumbhole stock

Quoted: Seriously, this really is getting very tiresome............this shit simply will never stop until all guns are banned in NY. Can't believe these assholes can introduce this nonsense over and over again.

I think this Qualifies as an Epiphany

But seriously.

I wish they would ease up on the Assault weapons ban crap, hi cap magazines, restrictions on CCW, etc.

Now all I pray for any longer is to keep the status quo.  I don't see us really holding onto the SQ for much longer.  Maybe 5 years if we're really lucky.  Our guns will be outlawed before we know it.

So this bill is saying that owning a pump action AR with all the pre-ban features will be a no no if it passes.

Quoted: So this bill is saying that owning a pump action AR with all the pre-ban features will be a no no if it passes.

yup

looks like the 10/22 owners would have to get rid of their evvillll, deadly thumbhole stocks.

and WTF is with banning telescoping stocks?  that's an ERGONOMIC feature.  they're discriminating against shooters who are very small and can't comfortably shoot a normal sized rifle.

Quoted: 8 (a) Semi-automatic or pump-action rifle that has the capacity to Anyone else catch this nonsense!?

Yep...next their going after your semi shotguns.

Thank god I'm outta here in a few weeks.

Last one out, kill the lights!!

Gee and I thought it was coming back as A-2466B.  Got ahead of myself I guess.