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proposed NY SAFE ACT of 2013

Discussion in 'Freedom and Liberty' started by UGRev, Jan 15, 2013.

  1. UGRev

    UGRev Get on with it!

    Gun Control Bill

    Ge a load of this happy horseshit.
  2. CATO

    CATO Monkey+++

  3. NotSoSneaky

    NotSoSneaky former supporter

    Oy. 67 pages. Bookmarked for later perusal.

    Dollars to dognuts none of it is any good.
  4. Brokor

    Brokor Live Free or Cry Moderator Site Supporter+++ Founding Member

    I skimmed it. They changed the language a bit to make room for additional reasons to confiscate firearms. The biggest and most radical change I noticed was the definition of "assault weapon". Just so everybody knows, it includes virtually EVERYTHING.

    The slippery slope just got most precarious for New Yorkers.
  5. UGRev

    UGRev Get on with it!

    indeed it does.. 30 rounds, to 10 , to 7 .. can't have a pistol grip stock .. good bye AR-15.
  6. Witch Doctor 01

    Witch Doctor 01 Mojo Maker

    Hmmm i wonder when somesmart cookie is gonna sue the state og NY under ADA because a pistol grip is an accomidation for some folks....
    UGRev and JABECmfg like this.
  7. UGRev

    UGRev Get on with it!

    Good idea, I just notified my peeps..
  8. CATO

    CATO Monkey+++

    Let there be no doubt:

  9. BTPost

    BTPost Old Fart Snow Monkey Moderator

    Opps, Seems they screwed the pooch when they wrote the language.... They forgot to exempt Law Enforcement.... So until it gets amended, ALL LEOs are in violation of the NEWLY Signed Statute....These yahoos are SO BRILLIANT.....
  10. UGRev

    UGRev Get on with it!

    I jokingly told my sheriff today at the public meeting that I'd be over in the morning to count the rounds in his mags.. :) he got a laugh out it :D
  11. UGRev

    UGRev Get on with it!

    WHAOAAOAAOAOOAAOOAAOOAAOAOOAAOAOTTTTTTTT!!!!! bro... that would have been .. well, lets just say, a very bad idea.
  12. CATO

    CATO Monkey+++

    Meanwhile, @ Shotshow about the 10 round magazine rule thingy . . . said nothin' about belt-fed did they?

  13. bfayer

    bfayer Keeper Of The Faith

    Works for me. If 7 rounds are all a law abiding citizen needs why do police need any more? Oh, that's right because the bad guys don't follow the law foosed

    On another front it looks like they banned compensators also, I am glad they did because we all know there is no valid sporting purpose for a comp and they are only used by bad guys. Banning their use is sure to save children's lives foosed

    I am so glad I don't live in New York.

    Sent from my Nexus 7 using Tapatalk 2a
  14. Witch Doctor 01

    Witch Doctor 01 Mojo Maker

    well copensators are a must for some folks with disabilities... kinda anti ADA
  15. CATO

    CATO Monkey+++

    The people say "no." Thoreau would cheer. How far will the .gov go to get compliance?

    The Resistance Begins: New York Gun Owners Refuse to Register; "Largest Act of Civil Disobedience in State History"

    With emotions running high in the aftermath of the Newtown Sandy Hook shooting, politicians on the State and Federal level have begun introducing legislative actions to curtail access to firearms protected by the Second Amendment. In Missouri, parents may soon be forced to register firearms with their child’s school under threat of criminal penalties. In Massachusetts, another proposal would require storage of semi-automatic rifles at government approved storage depots. And, in the State of New York, congressional representatives have already passed legislation that requires registration of every semi-automatic rifle and reduces maximum magazine capacity to 7 rounds of ammunition, and Governor Cuomo has floated the idea of gun confiscation.
    Now, in what is sure to be a growing trend across the entire country, New York gun owners are organizing a resistance against what many believe to be the most, “brazen infringement on the right to keep and bear arms anywhere in the nation,” according to The New American:
    Preparations are already being made for mass resistance.
    “I’ve heard from hundreds of people that they’re prepared to defy the law, and that number will be magnified by the thousands, by the tens of thousands, when the registration deadline comes,’’ said President Brian Olesen with American Shooters Supply, among the biggest gun dealers in the state, in an interview with the New York Post.
    Even government officials admit that forcing New Yorkers to register their guns will be a tough sell, and they are apparently aware that massive non-compliance will be the order of the day. “Many of these assault-rifle owners aren’t going to register; we realize that,’’ a source in the Cuomo administration told the Post, adding that officials expect “widespread violations” of the new statute.
    Threats of imprisoning gun owners for up to a year and confiscating their weapons are already being issued by governor’s office, headed by a rabid anti-Second Amendment extremist who suggested before the bill passed that “confiscation” of all semi-automatic rifles was being considered. If tens or even hundreds of thousands of otherwise law-abiding citizens refuse to comply, however, analysts say New York would either have to start raising taxes and building a lot more prisons, or give up on the scheme that experts say will do nothing to reduce violence and that lawmakers say is aimed at eventual confiscation.
    Activists involved in the state-wide boycott against the unconstitutional statute who spoke to the Post almost taunted authorities, saying gun owners would essentially dare authorities to “come and take it away.”
    According to the paper, leaders of some of the state’s hundreds of gun clubs, dealers, and non-profit organizations, citing the New York Constitution’s guarantee that gun rights “cannot be infringed,” are currently involved in organizing the resistance. Among the primary concerns is that, with registration, authorities would know where to go for confiscation, an idea already proposed openly by Governor Cuomo himself.
    “They’re saying, ‘F— the governor! F— Cuomo! We’re not going to register our guns,’ and I think they’re serious. People are not going to do it. People are going to resist,” explained State Rifle and Pistol Association President Tom King, who also serves on the National Rifle Association board of directors. “They’re taking one of our guaranteed civil rights, and they’re taking it away.”​
    Opponents of the right to bear arms, take heed. The American people know what you’re up to and they will not stand for it.
    The resistance has begun.
    mysterymet likes this.
  16. UGRev

    UGRev Get on with it!

    I told my sheriff to his face, in front of a bunch of people that I would not comply with unconstitutional laws.
    Mountainman likes this.
  17. ghrit

    ghrit Ambulatory anachronism Administrator Founding Member

    And he said what in response? That will make a huge difference in how I would plan for a visit from him.
  18. UGRev

    UGRev Get on with it!

    he said nothing.. he shrugged his shoulders in a "I don't know what to tell you" sort of way.. His claims were that he didn't know enough about the law at the time to make any decisions on anything.

    However, this is from the NYS Sheriff's assc, of which he is member:

    This isi from the sheriff's association to cuomo:

    Rochester Personal Defense posted the attachment on their facebook page. I've pasted the text of the attachment from there below.

    Here is their letter:

    Sheriffs’ Response to NY SAFE Act
    Following passage of the SAFE Act by the State Legislature and approval by the Governor, the Sheriffs now have had the opportunity to review the language of the new law and wish to make our comments available.

    The Sheriffs of New York state support many of the provisions
    of the SAFE Act, and believe that they will enhance public safety and help to shield citizens from gun violence. However, there are also some parts of this new law that need clarification, and some that we think should be reconsidered and modified to meet the concerns of the law enforcement community and the public at large.

    We have identified the following six provisions of the new law which we believe are helpful and will increase the safety of our citizens.

    These include:
    • Restriction on FOIL requests about pistol permit holders. By granting citizens the option of having their names and addresses withheld from public disclosure, the new law does provide a mechanism to allow people to decide for themselves whether their personal information should be accessible to the public. We believe, however, that no
    one should have to explain why their personal information should remain confidential. A better procedure, we believe, is simply to exempt all this personal information from FOIL disclosure.

    • Killing of emergency first responders. The new law makes killing of emergency first responders aggravated or first degree murder, enhancing penalties for this crime and
    requiring life without parole. First responders need this protection, evidenced all too often by attacks on them when they attempt to provide help, and in special recognition
    of the terrible attacks on two firefighters in Webster, NY and attacks on first responders in Jefferson County.

    • Requirement of NICS checks for private sales (except between immediate family). We believe that this will ensure that responsible citizens will still be able to obtain legal
    firearms through private transactions, with the added assurance that private buyers are approved by the federal National Instant Criminal Background Check System. We
    remain concerned that this provision will be very difficult to enforce and will likely only affect law abiding citizens.

    • Comprehensive review of mental health records before firearms permits are granted and review of records to determine if revocation of permits is required. Sheriffs
    believe that there is an urgent need to increase funding for mental health care. The new law imposes reporting requirements on many mental health care professionals and
    others who may make a determination that a person is a danger to himself or others. The law further gives needed authority to courts or others who issue firearms permits to
    deny permit applications or to revoke permits already issued. We believe that this issue demands a much more full and detailed discussion about how to keep guns out of the
    hands of such people. The Sheriffs of New York want to pursue these issues with the Governor and the State Legislature.

    • Safe storage of firearms. The new law provides that guns must be safely stored if the owner lives with someone who has been convicted of a felony or domestic violence crime, has been involuntarily committed, or is currently under an order of protection. We agree that firearms owners should have the responsibility to make sure that their weapons are safeguarded against use or access by prohibited persons, and the new law adds these protections to ensure that weapons are safely and securely stored.

    • Increased penalties for illegal use of weapons. The new law adds several increased sanctions for violation of New York gun laws and creates new gun crimes which did not previously exist. These new provisions will provide added tools for law enforcement to prosecute such crimes. We further believe that the new provisions should help deter future misuse of firearms. We also suggest that the legislature consider limitations on plea bargaining for all gun crimes.

    We have reviewed other provisions of the new law, and strongly believe that modifications are needed to clarify the intent of some of these new provisions and that revisions are
    needed to allow Sheriffs to properly enforce the law in their counties.

    • Assault weapon ban and definition of assault weapons. We believe that the new definition of assault weapons is too broad, and prevents the possession of many weapons that are legitimately used for hunting, target shooting and self defense. Classifying firearms as assault weapons because of one arbitrary feature effectively deprives people the right to possess firearms which have never before been designated
    as assault weapons. We are convinced that only law abiding gun owners will be affected by these new provisions, while criminals will still have and use whatever weapons they

    • Inspection of schools by state agencies. The new law transfers to state agencies the responsibility to review school safety plans. We expect that funding will be transferred to these state agencies to implement safety proposals. Sheriffs and local police provide this service in all parts of the state and can perform these duties efficiently. As the chief law enforcement officer of the county, Sheriffs are in the best position to know the security needs of schools in their own counties, and the state should help to fund these existing efforts by Sheriffs and local police departments to keep our schools safe. Because Sheriffs and local police are already deeply involved with school safety plans, have developed emergency response plans, and are familiar with structural layouts of schools in their counties, they should be included along with state counterparts in any effort to review school safety plans.

    • Reduction of ammunition magazine capacity. The new law enacts reductions in the maximum capacity of gun magazines. We believe based on our years of law enforcement experience that this will not reduce gun violence. The new law will unfairly limit the ability of law‐abiding citizens to purchase firearms in New York. It bears repeating that it is our belief that the reduction of magazine capacity will not
    make New Yorkers or our communities safer.

    • Five year recertification of pistol permit status and registration of existing assault weapons. The new law delegates to the State Police the duty to solicit and receive
    updated personal information of permit holders every five years in order to maintain these permits. Further, the law requires owners of certain existing firearms now classified as assault weapons to register these with the State Police within one year. The recertification and registration conflict with Sheriffs’ duties regarding issuance of pistol permits. All records should be maintained at the local, and not the state level. This information should be accessible to those who are responsible for initial investigation of permit applications. Pistol permit information should be maintained in one file at the local level, and forwarded to a statewide database for law enforcement use. It bears repeating that it is our belief that pistol permit and any registration information required by the law should be confidential and protected from FOIL disclosure.

    • Sale of ammunition. The new law imposes several new provisions regarding how, and from whom, ammunition can be lawfully purchased. The law should be clarified about the use of the Internet as a vehicle for these sales, out‐of‐state sales to New York residents, and other issues. Businesses have said that they do not understand the new provisions and are concerned that they will have to cease operations.

    • Law enforcement exemptions must be clarified. The new law has many provisions that might apply to law enforcement officers and there has been much confusion about whether existing law enforcement exemptions continue to apply. We understand that the Governor and Legislature have already agreed to review and modify these provisions where necessary, and the Sheriffs want to be part of the discussion to make the changes effective. Additionally, the exemptions should apply to retired police and peace officers, and to others in the employ of the Sheriff and other police agencies who perform security duties at public facilities and events.

    • Method of bill passage. It is the view of the Sheriffs’ Association that anytime government decides it is necessary or desirable to test the boundaries of a constitutional right that it should only be done with caution and with great respect for those constitutional boundaries. Further, it should only be done if the benefit to be gained is so great and certain that it far outweighs the damage done by the constriction of individual liberty. While many of the provisions of the new law have surface appeal, it is far from certain that all, or even many, of them will have any significant effect in
    reducing gun violence, which is the presumed goal of all of us. Unfortunately the process used in adoption of this act did not permit the mature development of the arguments on either side of the debate, and thus many of the stakeholders in this important issue are left feeling ignored by their government. Even those thrilled with the passage of this legislation should be concerned about the process used to secure its passage, for the next time they may find themselves the victim of that same process. Fortunately, the Governor has shown himself open to working with interested parties to address some of the problems that arose due to the hasty enactment of this law. We will work with the Governor and the Legislature on these issues.

    • Sheriffs understand their Constitutional obligations and the concerns of constituents Sheriffs and other law enforcement officers are not called upon by this new legislation to go door‐to‐door to confiscate any weapons newly classified as assault weapons, and will not do so.

    Sheriffs represent all the people, and we take an oath to uphold the Constitution of the United States and the Constitution of the State of New York. Sheriffs will continue to enforce all laws of the state and will protect the rights of all citizens, including those rights guaranteed by the Constitution of the United States and the Constitution of the
    State of New York.
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