Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

NY State Assault Weapons Ban (Amends definition of assault weapon to include additional weapons)
Scopeny,org ^ | Ken Mathison

Posted on 05/31/2005 5:11:15 PM PDT by lowbridge

Within hours of the Assault Weapon Ban bill A2466 passing the Assembly, Senator Frank Padavan (R-Queens) introduced the bill in the Senate S5504. This bill repeals the existing Assault Weapon definition and replaces it with new definition language. The bill has been referred to Senator Bruno's Rules committee bypassing usual the usual channel of Senator Volker's Codes committee.

Some facts about new Assault Weapon Ban bill A2466/S5504

Bans all semi-auto rifles that have a detachable magazine and one or more of the following. Pistol grip (no further definition) Thumbhole, telescoping or folding stock Compensator (porting) Muzzle brake

Bans all semi-auto pistols and centerfire rifles that have fixed magazine of over 10 rounds.

Bans all semi-auto pistols with one or more of the following Second hand grip or pistol grip that can be held by non-trigger hand. Folding, telescoping or thumbhole stock. Heat shield Muzzle brake or compensator (porting.

Bans all semi-auto shotguns with one or more of the following Pistol grip or vertical handgrip (neither term is defined. Folding, telescoping or thumbhole stock. Fixed magazine of more than 5 rounds. Detachable magazine.

Revolving cylinder shotguns are also banned.

Any of the above parts in the possession of the gun owner is considered to be an assault weapon. In other words, if you remove the offending parts from your gun and keep them, you still have a banned weapon.

Options for the owner of banned guns. Render the gun permanently inoperable. Turn it in to police, no compensation. Register the gun with the State Police.

Contact information for Senator Padavan and Senator Bruno.

Senator Frank Padavan State Capitol Building 505 Albany, NY 12247 518-455-2031 Fax 518-455-2008

Senator Joseph Bruno LOB 909 Albany, NY 12247 518-455-3191 Fax 518-455-2448

Contact these two senators by phone, letter or fax. Emails are useless. Also contact your senator, contact info is available through the Senate website

http://www.senate.state.ny.us/senatehomepage.nsf/senators?OpenForm

Ken Mathison, President SCOPE, Inc.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: New York
KEYWORDS: assaultweapons; bang; bloat; fmcdh; gungrabbingnazis; newyork; ny; secondamendment
STATUS: S5504 PADAVAN Penal Law TITLE....Relates to banning the possession, sale or manufacture of assault weapons; repealer

05/27/05 REFERRED TO RULES

-------------------------------------------------------------------------------- SUMMARY:

PADAVAN Rpld & add S265.00 sub 22, amd SS265.00 & 265.20, Pen L; amd S396-ff, Gen Bus L Amends the definition of assault weapon to include additional weapons; defines the terms "detachable magazine", "muzzle break" and "muzzle compensator"; authorizes the division of state police to promulgate rules and regulations for the addition of information identifying assault weapons lawfully possessed prior to January 1, 2006 to the pistol and revolver ballistic identification databank. -------------------------------------------------------------------------------- BILL TEXT: Bill Text Not Available -------------------------------------------------------------------------------- SPONSORS MEMO:

NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI. Sec 1

BILL NUMBER: S5504

SPONSOR: PADAVAN

TITLE OF BILL: 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

PURPOSE:

This bill would replace the definition of an "assault weapon" with a new definition that relies 011 the characteristics of the weapon and includes definitions of assault weapon devices that are the bill would exempt persons in lawful possession, control or use of an assault weapon from misdemeanor violations if they: render the weapon permanently inop- erable, surrender the weapon or register the weapon with the ballistic databank, defined in section 396-ff of the general business law.

SUMMARY OF PROVISIONS:

Section 1.

Legislative Findings

Section 2.

Repeals subdivision 22 of section 265.00 of the penal law and adds a new subdivision 22 to amend the definition of "assault weapon" by reference to devices that amplify the effect and dangerousness of weapons.

Section 3.

Amends section 265.00 of the penal law by adding three new subdivisions 24, 25 and 26 to define three assault weapon enhancement features: "detachable magazine," "muzzle brake" and "muzzle compensator."

Section 4.

Amends section 265.20 of the penal law by adding a new subdivision d to exempt from a misdemeanor violation any person who lawfully owns, uses or retains control of an assault weapon prior to January 1, 2006 and who, prior to April 1, 2006: renders the assault weapon permanently inoperable, surrenders the weapon to appropriate law enforcement or properly registers the weapon with the ballistic databank.

Section 5.

Renumbers subdivision 7 of section 396-f of the general business law to subdivision 8 and adds a new subdivision 7 to provide for the addition of information identifying assault weapons lawfully possessed prior to January 1, 2006, to the existing ballistic databank.

Section 6.

Severability Clause.

Section 7.

Effective Date.

JUSTIFICATION: The New York State legislature finds that semi automatic assault weapons are military style guns designed to allow rapid and accurate spray firing for the quick and efficient killing of humans. The effect of these weapons has become increasingly devastating as gun manufacturers develop more enabling features for the purpose of military applications. Approximately 2,000,000 assault weapons are currently in circulation in the United States. The availability of military style assault weapons poses a serious threat to the public health and safety. Most citizens, including gun owners, believe that assault weapons should not be avail- able for civilian use. In addition, tragic events such as the 1999 massacre at Columbine High School, the 2002 Washington, D.C. area sniper shootings, the 2003 execution style killings of undercover officers in the Firearms Investi- gation Unit of the NYPD Organized Crime Control Bureau and the deaths of one in five law enforcement officers in the line of duty (1998-2001) all involved the actions of individuals using assault weapons.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect January 1, 2006.

1 posted on 05/31/2005 5:11:17 PM PDT by lowbridge
[ Post Reply | Private Reply | View Replies]

To: lowbridge
EMERGENCY 2nd Amendment action needed in NY!
2 posted on 05/31/2005 5:15:06 PM PDT by lowbridge
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge
ROFL! I have yet to see ONE news report of a recent crime committed with so called assault weapons. They're trying to ban semi-automatic rifles on the basis of cosmetic characteristics. How pointless is that? It shows how little liberals know about firearms.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
3 posted on 05/31/2005 5:17:47 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

Inmates in charge of the asylum.

And to think, we threw off British rule over a few cents tax on tea, how far we have fallen.


4 posted on 05/31/2005 5:27:50 PM PDT by Ursus arctos horribilis ("It is better to die on your feet than to live on your knees!" Emiliano Zapata 1879-1919)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge
Heat shield Muzzle brake or compensator (porting)

Everyone knows these things make guns twice as deadly. Accuracy and reliability have no place in civil society.

5 posted on 05/31/2005 5:29:38 PM PDT by Sender (Team Infidel USA)
[ Post Reply | Private Reply | To 1 | View Replies]

To: goldstategop
I own a pre-ban Colt AR-15 and a Chinese made AKM. Both are assault weapons in NY. Add to that my Browning Hi-Power (mag holds 13 rds)which was perfectly legal when I bought it. Under the OLD law, I couldn't sell or dispose of my firearm (unlike the Fed statute). The grandfather provision was for ownership only. Now the Hi-Power's in the mix. Guess I'll be leaving this hole for good by Apr 06. And I won't register anything even if I stay.
6 posted on 05/31/2005 5:32:45 PM PDT by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
[ Post Reply | Private Reply | To 3 | View Replies]

To: PzLdr

Ignorant SOB's...but ONLY the CITIZENS of New York can end this crap. Quit voting the stupid bastards in. Until then you get what you vote for. Has the citizens of the Peoples Republic of New York ever stood up. One look at your elected federal Senator's answers that. Take back your state.


7 posted on 05/31/2005 5:38:02 PM PDT by JohnD9207 (Lead...follow...or get the HELL out of the way!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: JohnD9207

New York is a lost cause.


8 posted on 05/31/2005 5:42:19 PM PDT by lowbridge
[ Post Reply | Private Reply | To 7 | View Replies]

To: lowbridge

New York is a lost cause.

You might be right...but I really think that if every Freedom loving American in NY actually voted they could send a message to the liberal gun hating crowd. The only thing the elected masses in NY hate worse than guns is unemployment. Damn NY stand up. NO one is gonna take my rights away from me in TEXAS. That is one subject that even the most ardent liberal in Texas keeps to themselves.


9 posted on 05/31/2005 5:48:30 PM PDT by JohnD9207 (Lead...follow...or get the HELL out of the way!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: lowbridge
Bans all semi-auto pistols and centerfire rifles that have fixed magazine of over 10 rounds

Practically all pistols have removable magazines, the only two I can think of off hand that have a fixed mag are the old broomhandle Mauser and a WWI Austrian army pistol whose name I can't remember. Same thing for many, if not most, centerfire semiauto rifles.

Of course few if any prosecutors and judges would know the difference between fixed and removable mags, so NY owners of hi-cap pistols and rifles of any kind will no doubt be prosecuted by ignorant DAs and convicted by equally ignorant juries for owning guns which are not actually banned according to the description given in the law.

10 posted on 05/31/2005 6:03:53 PM PDT by epow (Prayer should be the first resort, not the last resort)
[ Post Reply | Private Reply | To 1 | View Replies]

To: All

Can someone in the know PLEASE offer up an explaination of how & why this bill bypassed the usual channel of Senator Volker's Codes committee???

Is the fix in? Are we being sold down the river by our state's "Republicans"???


11 posted on 05/31/2005 6:06:06 PM PDT by NY Patriot
[ Post Reply | Private Reply | To 10 | View Replies]

To: lowbridge
Heat shield Muzzle brake or compensator (porting

Yeah, those heat shields and comps will make a gun kill you much deader than one without them. Idiots are running the asylum up there.

12 posted on 05/31/2005 6:08:35 PM PDT by epow (Prayer should be the first resort, not the last resort)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JohnD9207
I really think that if every Freedom loving American in NY actually voted

They're voting...with their feet by leaving the state in droves. Putting the rest of us into a decreasing minority.

13 posted on 05/31/2005 6:08:56 PM PDT by lowbridge
[ Post Reply | Private Reply | To 9 | View Replies]

To: lowbridge

So a 10/22 with an aftermarket "thumbhole" stock would be illegal. Amazing


14 posted on 05/31/2005 6:10:09 PM PDT by 1066AD
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge
Well, here we go again...


15 posted on 05/31/2005 6:10:38 PM PDT by the anti-liberal (</liberal> It's time the left - left!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: epow
Yeah, those heat shields and comps will make a gun kill you much deader than one without them. Idiots are running the asylum up there.


You bet ya...especially bayonet attachments. I know the gangs down in Texas are having a field day with bayonet charges. Morons leading Morons.
16 posted on 05/31/2005 6:13:14 PM PDT by JohnD9207 (Lead...follow...or get the HELL out of the way!)
[ Post Reply | Private Reply | To 12 | View Replies]

To: lowbridge

They're voting...with their feet by leaving the state in droves. Putting the rest of us into a decreasing minority.


But even in NY not all democrats are anti gun. I know it would take a real effort but isn't it worth it.

By the way you are welcome in Texas.


17 posted on 05/31/2005 6:15:48 PM PDT by JohnD9207 (Lead...follow...or get the HELL out of the way!)
[ Post Reply | Private Reply | To 13 | View Replies]

To: lowbridge
Options for the owner of banned guns. Render the gun permanently inoperable.

IOW, render your $2000 Bushmaster worthless.

Turn it in to police, no compensation.

So some cop can use it to make holes in empty beer cans while you are out a couple of thousand bucks.

Register the gun with the State Police.

Like NYC gunowners did about 14-15 years ago. A couple of years later they were ordered to turn them in, and since they were registered the cops knew who had them and where to find them if they weren't turned in.

18 posted on 05/31/2005 6:20:56 PM PDT by epow (Prayer should be the first resort, not the last resort)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JohnD9207

I think it's all those drive-by bayonettings that are to blame for this.


19 posted on 05/31/2005 6:23:56 PM PDT by epow (Prayer should be the first resort, not the last resort)
[ Post Reply | Private Reply | To 16 | View Replies]

To: the anti-liberal

Approximately 2,000,000 assault weapons are currently in circulation in the United States. The availability of military style assault weapons poses a serious threat to the public health and safety. Most citizens, including gun owners, believe that assault weapons should not be avail- able for civilian use.

HUH??? I submit to you sir that if I was chasing you down the street with a single shot .22 it would be an assault! It just wouldn't last long. Perhaps if I used a brick...AN Assault BRICK! Don't believe they polled gun owners...bastards.


20 posted on 05/31/2005 6:24:24 PM PDT by JohnD9207 (Lead...follow...or get the HELL out of the way!)
[ Post Reply | Private Reply | To 15 | View Replies]

To: lowbridge

New England is a lost cause.


21 posted on 05/31/2005 6:56:19 PM PDT by TigersEye ("It's a Republic if you can keep it." - B. Franklin)
[ Post Reply | Private Reply | To 8 | View Replies]

To: goldstategop
They're trying to ban semi-automatic rifles on the basis of cosmetic characteristics. How pointless is that?

If it makes existing firearms illegal, there is a point

22 posted on 05/31/2005 6:58:27 PM PDT by Oztrich Boy (The Right to Buy Weapons is the Right to be Free.)
[ Post Reply | Private Reply | To 3 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson