Posted on 01/15/2013 8:17:18 PM PST by kiryandil
Did the New York state legislature just accidentally make it a crime to merely OWN a firearm?
See page 22 of the posted bill, s2230:
§ 41-a. The penal law is amended by adding a new section 265.01-b to 5 read as follows:
6 § 265.01-b Criminal possession of a firearm.
7 A person is guilty of criminal possession of a firearm when he or she:
8 (1) possesses any firearm or; (2) lawfully possesses a firearm prior to
9 the effective date of the chapter of the laws of two thousand thirteen
10 which added this section subject to the registration requirements of
11 subdivision sixteen-a of section 400.00 of this chapter and knowingly
12 fails to register such firearm pursuant to such subdivision.
13 Criminal possession of a firearm is a class E felony.
(Excerpt) Read more at nytimes.com ...
Yup - I used to work next door to them in yonkers.
Not a big place at all.
This disgusting pofs in Albany just put thousands out of work.
Looks that way to me too. That “and” on line 11 comes way after the part about “any firearm” that ends with a semicolon.
When government makes criminals out of people who are simply living their lives, they will cease to be taken seriously.
It’s long overdue for NY, but this should do it.
A family member in NY had his rifles confiscated a few years ago. He was arrested on a bogus stalking charge (the woman was mentally ill) They (courts) told him to turn in his rifles until the case was over. The woman never showed up for court and the case was dismissed. He never got his rifles back.
His lawyer claimed that since he was unemployed at the time it would be difficult to convince the judge to return the rifles. Bogus all around.
The semi-colom before the (2) would seem to mean that the and doesn’t apply to the (1).
A family member in NY had his rifles confiscated a few years ago. He was arrested on a bogus stalking charge (the woman was mentally ill) They (courts) told him to turn in his rifles until the case was over. The woman never showed up for court and the case was dismissed. He never got his rifles back.
His lawyer claimed that since he was unemployed at the time it would be difficult to convince the judge to return the rifles. Bogus all around.
Yes, there's a class action lawsuit in the works and I just signed up to be a part of it. I believe Cuomo's draconian and unconstitutional gun bill will be overturned and Cuomo's first big Presidential campaign move turns into a huge embarrassment!
What would computer language do with the semi-colon before (2)?
I recall that little interaction in that book very well...
I have a thought, and certainly anyone is free to chime in and debunk, or add to the thought...
Maybe the intent is to NOT enforce on an overall level, but to sytematically setup targeted efforts and spin the web to catch the few stupid enough to fall into those traps...Then move on, change the landscape,make travel and other commerce at the behest of these surgical “enforcement” efforts???
Since the overall idea os to disarm the general public to the point that it will be bred into the psychy of the populace thagt guns are evil and those that posess them are criminals, lower than pond scum...
So I say lets not fight the PR war, we will lose that one, if we have not already lost it anyway...
If we believe that the enforcement effort, at whatever level they choose to implement it is un-Constitutional to begin with, is it therefore acceptable to utilize force, or deadly force against it, either as a reactionary condition, or should those efforts be sought out and engaged???
Honestly we need to stop dancing around this (unmentionable) response we may very well need to address...The people did not create the governments infringement on ourselves, we did elect these people to office that ARE the ones taking away the very core of our ability to be free men and women in this country...And that is obviously not something the founding fathers intended this to go...
So, we have a distinct difference of opinion with the government, AND those that elected the folks supporting this effort...
A historical lesson (fact) comes to light again in this country...
Brother against brother, father against son, nieghbor against nieghbor...sans a gender inclusive example...But this is what we are now up against, again...
And the ones who created this conflict, seeded it...So it narrows our focus, so to speak...
Can we correct this at the ballot bow??? Sure...
Can we afford to wait a year and a half to send that message to the government??? Can we outlast them???
Will we succeed???
I have my doubts...
All of this, of course, is just my opinion...No offense intended...
But we need to get serious about this, and a lot of folks needed to do this a long time ago...
That law would outlaw possession of a firearm for police and the military, including the Secret Service.
Hmm. Deliberate lawsuit-bait, perhaps? Curiouser and curiouser.
It’s time for a re-set. Frankly, I hope the secession movement takes hold. Take the old Confederate States along with a few other liberty-loving states or regions and form a constitutional republic. Craft an ironclad constitution that is even harder to amend than our current one. Let those who don’t like it and feel “stuck” there (south Floridians, North Carolinians, etc.) emigrate to New York, Illinois, California, Massachusetts or some other Socialist bastion (other words come to mind).
I really do not think there is any hope for freedom in the U.S. as it presently exists. It is too large and ungovernable without the massive trampling of individual liberties that is and has been happening before our very eyes.
Looks that way and considering the Dems are in charge, sounds about right that Dems would take 41 pages to declare something banned.
“Wouldn’t this automatically be struck down as unconstitutional then?”
You say that as if most of the members of the SCOTUS are sane and reasonable. When Roberts voted in favor of the Obamacare mandate, all bets were off.
I am firmly convinced that Kagan, Sotomeyer, and probably Ginsburg would support ANYTHING Obama tries to do. Robertsl, for whatever reason, would probably join them.
ANYTHING!
I believe he could pronounce himself dictator with no term limits and they would somehow “find” language in the constitution that “supports” it.
Note registration requirements lines 9 thru 13 -—400 .. 16a...:
9 the effective date of the chapter of the laws of two thousand thirteen
10 which added this section subject to the registration requirements of
11 subdivision sixteen-a of section 400.00 of this chapter and knowingly
12 fails to register such firearm pursuant to such subdivision.
13 Criminal possession of a firearm is a class E felony.
Note 400, 16a
http://open.nysenate.gov/legislation/bill/S2230-2013
p33
snip
16-A. REGISTRATION. (A) AN OWNER OF A WEAPON DEFINED IN PARAGRAPH (E)
OR (F) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER,
POSSESSED BEFORE THE DATE OF THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, MUST MAKE AN
APPLICATION TO REGISTER SUCH WEAPON WITH THE SUPERINTENDENT OF STATE
POLICE, IN THE MANNER PROVIDED BY THE SUPERINTENDENT, OR BY AMENDING A
LICENSE ISSUED PURSUANT TO THIS SECTION WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF THIS SUBDIVISION EXCEPT ANY WEAPON DEFINED UNDER SUBPARAGRAPH
(VI) OF PARAGRAPH (G) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OF
THIS CHAPTER TRANSFERRED INTO THE STATE MAY BE REGISTERED AT ANY TIME,
PROVIDED SUCH WEAPONS ARE REGISTERED WITHIN THIRTY DAYS OF THEIR TRANS
FER INTO THE STATE. REGISTRATION INFORMATION SHALL INCLUDE THE REGIS
TRANT’S NAME, DATE OF BIRTH, GENDER, RACE, RESIDENTIAL ADDRESS, SOCIAL
SECURITY NUMBER AND A DESCRIPTION OF EACH WEAPON BEING REGISTERED. A
REGISTRATION OF ANY WEAPON DEFINED UNDER SUBPARAGRAPH (VI) OF PARAGRAPH
(G) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OR A FEEDING DEVICE AS
DEFINED UNDER SUBDIVISION TWENTY-THREE OF SECTION 265.00 OF THIS CHAPTER
SHALL BE TRANSFERABLE, PROVIDED THAT THE SELLER NOTIFIES THE STATE
POLICE WITHIN SEVENTY-TWO HOURS OF THE TRANSFER AND THE BUYER PROVIDES
THE STATE POLICE WITH INFORMATION SUFFICIENT TO CONSTITUTE A REGISTRA
TION UNDER THIS SECTION. SUCH REGISTRATION SHALL NOT BE VALID IF SUCH
REGISTRANT IS PROHIBITED OR BECOMES PROHIBITED FROM POSSESSING A FIREARM
PURSUANT TO STATE OR FEDERAL LAW. THE SUPERINTENDENT SHALL DETERMINE
WHETHER SUCH REGISTRANT IS PROHIBITED FROM POSSESSING A FIREARM UNDER
STATE OR FEDERAL LAW. SUCH CHECK SHALL BE LIMITED TO DETERMINING WHETH
ER THE FACTORS IN 18 USC 922 (G) APPLY OR WHETHER A REGISTRANT HAS BEEN
CONVICTED OF A SERIOUS OFFENSE AS DEFINED IN SUBDIVISION SIXTEEN-B OF
SECTION 265.00 OF THIS CHAPTER, SO AS TO PROHIBIT SUCH REGISTRANT FROM
POSSESSING A FIREARM, AND WHETHER A REPORT HAS BEEN ISSUED PURSUANT TO
SECTION 9.46 OF THE MENTAL HYGIENE LAW. ALL REGISTRANTS SHALL RECERTIFY
TO THE DIVISION OF STATE POLICE EVERY FIVE YEARS THEREAFTER. FAILURE TO
RECERTIFY SHALL RESULT IN A REVOCATION OF SUCH REGISTRATION.
(B) THE SUPERINTENDENT OF STATE POLICE SHALL CREATE AND MAINTAIN AN
INTERNET WEBSITE TO EDUCATE THE PUBLIC AS TO WHICH SEMIAUTOMATIC RIFLE,
SEMIAUTOMATIC SHOTGUN OR SEMIAUTOMATIC PISTOL OR WEAPON THAT ARE ILLEGAL
AS A RESULT OF THE ENACTMENT OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
THIRTEEN WHICH ADDED THIS PARAGRAPH, AS WELL AS SUCH ASSAULT WEAPONS
WHICH ARE ILLEGAL PURSUANT TO ARTICLE TWO HUNDRED SIXTY-FIVE OF THIS
CHAPTER. SUCH WEBSITE SHALL CONTAIN INFORMATION TO ASSIST THE PUBLIC IN
RECOGNIZING THE RELEVANT FEATURES PROSCRIBED BY SUCH ARTICLE TWO HUNDRED
SIXTY-FIVE, AS WELL AS WHICH MAKE AND MODEL OF WEAPONS THAT REQUIRE
REGISTRATION.
(C) A PERSON WHO KNOWINGLY FAILS TO APPLY TO REGISTER SUCH WEAPON, AS
REQUIRED BY THIS SECTION, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH
SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND SUCH PERSON WHO UNKNOWINGLY
S. 2230 34 A. 2388
FAILS TO VALIDLY REGISTER SUCH WEAPON WITHIN SUCH ONE YEAR PERIOD SHALL
BE GIVEN A WARNING BY AN APPROPRIATE LAW ENFORCEMENT AUTHORITY ABOUT
SUCH FAILURE AND GIVEN THIRTY DAYS IN WHICH TO APPLY TO REGISTER SUCH
WEAPON OR TO SURRENDER IT. A FAILURE TO APPLY OR SURRENDER SUCH WEAPON
WITHIN SUCH THIRTY-DAY PERIOD SHALL RESULT IN SUCH WEAPON BEING REMOVED
BY AN APPROPRIATE LAW ENFORCEMENT AUTHORITY AND DECLARED A NUISANCE.
16-B. THE COST OF THE SOFTWARE, PROGRAMMING AND INTERFACE REQUIRED TO
TRANSMIT ANY RECORD THAT MUST BE ELECTRONICALLY TRANSMITTED BY THE DEAL
ER OR LICENSING OFFICER TO THE DIVISION OF STATE POLICE PURSUANT TO THIS
CHAPTER SHALL BE BORNE BY THE STATE.
Where did you sign up ? Link please.
Methinks NY just seceded from the Union with that one.
Too bad they can’t move it to Europe so they can be nice and comfy with their other socialist friends.
I feel bad for any patriotic American stuck in that crap hole and trying to live there.
“You may think you’re safe because you live in a state that is very lax on gun laws right now, but the brash boldness and blatant disregard for hte constitution displayed in NY’’s bill will be coming to your towns soon- now that NY has gotten away with violating it’s citizen’s constitutional rights, it’s game over for hte rest of the coutnry too- oh there might be a few hold outs, but when the federal govwenrment begins withholdign federal dollars- you governors WILL cave in-”
BS. Just because you live in a crappy state doesn’t mean everyone lives in a crappy state. So speak for yourself.
The definition of “firearms” by New York State Law
Article 265 - New York State Penal Law states:
3. “Firearm” means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d)any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon. For the purpose of this subdivision the length of the
barrel on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breechlock when closed and when the shotgun or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the distance
between the extreme ends of the weapon measured along a line parallel to the center line of the bore. Firearm does not include an antique firearm.
1803 - St. George Tucker, Blackstone's Commentaries
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