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AW Ban passes New York House....

Discussion in 'Uncategorized Threads' started by Brian in Oregon, Apr 25, 2007.

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  1. Brian in Oregon

    Brian in Oregon Well-Known Member

    Joined:
    Jan 29, 1998
    Messages:
    25,251
    Location:
    Deplorable Bitter Clinger in Liberal La La Land
    Wednesday, April 25, 2007<br>
    Bill Text - A07331<br>
    Back | New York State Bill Search | Assembly Home<br>
    See Bill Summary<br>
    <br>
    S T A T E O F N E W Y O R K<br>
    <br>
    <br>
    ________________________________________________________________________
    <br>
    7331<br>
    <br>
    2007-2008 Regular Sessions<br>
    <br>
    I N A S S E M B L Y<br>
    <br>
    April 10, 2007<br>
    <br>
    ___________ <br>
    <br>
    Introduced by M. of A. TITONE, KOON, LAFAYETTE, COOK -- Multi-Sponsored<br>
    <br>
    by -- M. of A. BOYLAND, GLICK, D. GORDON, GOTTFRIED, MAYERSOHN, PERRY<br>
    <br>
    -- read once and referred to the Committee on Codes<br>
    <br>
    AN ACT to amend the penal law and the general business law, in relation<br>
    <br>
    to banning the possession, sale or manufacture of assault weapons and<br>
    <br>
    to repeal subdivision 22 of section 265.00 of the penal law relating<br>
    <br>
    thereto<br>
    <br>
    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-<br>
    <br>
    BLY, DO ENACT AS FOLLOWS:<br>
    <br>
    1 Section 1. The New York state legislature finds that semi-automatic<br>
    <br>
    2 assault weapons are military-style guns designed to allow rapid and<br>
    <br>
    3 accurate spray firing for the quick and efficient killing of humans. The<br>
    <br>
    4 shooter can simply point - as opposed to carefully aim - the weapon to<br>
    <br>
    5 quickly spray a wide area with a hail of bullets. Gun manufacturers have<br>
    <br>
    6 for many years made, marketed and sold to civilians semi-automatic<br>
    <br>
    7 versions of military assault weapons designed with features specifically<br>
    <br>
    8 intended to increase lethality for military applications. As a result,<br>
    <br>
    9 approximately 2,000,000 assault weapons are currently in circulation in<br>
    <br>
    10 the United States. These weapons have been the weapon of choice in the<br>
    <br>
    11 most notorious mass shootings of innocent civilians in the United<br>
    <br>
    12 States, including the 1999 massacre at Columbine High School (TEC-DC9<br>
    <br>
    13 assault pistol and Hi-Point Carbine) and the 2002 Washington, D.C.-area<br>
    <br>
    14 sniper shootings (Bushmaster XM15 assault rifle). According to FBI data,<br>
    <br>
    15 between 1998 and 2001, one in five law enforcement officers slain in the<br>
    <br>
    16 line of duty was killed with an assault weapon. In 2003, New York lost<br>
    <br>
    17 two of its finest when undercover officers in the elite Firearms Inves-<br>
    <br>
    18 tigation Unit of the NYPD Organized Crime Control Bureau were brutally<br>
    <br>
    19 murdered while attempting to purchase an illegal TEC-9 semi-automatic<br>
    <br>
    20 assault weapon. The availability of military-style assault weapons poses<br>
    <br>
    21 a serious threat to the public health and safety. Most citizens, includ-<br>
    <br>
    EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets<br>
    <br>
    { } is old law to be omitted.<br>
    <br>
    LBD05833-01-7<br>
    <br>
    A. 7331 2<br>
    <br>
    1 ing most gun owners, believe that assault weapons should not be avail-<br>
    <br>
    2 able for civilian use.<br>
    <br>
    3 S 2. Subdivision 22 of section 265.00 of the penal law is REPEALED and<br>
    <br>
    4 a new subdivision 22 is added to read as follows: <br>
    <br>
    5 22. "ASSAULT WEAPON" MEANS ANY:<br>
    <br>
    6 (A) SEMI-AUTOMATIC OR PUMP-ACTION RIFLE THAT HAS THE CAPACITY TO<br>
    <br>
    7 ACCEPT A DETACHABLE MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:<br>
    <br>
    8 (I) A PISTOL GRIP;<br>
    <br>
    9 (II) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE<br>
    <br>
    10 NON-TRIGGER HAND;<br>
    <br>
    11 (III) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;<br>
    <br>
    12 (IV) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY<br>
    <br>
    13 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE<br>
    <br>
    14 NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT<br>
    <br>
    15 ENCLOSES THE BARREL; OR<br>
    <br>
    16 (V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR;<br>
    <br>
    17 (B) SEMI-AUTOMATIC PISTOL, OR ANY SEMI-AUTOMATIC, CENTERFIRE RIFLE<br>
    <br>
    18 WITH A FIXED MAGAZINE, THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN<br>
    <br>
    19 ROUNDS OF AMMUNITION;<br>
    <br>
    20 (C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE<br>
    <br>
    21 MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:<br>
    <br>
    22 (I) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE<br>
    <br>
    23 NON-TRIGGER HAND;<br>
    <br>
    24 (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;<br>
    <br>
    25 (III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY<br>
    <br>
    26 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE<br>
    <br>
    27 NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT<br>
    <br>
    28 ENCLOSES THE BARREL;<br>
    <br>
    29 (IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR<br>
    <br>
    30 (V) THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AT ANY LOCATION<br>
    <br>
    31 OUTSIDE OF THE PISTOL GRIP;<br>
    <br>
    32 (D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING:<br>
    <br>
    33 (I) A PISTOL GRIP OR A VERTICAL HANDGRIP;<br>
    <br>
    34 (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;<br>
    <br>
    35 (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR<br>
    <br>
    36 (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE;<br>
    <br>
    37 (E) SHOTGUN WITH A REVOLVING CYLINDER;<br>
    <br>
    38 (F) CONVERSION KIT, PART, OR COMBINATION OF PARTS, FROM WHICH AN<br>
    <br>
    39 ASSAULT WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR<br>
    <br>
    40 UNDER THE CONTROL OF THE SAME PERSON; OR<br>
    <br>
    41 (G) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES, DETERMINED BY<br>
    <br>
    42 RULES AND REGULATIONS OF THE SUPERINTENDENT OF STATE POLICE TO BE<br>
    <br>
    43 PARTICULARLY SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. IN ADDI-<br>
    <br>
    44 TION, THE SUPERINTENDENT OF STATE POLICE SHALL, BY RULES AND REGU-<br>
    <br>
    45 LATIONS, DESIGNATE SPECIFIC SEMIAUTOMATIC CENTERFIRE OR RIMFIRE RIFLES<br>
    <br>
    46 OR SEMIAUTOMATIC SHOTGUNS, IDENTIFIED BY MAKE, MODEL AND MANUFACTURER`S<br>
    <br>
    47 NAME, TO BE WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPERINTEN-<br>
    <br>
    48 DENT OF STATE POLICE DETERMINES THAT SUCH WEAPONS ARE PARTICULARLY SUIT-<br>
    <br>
    49 ABLE FOR MILITARY AND NOT SPORTING PURPOSES. A LIST OF ASSAULT WEAPONS,<br>
    <br>
    50 AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, SHALL BE MADE<br>
    <br>
    51 AVAILABLE ON A REGULAR BASIS TO THE GENERAL PUBLIC.<br>
    <br>
    52 PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS<br>
    <br>
    53 BEEN RENDERED PERMANENTLY INOPERABLE.<br>
    <br>
    54 S 3. Section 265.00 of the penal law is amended by adding three new<br>
    <br>
    55 subdivisions 24, 25 and 26 to read as follows:<br>
    <br>
    A. 7331 3<br>
    <br>
    1 24. "DETACHABLE MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE, THE<br>
    <br>
    2 FUNCTION OF WHICH IS TO DELIVER ONE OR MORE AMMUNITION CARTRIDGES INTO<br>
    <br>
    3 THE FIRING CHAMBER, WHICH CAN BE REMOVED FROM THE FIREARM WITHOUT THE<br>
    <br>
    4 USE OF ANY TOOL, INCLUDING A BULLET OR AMMUNITION CARTRIDGE.<br>
    <br>
    5 25. "MUZZLE BRAKE" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A WEAPON<br>
    <br>
    6 THAT UTILIZES ESCAPING GAS TO REDUCE RECOIL.<br>
    <br>
    7 26. "MUZZLE COMPENSATOR" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A<br>
    <br>
    8 WEAPON THAT UTILIZES ESCAPING GAS TO CONTROL MUZZLE MOVEMENT<br>.
    <br>
    9 S 4. Section 265.20 of the penal law is amended by adding a new subdi-<br>
    <br>
    10 vision d to read as follows:<br>
    <br>
    11 D. POSSESSION OF AN ASSAULT WEAPON ON PROPERTY OWNED OR IMMEDIATELY<br>
    <br>
    12 CONTROLLED BY THE PERSON, OR WHILE ON THE PREMISES OF A LICENSED<br>
    <br>
    13 GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL<br>
    <br>
    14 USE OF THE ASSAULT WEAPON AT A DULY LICENSED FIRING RANGE, OR WHILE<br>
    <br>
    15 TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED<br>
    <br>
    16 SUCH WEAPON PRIOR TO JANUARY FIRST, TWO THOUSAND EIGHT AND WHO, PRIOR TO<br>
    <br>
    17 APRIL FIRST, TWO THOUSAND EIGHT:<br>
    <br>
    18 1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR<br>
    <br>
    19 2. SURRENDERS THE ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT<br>
    <br>
    20 AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI-<br>
    <br>
    21 SION A OF THIS SECTION; OR<br>
    <br>
    22 3. REGISTERS THE ASSAULT WEAPON AS PROVIDED FOR IN SUBDIVISION SEVEN<br>
    <br>
    23 OF SECTION THREE HUNDRED NINETY-SIX-FF OF THE GENERAL BUSINESS LAW.<br>
    <br>
    24 S 5. Subdivision 7 of section 396-ff of the general business law is<br>
    <br>
    25 renumbered subdivision 8 and a new subdivision 7 is added to read as<br>
    <br>
    26 follows:<br>
    <br>
    27 (7) THE DIVISION OF STATE POLICE SHALL NO LATER THAN JANUARY FIRST,<br>
    <br>
    28 TWO THOUSAND EIGHT, PROMULGATE RULES AND REGULATIONS FOR THE ADDITION OF<br>
    <br>
    29 INFORMATION IDENTIFYING ASSAULT WEAPONS LAWFULLY POSSESSED PRIOR TO<br>
    <br>
    30 JANUARY FIRST, TWO THOUSAND EIGHT TO THE DATABANK ESTABLISHED BY THIS<br>
    <br>
    31 SECTION. SUCH RULES AND REGULATIONS SHALL, AT A MINIMUM, SPECIFY PROCE-<br>
    <br>
    32 DURES BY WHICH THE OWNER OF AN ASSAULT WEAPON LAWFULLY POSSESSED PRIOR<br>
    <br>
    33 TO JANUARY FIRST, TWO THOUSAND EIGHT IS TO DELIVER AN ASSAULT WEAPON AND<br>
    <br>
    34 VERIFICATION OF A BACKGROUND CHECK REQUIRED BY 18 USC S 922 TO THE<br>
    <br>
    35 REGIONAL PROGRAM FOR TESTING AND PROMPT RETURN. UPON RECEIPT OF THE<br>
    <br>
    36 SEALED CONTAINER AND INSPECTION OF A CERTIFICATE PROVING THAT A BACK-<br>
    <br>
    37 GROUND CHECK HAS BEEN CONDUCTED AND THE OWNER IS NOT PROHIBITED FROM<br>
    <br>
    38 POSSESSING A FIREARM, THE DIVISION OF STATE POLICE SHALL CAUSE TO BE<br>
    <br>
    39 ENTERED IN THE AUTOMATED ELECTRONIC DATABANK PERTINENT DATA, INCLUDING<br>
    <br>
    40 BALLISTIC INFORMATION RELEVANT TO IDENTIFICATION OF THE SHELL CASING AND<br>
    <br>
    41 TO THE ASSAULT WEAPON FROM WHICH IT WAS DISCHARGED, AND THE DATE AND<br>
    <br>
    42 PLACE OF THE BACKGROUND CHECK AND THE NAME OF THE INDIVIDUAL WHO<br>
    <br>
    43 CONDUCTED SUCH BACKGROUND CHECK.<br>
    <br>
    44 S 6. Severability. If any provision or term of this act is for any<br>
    <br>
    45 reason declared unconstitutional or invalid or ineffective by any court<br>
    <br>
    46 of competent jurisdiction, such decision shall not affect the validity<br>
    <br>
    47 or the effectiveness of the remaining portions of this act or any part<br>
    <br>
    48 thereof.<br>
    <br>
    49 S 7. This act shall take effect January 1, 2008.<br>
     
  2. 90T3200

    90T3200 TS Member

    Joined:
    Jan 11, 2007
    Messages:
    63
    Sieg heil comrades......another anti-gun "good little comrade" subject (as opposed to citizen) control bill brought to you by the Democrats..... VOTE THEM OUT NOW!

    Just to prove how dumb the morons that wrote this bill (and ones like it) are, did they even realize Klinton's "assault weapon" ban was still in place when the shootings referenced in the bill happened!? As if it did anything to prevent those CRIMINALS from shooting people..

    But once again, the Dems want to save us from ourselves, and attack law-abiding citizens by demonizing their guns.

    MOLON LABE
     
  3. Brian in Oregon

    Brian in Oregon Well-Known Member

    Joined:
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    Messages:
    25,251
    Location:
    Deplorable Bitter Clinger in Liberal La La Land
    "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 shooter can simply point - as opposed to carefully aim - the weapon to quickly spray a wide area with a hail of bullets."<br>
    <br>
    And once these evil accurate spray fire rifles that you don't aim but simply point are gone, the next thing these geniuses will figure out is that they just described a shotgun. And they'll be next.
     
  4. Hauxfan

    Hauxfan Well-Known Member

    Joined:
    Jan 29, 1998
    Messages:
    5,091
    Another law???

    Criminals don't care about your laws.

    What in hell is the matter with these people?

    Hauxfan!
     
  5. halfmile

    halfmile Well-Known Member

    Joined:
    Jan 29, 1998
    Messages:
    15,649
    Location:
    Green Bay Wisconsin
    The real enemy is not the gun grabbing asshole politician, but the uninformed public that, like a bunch of bobble head dolls, goes along with this kind of crap. The legislators would not introduce this stuff if it were greeted on all sides with hoots of derision.

    Attack stupidity wherever you encounter it, and publicly ridicule the heresies that are the bulk of the anti gun agenda.

    "crooks don't obey gun laws" is a succinct and powerful statement that not even the staunches liberal puke can deny.

    This garbage is going to keep on coming, and needs to be met head on upon its inception.

    HM
     
  6. smsnyder

    smsnyder Well-Known Member

    Joined:
    Jan 29, 1998
    Messages:
    4,830
    how about my grandsons semi auto bb gun. is that an AW weapon?
     
  7. Michael Jobe

    Michael Jobe TS Member

    Joined:
    Jan 29, 1998
    Messages:
    592
    "According to FBI data, between 1998 and 2001, one in five law enforcement officers slain in the line of duty was killed with an assault weapon"

    Sounds terrible until you look at the FBI's numbers, and realize that amounts to roughly a dozen police officers a year. And the total number of officers killed each year works out to roughly one per state.

    http://www.fbi.gov/ucr/killed/2005/table28.htm

    Interesting that more officers were murdered in 2005 by assailants in motorvehicles than by assailants armed with rifles. I guess NY over looked that.

    Now, none of this is to make light of the slaying of police officers, but they are in a dangerous line of work, dealing with people willing to break the law and kill to keep from going to jail. LEOs are going to be hurt an murdered. Disarming you and I doesn't make them any safer.

    Michael
     
  8. blizzard

    blizzard Active Member

    Joined:
    Jan 29, 1998
    Messages:
    2,583
    i live in western ny and let me tell you, politically, this would be a completely different state if we didn't have that rathole NYC attached to us.


    brett d.
     
  9. break25

    break25 TS Member

    Joined:
    Jan 29, 1998
    Messages:
    217
    Brian, I find out more about what is going on politically on Gun Control in my state from you, than what I read in my newspapers. This is the second time if I recall correctly.THANKS. Looks like I will be having a YARD SALE on some if not all my hunting rifles.

    If it wasn't for my wife, I would have moved out of this NECULAR target area l o n g ago.

    There was a time here in the 50's when people bought property UPSTATE to be out of the 100 mile Atom Bomb Radius. Now the nuts make more leathal ones in their apartments. Let me explain UPSTATE New York. It means pass the city line.



    CHAZZ
     
  10. TommyTEREX

    TommyTEREX Member

    Joined:
    Jan 29, 1998
    Messages:
    495
    Chazz, Like you I`m stuck in this G.D. state because the wife won`t leave.

    Brian, your right on the money, if we could dump everything east of I86, we`d have a fairly decent state. When I tell people I`m from western new york, they automaticly think jew york sh**ty.

    Tom R.
     
  11. blizzard

    blizzard Active Member

    Joined:
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    Chazz and Tom, whereabouts are you guys located?


    Brett D.
     
  12. TommyTEREX

    TommyTEREX Member

    Joined:
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    Brian, I`m from Marilla, about 20 miles east of buffalo.

    Tom R.
     
  13. blizzard

    blizzard Active Member

    Joined:
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    Messages:
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    I'm about 10 mi. east of Batavia.


    Brett D.
     
  14. TommyTEREX

    TommyTEREX Member

    Joined:
    Jan 29, 1998
    Messages:
    495
    Brett, First sorry for calling you brian. One of these days I`d like to try mount morris, for now I just shoot the locals, alden, wood &brook, elma, allied, and sometimes wyoming conservation club. I hope we can beat this thing, it`s time to write the letters, and make the phone calls again.

    Tom R.
     
  15. break25

    break25 TS Member

    Joined:
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    217
    BROOKLYN
     
  16. blizzard

    blizzard Active Member

    Joined:
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    i'll be going to mt. morris for their may shoot. i love shooting there. my club isn't far from wyoming at all. we should get together sometime. i know of at least three other guys from here that will be going to mt. morris also.


    yes we need to do something. don't worry about the brian thing, i'm not. see you around.


    brett d.
     
  17. blizzard

    blizzard Active Member

    Joined:
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    may 26 and 27 is Mt. Morris. Awesome club.
     
  18. oldgahchamp

    oldgahchamp Active Member

    Joined:
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    A-7331 passed the assembly on 4/25. The good news is that there is NO Senate sponsor so this bill will go nowhere unless some NY State Senator sponsors it. Call your State Senator and tell them you are against this bill as well as any other new gun laws. Latest News .... The guy ( Travis Trimm ) who killed the NY State Trooper and wounded 2 others a few days ago was using STOLEN guns. Larry Evans
     
  19. TommyTEREX

    TommyTEREX Member

    Joined:
    Jan 29, 1998
    Messages:
    495
    Larry, Thank you for the info.

    Tom R.
     
  20. Etiquette

    Etiquette Member

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    Messages:
    113
    Earlier post!!! Check it out.

    --------------------------------------------------------------------------------
    Subject: DOGS KNOW!
    From: bigbore613
    Email:
    Date: Tue, Apr 24, 2007 - 04:53 PM CT
    Website Address:
     
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