zenrider wrote:
The logical disconnect of the NY State AWB.
Why was the AWB implemented? Was it just to regulate commerce? Let us read from the Bill. This section is called JUSTIFICATION. This is the reason and purpose for the bill directly from the bill:
JUSTIFICATION:
On Monday December 24, 2012, William Spengler, Jr., reported a fire to
the local fire department in Webster, NY. Then he waited with three
guns, one of which was an assault rifle,
for the firefighters to arrive. He killed two and seriously wounded
two others. Mr. Spengler was a convicted felon, and as such, was
prohibited by law from owning firearms. Somehow, he
managed to obtain them anyway. This horrendous incident, the massacre
at Sandy Hook
Elementary School in Newtown, Connecticut ten days earlier, in which
20 six and seven year-olds and 6 faculty and staff were murdered
execution-style, and other mass shootings that have occurred -
Columbine High School, where 12 students and one teacher were killed
and 21 injured, the Clackamas Town Center Mall in Oregon, where 2
people were killed and 1 wounded, the Sikh Temple in Oak Creek,
Wisconsin where 6 people were killed and 4 wounded, the Century Movie
Theater in Aurora, Colorado, where 12 people were killed and 58
wounded, and in broad daylight, Tucson. Arizona where six people were
killed and 11 wounded, including Congresswoman Gabrielle Giffords,
who was severely wounded - clearly point to the need to ban
assault-style weapons, for stricter gun control laws and increased
criminal sanctions.
This legislation: updates and improves the description of an assault
weapon; prohibits large capacity ammunition feeding devices
regardless of when they were manufactured; increases the criminal
sanction for possession of an assault weapon or large capacity
ammunition feeder from a D felony to a B felony, increases criminal
sanctions for other gun-related crimes by one felony degree, and
creates the new crime of unlawful possession of a firearm upon school
grounds in the first and second degrees.
So, the bill has a purpose to justify actions taken. The justification includes violent incidents in New York, Connecticut, Oregon, Colorado and Arizona. One of the remedial actions to alleviate these incidents is to ban "large capacity ammunition feeder devices."
So, how does the law achieve the goal of eliminating or reducing gun violence in the states mentioned by allowing New York to sell the large capacity ammunition feeder devices to states where they have been used for violent purposes?
Their new laws do nothing to stop criminals from killing people, nothing.
A summary of the New York Safe Act:
1) Bans possession of any high-capacity magazines regardless of when they were made or sold. The maximum capacity for a detachable magazine is reduced from ten rounds to seven. Magazines owned before passage of the Safe Act able to hold seven to ten rounds can be possessed, but cannot be loaded with more than seven rounds. The magazine limit takes effect April 15, 2013.
2) Ammunition dealers are required to do background checks, similar to those for gun buyers. Dealers are required to report all sales, including amounts, to the state. Internet sales of ammunition are allowed, but the ammunition will have to be shipped to a licensed dealer in New York state for pickup.
3) Requires creation of a registry of assault weapons. Those New Yorkers who already own such weapons would be required to register their guns with the state.
4) Requires any therapist who believes a mental health patient made a credible threat of harming others to report the threat to a mental health director, who would then have to report serious threats to the state Department of Criminal Justice Services. A patient's gun could be taken from him or her.
5) Stolen guns are required be reported within 24 hours. Failure to report can result in a misdemeanor.
6) Reduces definition of "assault weapon" from two identified features to one.
7) Requires background checks for all gun sales, including by private sellers - except for sales to members of the seller's immediate family.

Makes the unsafe storage of assault weapons a misdemeanor.
9) Bans the Internet sale of assault weapons.
10) Increases sentences for gun crimes including for taking a gun on school property.
11) Increases penalties for shooting first responders (Webster provision) to life in prison without parole.
12) Limits the state records law to protect handgun owners from being identified publicly.
13) Requires pistol permit holders or owners of registered assault weapons to have them renewed at least every five years.
Let's look at a few of them.
1) Bans possession of any high-capacity magazines regardless of when they were made or sold. The maximum capacity for a detachable magazine is reduced from ten rounds to seven. Magazines owned before passage of the Safe Act able to hold seven to ten rounds can be possessed, but cannot be loaded with more than seven rounds. The magazine limit takes effect April 15, 2013.
What criminal is going to follow the law? What deranged maniac intent on killing people is going to follow the law. Based on the magazine ban in the new NY law they did nothing but put limits on the law abiding citizens of their states.
2) Ammunition dealers are required to do background checks, similar to those for gun buyers. Dealers are required to report all sales, including amounts, to the state. Internet sales of ammunition are allowed, but the ammunition will have to be shipped to a licensed dealer in New York state for pickup.
Walmart doing background checks on customers purchasing ammunition? I'd rather have Walmart do background checks on their employees.
6) Reduces definition of "assault weapon" from two identified features to one.
(further added)
NY state law defines an "assault weapon" as:
Semi-automatic rifles able to accept detachable magazines and one or more of the following: Folding or telescoping stock
Pistol grip
Bayonet mount
Flash suppressor, or threaded barrel designed to accommodate one
Grenade launcher (more precisely, a muzzle device that enables launching or firing rifle grenades, though this applies only to muzzle mounted grenade launchers and not those mounted externally).
Semi-automatic pistols with detachable magazines and one or more of the following: Magazine that attaches outside the pistol grip
Threaded barrel to attach barrel extender, flash suppressor, handgrip, or suppressor
Barrel shroud that can be used as a hand-hold
Unloaded weight of 50 oz (1.4 kg) or more
A semi-automatic version of a fully automatic firearm.
Semi-automatic shotguns with one or more of the following: Folding or telescoping stock
Pistol grip
Fixed capacity of more than 5 rounds
Detachable magazine.
"Large Capacity Feeding Device" is any belt, drum, strip, magazine, or similar instrument used to feed ammunition into a firearm that has a capability of holding more than seven rounds.
Take any of those things off any weapon that has them and you have done nothing to reduce the effective killing capacity of the weapon, NOTHING. Those things do not in any way enhance the firepower of the weapon. Oh but they 'look' scary so we have to outlaw them. A bayonet lug? Really? How any killers ran out of rounds and hollered out 'Fix bayonets.' Idiots.
5) Stolen guns are required be reported within 24 hours. Failure to report can result in a misdemeanor.
Nothing like making criminals out of law abiding citizens.
Nothing in the law does a single thing to stop criminals from killing. Nothing in the law stops deranged homocidal maniacs from going to a school and kill kids. Nothing in the law does anything to limit crimes. All it does is put further restrictions on law abiding citizens. Oh and raises the fees to follow the law. Until common sense and serious debate about the issue happen, nothing will change.