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Old March 21, 2013, 01:52 PM   #1
Maxb49
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NYSRPA files suit in Buffalo

The New York State Rifle and Pistol Association has filed a federal case for declaratory relief in the Western District of New York. A copy of their petition can be found here: http://polhudson.lohudblogs.com/2013...ainst-gun-law/

In addition to the usual respondents, the NYSRPA has also sued the Lancaster town police chief and Erie County District Attorney Frank Sedita.
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Old March 21, 2013, 02:22 PM   #2
Glenn E. Meyer
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I have a NY question. I just read http://www.nytimes.com/2013/03/21/ny...l?ref=nyregion

The gist is Cuomo wants a change such that you can have 10 round mag but only load 7. Ridiculous is it not but it seems designed to avoid making the 7 round mag rule a de facto gun ban - which runs into Heller and McDonald problems.

However, since I don't know the NY law in detail, do they mention that you can chamber one and then top off the mag to seven?

Just curious. That's not rare for 1911s and that's not going to make a 1911 significantly less or more dangerous.

PS - good luck on the suits. Buffalo was one of my home towns. Still has a place in my feelings!

None of these people understand guns.
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Old March 21, 2013, 02:35 PM   #3
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Quote:
However, since I don't know the NY law in detail, do they mention that you can chamber one and then top off the mag to seven?
This is a blurry point for everyone. Many law enforcement officials, including the Oneida County Pistol Permit Clerk (who is against the law), read the law to set a limit of seven total bullets in the gun.

Quote:
Quote:
Just curious. That's not rare for 1911s and that's not going to make a 1911 significantly less or more dangerous.
How true, how true. Gun violence is a symptom of overall violet behavior. Fortunately, it is not common in the United States, but these laws attempt to treat the symptom instead of the disease. Restricting gun rights will have no effect one way or the other on the homicide rate. They simply limit choices available to people who have never commit a single crime in their lives.

And you're right. None of these people do understand guns.

Quote:
Quote:
PS - good luck on the suits. Buffalo was one of my home towns. Still has a place in my feelings!
Thank you! In what area of Buffalo did you reside? It's really a nice area and it's coming around.

Last edited by Glenn E. Meyer; March 21, 2013 at 02:48 PM.
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Old March 21, 2013, 02:48 PM   #4
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I first lived near UB when I went to school and then my wife and I lived in Amherst and then Tonawanda.

I miss Beef on Weck and the Anchor Bar Chicken wings.

Not to divert off the topic. I used to drool at the handguns at a store on Sheridan Drive but didn't fight through the hassle of getting one - and then we moved out of state.

PS - excuse a fumble on the reply
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Old March 21, 2013, 03:14 PM   #5
Glenn E. Meyer
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Haha - the NY Times antigun guy says Cuomo is ...

http://takingnote.blogs.nytimes.com/...g/?ref=opinion

Goes over the 7 round stupidity

Notes that the changes are because they were clueless. Also, concludes with

Quote:
Perhaps next time the governor wants to pass major legislation he should allow some actual public discussion. It could save some time, in the long run, and subsequent humiliation.
Oh, dear.
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Old March 21, 2013, 03:32 PM   #6
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Quote:
I first lived near UB when I went to school and then my wife and I lived in Amherst and then Tonawanda I miss Beef on Weck and the Anchor Bar Chicken wings.
Ah, Amherst. What a beautiful area!

Guess what I had for lunch? Beef on weck.

You can always have La Nova pizza and I think Anchor Bar wings shipped to you.
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Old March 21, 2013, 03:39 PM   #7
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This is a blurry point for everyone. Many law enforcement officials, including the Oneida County Pistol Permit Clerk (who is against the law), read the law to set a limit of seven total bullets in the gun.
Just out of curiosity, as far as you know, does the same confusion still apply to 8-10 shot revolvers?

The have been several discussions in the Revolver subforum that have been left hanging for a while now.
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Old March 21, 2013, 04:08 PM   #8
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Just out of curiosity, as far as you know, does the same confusion still apply to 8-10 shot revolvers? The have been several discussions in the Revolver subforum that have been left hanging for a while now.
Yes, there is a lot of confusion and debate over whether revolvers are covered by the ban. Fortunately it will be a moot point in a few days.
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Old March 21, 2013, 04:13 PM   #9
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Quote:
Originally Posted by NYT Editorial Page
And you can buy old Colt .45 seven-round magazines from a few limited dealers. But they’re not in wide production.
Umm, yeah, that's the ticket! 1911 magazines are "not in wide production." Just ask Colt, Wilson Combat, Chip McCormick, Springfield Armory, Remington, Ed Brown . . .

Anybody else have the sneaking suspicion that one of those "or four men in a closed room" said, " . . . but Andy, my 1911 has a seven-round magazine, and I don't want IT to be illegal. . . " ?
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Old March 21, 2013, 07:55 PM   #10
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Quote:
Originally Posted by Spats McGee
Umm, yeah, that's the ticket! 1911 magazines are "not in wide production." Just ask Colt, Wilson Combat, Chip McCormick, Springfield Armory, Remington, Ed Brown . . .
I believe he was saying that 7-round 1911 magazines are not widely available. And it's true that most of the "name" manufacturers now ship their full-size and Commander-size 1911s with 8-round magazines, but Colt still ships their 1991 series pistols with original style, 7-round mags. Check-Mate offers 1911 mags with the original 7-round, GI-style flat follower in both blue and stainless steel. So they are available, but you do have to look for them. Metalform used to offer 7-rounders a few years ago, but they may have dropped them.
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Old March 22, 2013, 11:00 PM   #11
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Just for grins

Someone posted this at another board. It is a list of crimes in New York that are considered less offensive than a person who owns magazine for a firearm that is greater than the state has deemed "enough."

Note that luring a child, 3rd degree rape, or criminally negligent homicide are somehow less offensive than the mere possession of a square metal or plastic tube with a spring in it.

Attribution: Michael Z. Williamson

Quote:
Here is a list of just some of the crimes NY finds less offensive than owning a standard capacity AR or Glock magazine (a class D felony).

120.70 - Luring a child | E Felony
121.11 - Criminal obstruction of breathing or blood circulation | A Misdemeanor
125.10 - Criminally negligent homicide | E Felony
130.20 - Sexual misconduct | A Misdemeanor
130.25 - Rape 3rd degree | E Felony
130.40 - Criminal sexual act 3rd degree | E Felony
130.52 - Forcible touching | A Misdemeanor
130.53 - Persistent sexual abuse | E Felony (repeat child molester, must be caught and convicted in two separate cases before the charges even reach this level)
130.65A - Aggravated sexual abuse 4th degree | E Felony
130.85 - Female genital mutilation | E Felony
135.05 - Unlawful imprisonment 2nd degree | A Misdemeanor
135.10 - Unlawful imprisonment 1st degree | E Felony
135.45 - Custodial interference 2nd degree | A Misdemeanor
135.50 - Custodial interference 1st degree | E Felony
135.55 - Substitution of children | E Felony (switched at birth type of thing)
135.60 - Coercion 2nd degree | A Misdemeanor
150.01 - 5th degree Arson | A Misdemeanor
150.05 - 4th degree Arson | E Felony
178.10 - 4th degree Criminal diversion of prescription medications and prescriptions | A Misdemeanor
178.15 - 3rd degree Criminal diversion of prescription medications and prescriptions | E Felony
220.28 - Use of a child to commit a controlled substance offense | E Felony
240.05 - Riot 2nd degree | A Misdemeanor
240.06 - Riot 1st degree | E Felony
240.08 - Inciting to riot | A Misdemeanor
240.10 - Unlawful assembly | B Misdemeanor
240.15 - Criminal anarchy | E Felony
240.20 - Disorderly conduct | Violation
240.61 - Placing a false bomb or hazardous substance 2nd degree | E Felony
250.45 - Unlawful surveillance 2nd degree | E felony (Hidden cams for sexual gratification)
255.25 - Incest 3rd degree | E Felony
263.11 - Possessing an obscene sexual performance by a child | E Felony
263.16 - Possessing a sexual performance by a child | E Felony
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