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Dead
August 10, 2000, 10:01 AM
http://www.state.ny.us/governor/press/year00/aug9_1_00.htm

FOR IMMEDIATE RELEASE:
August 9, 2000
GOVERNOR PATAKI SIGNS LEGISLATION TO COMBAT GUN VIOLENCE



Law Makes New York the First State in the Nation to Close the Gun Show Loophole

Governor George E. Pataki today signed into law comprehensive legislation to combat gun violence, including a provision that makes New York the first state to close the so-called gun show loophole by requiring background checks on prospective purchasers for all sales at all gun shows.

The law also requires that firearms be sold with child safety locks; imposes a State ban on assault weapons; raises the minimum age to obtain a permit to purchase a handgun to 21 years old; implements a DNA for Handguns program; establishes a gun trafficking interdiction program; and, directs a study to be conducted on "smart gun" technology.

"This important legislation will help make our streets safer by reducing gun violence in communities across our State," Governor Pataki said. "These common-sense measures will help keep guns out of the hands of criminals and away from children .

"While New York State leads the nation with a 39 percent drop in violent crime since 1994, we still have too much gun violence in our communities," the Governor said. "Each year more New Yorkers are killed by guns than die in car crashes -- and that must change. This new law will help."

Senator Frank Padavan said, "By signing this bill into law, Governor Pataki brings closure to a process that began with the massacre of children in a school playground in Stockton, California more than a decade ago. There is no place for military-style assault weapons in a civilized society. New York law now makes that crystal clear."

Assembly Speaker Sheldon Silver said, "With this new law, we finally provide New Yorkers with the common-sense gun laws that the Assembly has sought for years. This new law strengthens our efforts through the 'Ari's Law' provision I sponsored to halt gun trafficking. It also bolsters our efforts to keep guns out of our state, particularly those capable of mass destruction, and out of the hands of dangerous criminals. It mandates trigger locks on guns sold here and requires responsible gun storage so that horrible firearm accidents involving children can be prevented. And it makes the sale of weapons at gun shows subject to the same driver's license and criminal background checks as already apply to purchases made from traditional gun retailers."

Congresswoman Carolyn McCarthy said, "New York State has once again taken the lead in the nation on gun safety issues. As I've been saying for a long time, gun safety issues are bipartisan, and Governor Pataki's hard work and dedication to stopping gun violence proves it! When I'm back in Washington, I pledge to hold up Governor Pataki's gun bill to my colleagues and say, 'Look what can be done if we work together. Lives can be saved.'"

Catherine Murphy, whose 11-year-old son was accidentally shot and killed by a friend, said, "I thank Governor Pataki for inviting me to witness the signing of this very important bill. Being a Police Officer, I taught my son about gun safety and what a gun can do and how it can take your life. I've also worked since my son's death to make sure that adults understand how important it is to keep guns locked up and safely stored away from children."

Alfredo Valentin, whose 17-year-old son was shot and killed in the Bronx, said, "While I'm not the one signing this bill into law, I feel that if my son and his best friend's death and my family's work with anti-gun violence groups had an impact, then maybe today there is some meaning. For me, the most important part of the Governor's bill is the ballistics tracking system. It will help the police trace the gun and discover its origin."

Richard M. Aborn, former President, Handgun Control, Inc., and member of the Board of Directors, New Yorkers Against Gun Violence, said, "The passage of this multi-dimensional bill not only places New York State firmly at the lead of states with the most effective gun control laws in the nation, but also demonstrates precisely the sort of creative and comprehensive approach that must be taken if we are going to achieve permanent reductions in gun violence.

"Governor Pataki's leadership has proven crucial to advancing the public safety agenda. The Governor's bill smartly ties together steps to prevent gun crimes from taking place. If the highest calling of the criminal justice system is to prevent crime from occurring in the first place, which I believe it is, the Governor has certainly met that calling."

Closing the Gun Show Loophole: Effective upon the Governor's Signature

Under the federal Brady Law, sales of guns by federally licensed firearms dealers must be accompanied by a National Instant Criminal Background Check System (NICS) check on a prospective purchaser. Gun shows are not subject to the Brady Law unless a sale at the show involves a federally licensed dealer. This legislation requires similar background checks for all sales at gun shows in New York State. Effective upon the Governor's signature, New York will be the first State in the nation to close the so-called gun show loophole.

Intentional failure to comply with this requirement, in the case of the gun show operator, will result in civil action by the New York State Attorney General, carrying a fine of up to $10,000. A seller's non-compliance with this requirement is punishable as a Class A Misdemeanor. According to the FBI, 72 percent of all NICS checks are completed within 30 seconds, and 95 percent are completed within 2 hours. Since the implementation of the NICS program in 1998, 2 percent of the nearly 13 million NICS checks conducted resulted in a denial of purchases.

According to the Bureau of Alcohol Tobacco and Firearms, 14 percent of all illegal gun trafficking investigations are associated with gun shows.

Child Safety Locks: Effective on November 1, 2000

The law will require a firearms retailer to:

1) include a child safety lock ing device with all purchases;
2) post notices regarding safe storage of guns in their place of business; and
3) include gun safety information with the purchase of any gun. Failure to comply with this mandate is punishable as a Class A Misdemeanor.
According to the Center for Disease Control (CDC) the rate of firearm death in the United States of children ages 0 to 14 is nearly twelve times higher than in the 25 other industrialized nations combined. More than 800 Americans, young and old, die each year from guns shot by children under the age of 19.

Assault Weapons Ban: Effective on November 1, 2000

The new law also establishes criminal sanctions for the possession and sale of assault weapons and large capacity ammunition feeding devices in New York State. Since 1994, federal law has restricted the possession of assault weapons and large capacity ammunition clips. This measure mirrors the federal provisions and definitions of "assault weapon" and "large capacity ammunition feeding device," as well as the exclusions and exemptions applicable to each.

As a result of this legislation, State prosecutors will now be able to prosecute the possession and sale of assault weapons. It will be a Class D violent felony to possess either an assault weapon or a large capacity ammunition feeding device, and a Class D felony to unlawfully sell an assault weapon or large capacity ammunition clip that was manufactured after September 14, 1994.

Raising the Legal Age: Effective on November 1, 2000

This provision requires individuals to be 21 years old -- up from age 18 -- to obtain a permit to purchase a handgun. Exceptions are provided for certain persons under the age of 21 for participation in shooting competitions and for applicants who were honorably discharged from military service.

Each year since 1988, more than 80 percent of homicide victims 15 to 19 years of age were killed with a handgun, according to the CDC.

Criminal Purchase of a Weapon: Effective on November 1, 2000

The legislation establishes criminal sanctions for those who illegally attempt to purchase any weapon knowing they are legally barred from possessing weapons. It creates the new crime of Criminal Purchase of a Weapon, for:

1) a person who attempts to purchase any firearm when such person knows that he or she is prohibited by law from possessing such a weapon; or
2) a "straw purchaser," that is, anyone who purchases a firearm for the use of another person, who the purchaser knows is prohibited by law from possessing such a weapon. Non-compliance with this law is punishable as a Class A Misdemeanor, carrying a sentence of up to 1 year in jail and/or a fine of up to $1,000.
A report released by the Bureau of Alcohol, Tobacco and Firearms (ATF) in June 2000, stated that of the more than 1,500 investigations of illegal gun trafficking con between July 1996 and December, 1998, almost half involved a "straw purchaser." Straw purchasers were the most common subject of trafficking investigations.

DNA for Handguns: Effective on March 1, 2001

Under the Handgun DNA, handgun manufacturers who sell handguns to dealers in New York, and/or the dealers themselves must transmit shell casings from every handgun to the State Police Forensic Investigative Center. Only Maryland has enacted similar provisions.

The computer images of those shell casings will be downloaded into a digitized computer database, and will be available for comparison by law enforcement agencies attempting to trace the origins of guns used in crimes.

According to the ATF nearly 90 percent of all the guns used in crimes are handguns, and an estimated 70 percent of adult inmates reported obtaining their guns from sources other than the black market -- including retailers, family and private owners. A Congressional study of ATF data reported that 1 percent of the nation's federally licensed firearms dealers were responsible for selling nearly one-half of the guns traced to crime in 1998.

Gun Trafficking Interdiction Program: Effective on November 1, 2000

The legislation directs the State Police, in conjunction with the ATF and State Prosecutors to develop and implement a strategy for the interdiction of guns illegally entering New York State. It also requires the State Police to establish and maintain a Criminal Gun Clearinghouse, which will contain information on all guns seized by law enforcement that were used in the commission of a crime.

According to a recent Congressional study, an estimated 67 percent of the guns traced to crimes committed in New York State in 1999 originated outside the State, and more than 81 percent of the guns traced to crimes in New York City in 1999 originated in other states. Most of those illegal guns were traced to Virginia, Florida, Georgia, and South Carolina.

Failure to Report Lost or Stolen Guns: Effective on November 1, 2000

The legislation requires all lost or stolen guns to be reported to police within 24 hours of discovery. Timely reporting allows law enforcement to launch an immediate investigation in order to trace the gun before it is used in a crime, and/or causes injury or death. Failure to comply with this reporting requirement is a violation, punishable by a fine of up to $100. According to a 1997 report by the National Institute of Justice, 13 percent of more than 7,000 arrestees interviewed in eleven major urban areas in the United States reported having stolen a gun.

"Smart Gun" Study: Effective upon the Governor's Signature

The legislation directs the State Police, in conjunction with the ATF and the National Law Enforcement and Correction Technology Law, to conduct a comprehensive study of the availability and effectiveness of existing technology for the use of personalized firearms, commonly known as "smart guns," which may only be fired by the authorized user. The State Police are required to submit a written report to the Governor and the Legislature no later than October 1, 2001.

Senator Nick Spano said, "Every day, we read about shootings across the country and all too often, it's children who are pulling the trigger. This bill puts common-sense measures in place to prevent these needless tragedies from happening."

Assemblywoman Naomi Matusow said, "With this law, we are taking a great step forward in our efforts to curb gun violence. The assault weapon ban, which I have sought throughout my tenure and the Assembly has passed time and time again, is a vital component of this package and I have no doubt that it will result in safer streets and communities."

Senator Kemp Hannon said, "This measure will help protect children and help prevent families from being torn apart by gun violence."

Assemblyman Harvey Weisenberg said, "For the past seven years the Assembly has passed legislation promoting the safe storage of firearms to ensure that children do not have access to loaded guns. This common-sense measure will go a long way in preventing senseless gun violence and the resulting pain and suffering."

Senator Roy Goodman said, "I congratulate Governor Pataki on his leadership in passing the most far reaching package of gun controls in the country. I am pleased to have been a sponsor of this most significant legislation."

Assemblyman Joseph Lentol said, "This groundbreaking gun legislation will save lives, while protecting the rights of law abiding gun owners across the state. Only those criminals who are trafficking in illegal weapons need to fear the long arm of the law."

Senator Guy Velella. "Gun violence is tearing too many communities apart. This comprehensive new law will protect our families from guns while combating the scourge of illegal weapons."

Assemblyman Roger Green said, "For too long gun violence has been plaguing our communities, robbing children of their futures and causing immeasurable pain and suffering for their families. I am certain that this long overdue law will reduce the number of guns on our streets and save the lives of children throughout this state."



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Dead [Black Ops]

Dead
August 10, 2000, 10:03 AM
Wonder how this would affect the SAR-1, and the likes?

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Dead [Black Ops]

dZ
August 10, 2000, 10:18 AM
All Preban SAWs are illegal to possess??????


<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Assault Weapons Ban: Effective on November 1, 2000

The new law also establishes criminal sanctions for the possession and sale of assault weapons and large capacity ammunition feeding devices
in New York State. Since 1994, federal law has restricted the possession of assault weapons and large capacity ammunition clips. This measure
mirrors the federal provisions and definitions of "assault weapon" and "large capacity ammunition feeding device," as well as the exclusions and
exemptions applicable to each.

As a result of this legislation, State prosecutors will now be able to prosecute the possession and sale of assault weapons. It will be a Class D
violent felony to possess either an assault weapon or a large capacity ammunition feeding device, and a Class D felony to unlawfully sell an
assault weapon or large capacity ammunition clip that was manufactured after September 14, 1994.[/quote]

the US legal definition of a SAW:
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>SEMIAUTOMATIC ASSAULT WEAPONS and
LARGE CAPACITY AMMUNITION FEEDING
DEVICES under Title 18, UNITED STATES CODE, CHAPTER
44 as amended by Public Law 103-322 The Violent Crime Control
and Law Enforcement Act of 1994
(enacted September 13, 1994)

§ 921(a)(30) The term 'semiautomatic assault weapon'
means:

(A) any of the firearms, or copies or duplicates of the
firearms in any caliber, known as -

(i) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil
(iii) Beretta Ar70 (SC70);
(iv) Colt AR-15; (v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG
(viii) INTRATEC TEC-9, TEC DC-9, and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;

(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at
least 2 of -

(i) a folding or telescopic stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor;
and
(v) a grenade launcher;

(C) a semiautomatic pistol that has ability to accept a detachable magazine and has at
least 2 of -

(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward
handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that
permits the shooter to hold the firearm with the nontrigger hand without being burned;
(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded ; and
(v) a semiautomatic version of an automatic firearm; and

(D) a semiautomatic shotgun that has at least 2 of -
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.

§ 922(v)(1) It shall be unlawful for a person to manufacture, transfer, or possess a
semiautomatic assault weapon.

(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic
assault weapon otherwise lawfully possessed under Federal law on the date of the
enactment of this subsection.

(3) Paragraph (1) shall not apply to -

(A) any of the firearms, or replicas or duplicates of the firearms, specified in Appendix A
to this section, as such firearms were manufactured on October 1, 1993;
(B) any firearm that -

(i) is manually operated by bolt, pump, lever, or slide action;
(ii) has been rendered permanently inoperable; or
(iii) is an antique firearm.

(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more
than 5 rounds of ammunition; or

(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a
fixed or detachable magazine.

The fact that a firearm is not listed in Appendix A shall not be construed to mean that
paragraph (1) applies to such firearm. No firearm exempted by this subsection shall be
deleted from Appendix A so long as this subsection is in effect.

(4) Paragraph (1) shall not apply to -

(A) the manufacture for, transfer to, or possession by the United States or a department
or agency of the United States or a State or a department, agency, or political
subdivision of a State, or a transfer to or possession by a law enforcement officer
employed by such an entity for purposes of law enforcement (whether on or off duty);

(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes
of establishing and maintaining an on-site physical protection system and security
organization required by Federal law, or possession by an employee or contractor or
such licensee on-site for such purposes of off-site for purposes of licensee-authorized
trainig or transportation of nuclear materials;

(C) the possession, by an individual who is retired from service with a law enforcement
agency and is not otherwise prohibited form receiving a firearm, of a semiautomatic
assault weapon transferred to the individual by the agency upon such retirement; or

(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a
licensed manufacturer or licensed imported for the purposes of testing or
experimentation authorized by the Secretary.

§ 923(i) ... The serial number of any semiautomatic assault weapon manufactured after
the date of the enactment of this sentence shall clearly show the date on which the
weapon was manufactured.

§ 924(c)(1) Whoever, during and in relation to any crime of violence or drug trafficking
crime (including a crime of violence or drug trafficking crime which provides for an
enhanced punishment if committed by the use of a deadly or dangerous weapon or
device) for which he may be prosecuted in a court of the United States, uses or carries a
firearm, shall in addition to the punishment provided for such crime of violence or drug
trafficking crime, be sentenced to imprisonment for five years, and if the firearm is a
short-barreled rifle, short barreled shotgun, or semiautomatic assault weapon to
imprisonment for ten years...

18 U.S.C. Chapter 44

921(a)(31) The term 'large capacity ammunition feeding device' -

(A) means a magazine, belt, drum, feed strip, or similar device manufactures after the
date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 that
has a capacity of, or that can be readily restored or converted to accept, more than 10
rounds of ammunition: but

(B) does not include an attached tubular device designed to accept, and capable of
operating only with .22 caliber rimfire ammunition.

§ 922(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to
transfer or posses a large capacity ammunition feeding device.

(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity
ammunition feeding devices otherwise lawfully possessed on or before the date of the
enactment of this subsection.

(3) This subsection shall not apply to --

(A) the manufacture for, transfer to, or possession by the United States or a department
or agency of the United States or a department or a State or a department, agency or
political subdivision of a State, or transfer to or possession by a law enforcement officer
employed by such an entity for purposes of law enforcement (weather on or off duty);

(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes
of establishing and maintaining an on-site physical protection system and security
organization required by Federal law, or possession by an employee or contractor or
such licensee on-site for such purposes of off-site for purposes of licensee-authorized
trainig or transportation of nuclear materials;

(C) the possession, by an individual who is retired from service with a law enforcement
agency and is not otherwise prohibited from receiving ammunition, of a large capacity
ammunition feeding device transferred to the individual by the agency upon such
retirement; or

(D) the manufacture, transfer, or possession of any large capacity ammunition feeding
device by a licensed manufacturer or licensed importer for the purposes of testing or
experimentation authorized by the Secretary.

(4) If a person charged with violating paragraph (1) asserts that paragraph (1) does not
apply to such person because of paragraph (2) or (3), the Government shall have the
burdon of proof to show that such paragraph (1) applies to such a person. The lack of a
serial number as described in section 923(i) of title 18, United States Code, shall not be
a presumption that the large capacity ammunition feeding device is not subject to the
prohinition of possesion in paragraph (1).

§ 923(i) ... A large capacity ammuniiton feeding device manufactured after the date of
the enactment of this sentence shall be identified by a serial number that clearly shows
that the device was manufactured or imported after the effective date of this subsection,
and such other identification as the Secretary may by regulation prescribe.[/quote]

ctdonath
August 10, 2000, 07:21 PM
All Preban SAWs are illegal to possess??????

NO, the law does NOT make previously legal guns illegal. Your previously legal "assault weapon" remains legal.

What it does do is make violations of the federal "assault weapons" ban a state crime. Where posession of a "post-ban assault weapon" was a federal offense, it is now also a violent felony under NY state law.

The screwy part is the definition of "assault weapon" under NY law: if it was lawfully posessed (by essentially anyone, anywhere, anytime) prior to 9/14/94, it is (get this) NOT an "assault weapon" by definition.

Theoretically, nobody has anything to worry about.

There is, unfortunately, a serious matter which nobody is discussing:

While posession of a "pre-'94-ban assault weapon" remains legal, the state has specified a violent felony which is remarkably and dangerously similar to that legal behavior. Since the difference between legal posession of (say) an AR-15 and the violent felony of posessing an AR-15 is the age of the gun - a difference which will normally require analysis of records unavailable to the police on the spot - and since a "violent felony" is a very serious charge which the police cannot easily dismiss out of hand, police will generally be obligated to arrest anyone seen with an AR-15 (or anything else that appears to be an "assault weapon"), subject them to violent felony arrest, and leave the matter up to a judge to decide.

Anyone wanna file a lawsuit over this matter? to wit, the chilling of a state-recognized civil right by severly criminalizing behavior that is virtually indistinguishable from wholly lawful behavior.

Dead
August 10, 2000, 07:44 PM
If that is true I might be getting arrested soon. As I shoot pre-bans in NY all the time. Time will tell, hope that isnt true.


Wonder how this would affect firearms that are Post-ban, but look like Pre-ban (i.e. SAR-1)

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Dead [Black Ops]

[This message has been edited by Dead (edited August 10, 2000).]

BW
August 11, 2000, 03:14 PM
The federal ban spells out the diffenence between previously legally possessed weapons, uses wording like "Semi-Automatic Weapons" and "grandfathered". I see no nomeclature like this in the state ban. I am, to say the least, nervous at how this will play out.

ctdonath
August 13, 2000, 09:07 AM
NO, the law does NOT make previously legal guns illegal.a

OOOPS, I WAS WRONG.

A subtle difference between the NY and federal AW-ban law does in fact make recently legal guns illegal!!!

The new law defines the receivers of popular "assault weapons" - like the AR-15, AK-47, AUG, etc - as the assault weapon itself. Doesn't matter whether a flash suppressor or pistol grip is attached, it's a violent felony to possess that receiver. Meaning any gun considered an AR-15, AK-47, AUG, or other named style is illegal because it contains the forbidden receiver.

If your black-ugly-gun was made after 9/14/94 and you possess it in NY, contact a lawyer NOW.

ctdonath
August 13, 2000, 09:10 AM
BTW: all guns & receivers made before 9/14/94 remain legal. Good luck explaining to the cops that you are not committing a violent felony because the blackuglygun they caught you possessing was made before that date.

Jeff Thomas
August 13, 2000, 03:37 PM
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Senator Frank Padavan said, "By signing this bill into law, Governor Pataki brings closure to a process that began with the massacre of children in a school playground in Stockton, California more than a decade ago.[/quote]

No, Frank, this won't bring closure. Those of us that have been keeping track of all the firearms legislation in this country realize full well that 'closure' will only come about when we see a complete registration and then confiscation ala Great Britain and Australia. This crap will never end until the gun bigots have pushed it to their logical conclusion. Anyone not concerned about this inexorable trend is either not paying attention, or simply does not value the RKBA.

And, the FBI says NICS checks are often complete in 30 seconds? More BS. Ever watch an FFL on hold? ... I'll bet they're not counting the time FFL's have to wait to simply exchange information with the system. Lies, lies and more lies.

I'm so sorry to hear about this travesty in NY. And, I'm sorry for the rest of us as well ... the nutcases start in NY and CA, and work their way to the middle. This insanity is coming to a state near you ...

Live and let live. Regards from AZ

ds1973
August 14, 2000, 12:12 PM
What if your bre-ban AR-15 (made in the '80's) was bought in say 1997 from someone out of state who legally possessed it before the ban? The law doesn't seem to say anything about pre-bans being legally sold after 1994...

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The first step is registration, the second step is confiscation, the final step is subjugation.

scud
August 14, 2000, 12:42 PM
Worse of all is the designation of "violent felony" status to those who possess such. This is pure assumption of intent based legislation, I guess since we don't like our .gov they probably'd like to charge us with some of those "intent" laws proactively. How can mere possession of anything be violent ? I could understand violent possession if you ran around w/ your AK cracking people over the head with it all the time but this is very very wrong. There is no telling how much time they'd try to stick you with. No need for a crime to even be committed. This is the legislation that will soon be used against all guns. It is my feeling we are but a short time till they outlaw legal possession of any firearm.

They just keep pushing :mad:

Dead
August 14, 2000, 01:41 PM
We need to Sue NY over this pure and simple! Must have a hearing BEFORE this law comes into effect on November 1st. Just the fact that one can be charged with a Violent Felony, because they simple own an Object is maddness! That alone should be enough to get this thrown out!

Oh by the way the wording in the Federal Law on "Assualt Weapons" i.e."(A) any of the firearms, or copies or duplicates of the
firearms in any caliber, known as -..... " That is basiclly the SAME wording that was in a NJ law, that was for all purposes stuck down by the court. (This was NOT appealed by the state).

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Dead [Black Ops]

ctdonath
August 14, 2000, 06:27 PM
ds1973-
The law says that if the gun was lawfully possessed before 9/14/94, it is NOT an "assault weapon". There is no indication of who had to possess it, nor where. Since the exemption is in the definition of the object, and not of the crime, and since any reasonable person would assume that the definition of what an object is itself would not change based on who possessed it, my take is that if the gun was lawfully manufactured prior to 9/14/94, the manufacturer lawfully possessed it then and therefore it is not an assault weapon...moreso since most of them were lawfully possessed at all times.

The hard part may be proving (or disproving) that it was made prior to 9/14/94.


Dead-
Sue? Sounds good...I just don't know where to start!

Bam Bam
August 14, 2000, 06:53 PM
I agree 100%. Lawsuit is the way to go. This is clearly a load of scheise (sp). How can the governor sleep at night knowing that he had a hand in making over thousands, or even tens of thousands of law-abiding citizens of his own state into "Class D violent felons"? The stupidity approaches the PETA level. Does he think Republicans of New York State now have even the illusion of credibility with the rest of the nation?

"Violent felons" that burns me up. Talk about a gratutious and egegrious (sp) insult. IMO the intent of the law is to suppress the purchase of this class of weapon NOW because of the possible panic buying should Hillary Rodham-Yamamoto be elected senator of New York City. You KNOW that it would happen. Upstaters would buy the shelves bare.

ctdonath, I disagree with your interpretation. IMO the intent of the law is that YOU YOURSELF had own (and be able to prove ownership) of the SAW in the year 1994.

Richard M. Ahorn, what an idiot. If wants a comprehensive and creative approach to stopping violence he oughta try getting kids and teenagers to read and understand these books: The New Testament, The Dhammaphada, The Baghvad Gita, The Zend-Avista, The Adi Granth, or some good books on ethics. And he could try PUNISHING AND EXCORIATING CRIMINALS too.

Well, I could go on for hours. That lawsuit idea is just the way to go. Send me an email, please. Talk-action=nothing.

Dead
August 14, 2000, 10:18 PM
AAAAAAAAAAAHHHHHHHHHHHHHhhhhhh!!!! is all I can say now! :(

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Dead [Black Ops]