Hey folks...for any of my fellow NYers, here's what we have to look forward to...NYS isn't waiting around for Eric Holder and Obama to ram through another AWB, it seems we're gonna get a new one of our own.
http://assembly.state.ny.us/leg/?bn=A06294
Among the highlights:
You would be required to either render your weapon inoperable, surrender it to police, or register is in a ballistic database; which according to the text would involve the following: "RULES AND REGULATIONS SHALL, AT A MINIMUM, SPECIFY PROCEDURES BY WHICH THE OWNER OF AN ASSAULT WEAPON LAWFULLY POSSESSED PRIOR TO JULY FIRST, TWO THOUSAND TEN IS TO DELIVER AN ASSAULT WEAPON AND VERIFICATION OF A BACKGROUND CHECK REQUIRED BY 18 USC S 922 TO THE REGIONAL PROGRAM FOR TESTING AND PROMPT RETURN."
So in other words, we would all have to surrender guns we already own "for testing", and undergo ANOTHER background check...never mind the fact that an NICS check was required to buy the damn guns in the first place. And then "deliver" the gun for testing and "prompt return"...I wonder what their definition of "prompt" is. This is unbelievable. Other versions of this bill have passed the assembly in both 2007 and 2008...they keep adding more and more **** to it. My personal favorite is that they are now including rimfire semi-autos! My 10/22 is now an "assault weapon".
S 2. Subdivision 22 of section 265.00 of the penal law is REPEALED and
5 a new subdivision 22 is added to read as follows:
6 22. "ASSAULT WEAPON" MEANS ANY:
7 (A) SEMI-AUTOMATIC OR PUMP-ACTION RIFLE THAT HAS THE CAPACITY TO
8 ACCEPT A DETACHABLE MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
9 (I) A PISTOL GRIP;
10 (II) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
11 NON-TRIGGER HAND;
12 (III) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
13 (IV) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
14 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
15 NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT
16 ENCLOSES THE BARREL; OR
17 (V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR;
18 (B) SEMI-AUTOMATIC PISTOL, OR ANY SEMI-AUTOMATIC, CENTERFIRE RIFLE
19 WITH A FIXED MAGAZINE, THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN
20 ROUNDS OF AMMUNITION;
21 (C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
22 MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
23 (I) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
24 NON-TRIGGER HAND;
25 (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
26 (III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
27 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
28 NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT
29 ENCLOSES THE BARREL;
30 (IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR
31 (V) THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AT ANY LOCATION
32 OUTSIDE OF THE PISTOL GRIP;
33 (D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING:
34 (I) A PISTOL GRIP OR A VERTICAL HANDGRIP;
35 (II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
36 (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR
37 (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE;
38 (E) SHOTGUN WITH A REVOLVING CYLINDER; OR
39 (F) CONVERSION KIT, PART, OR COMBINATION OF PARTS, FROM WHICH AN
40 ASSAULT WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR
41 UNDER THE CONTROL OF THE SAME PERSON.
42 (G) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES, DETERMINED BY
43 RULES AND REGULATIONS OF THE SUPERINTENDENT OF STATE POLICE TO BE
44 PARTICULARLY SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. IN ADDI-
45 TION, THE SUPERINTENDENT OF STATE POLICE SHALL, BY RULES AND REGU-
46 LATIONS, DESIGNATE SPECIFIC SEMI-AUTOMATIC CENTERFIRE OR RIMFIRE RIFLES
47 OR SEMI-AUTOMATIC SHOTGUNS, IDENTIFIED BY MAKE, MODEL, AND MANUFACTUR-
48 ER'S NAME, TO BE WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPER-
49 INTENDENT OF STATE POLICE DETERMINES THAT SUCH WEAPONS ARE PARTICULARLY
50 SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. A LIST OF ASSAULT WEAP-
51 ONS, AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, SHALL BE MADE
52 AVAILABLE ON A REGULAR BASIS TO THE GENERAL PUBLIC.
53 PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS
54 BEEN RENDERED PERMANENTLY INOPERABLE.
55 S 3. Section 265.00 of the penal law is amended by adding three new
56 subdivisions 24, 25 and 26 to read as follows:
A. 6294 3
1 24. "DETACHABLE MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE, THE
2 FUNCTION OF WHICH IS TO DELIVER ONE OR MORE AMMUNITION CARTRIDGES INTO
3 THE FIRING CHAMBER, WHICH CAN BE REMOVED FROM THE FIREARM WITHOUT THE
4 USE OF ANY TOOL, INCLUDING A BULLET OR AMMUNITION CARTRIDGE.
5 25. "MUZZLE BRAKE" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A WEAPON
6 THAT UTILIZES ESCAPING GAS TO REDUCE RECOIL.
7 26. "MUZZLE COMPENSATOR" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A
8 WEAPON THAT UTILIZES ESCAPING GAS TO CONTROL MUZZLE MOVEMENT.
9 S 4. Section 265.20 of the penal law is amended by adding a new subdi-
10 vision e to read as follows:
11 E. POSSESSION OF AN ASSAULT WEAPON ON PROPERTY OWNED OR IMMEDIATELY
12 CONTROLLED BY THE PERSON, OR WHILE ON THE PREMISES OF A LICENSED
13 GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL
14 USE OF THE ASSAULT WEAPON AT A DULY LICENSED FIRING RANGE, OR WHILE
15 TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED
16 SUCH WEAPON PRIOR TO JULY FIRST, TWO THOUSAND TEN AND WHO, PRIOR TO
17 OCTOBER FIRST, TWO THOUSAND TEN:
18 1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR
19 2. SURRENDERS THE ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT
20 AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI-
21 SION A OF THIS SECTION; OR
22 3. REGISTERS THE ASSAULT WEAPON AS PROVIDED FOR IN SUBDIVISION SEVEN
23 OF SECTION THREE HUNDRED NINETY-SIX-FF OF THE GENERAL BUSINESS LAW.
24 S 5. Subdivision 7 of section 396-ff of the general business law is
25 renumbered subdivision 8 and a new subdivision 7 is added to read as
26 follows:
27 (7) THE DIVISION OF STATE POLICE SHALL NO LATER THAN JULY FIRST, TWO
28 THOUSAND TEN, PROMULGATE RULES AND REGULATIONS FOR THE ADDITION OF
29 INFORMATION IDENTIFYING ASSAULT WEAPONS LAWFULLY POSSESSED PRIOR TO
30 JANUARY FIRST, TWO THOUSAND TEN TO THE DATABANK ESTABLISHED BY THIS
31 SECTION. SUCH RULES AND REGULATIONS SHALL, AT A MINIMUM, SPECIFY PROCE-
32 DURES BY WHICH THE OWNER OF AN ASSAULT WEAPON LAWFULLY POSSESSED PRIOR
33 TO JULY FIRST, TWO THOUSAND TEN IS TO DELIVER AN ASSAULT WEAPON AND
34 VERIFICATION OF A BACKGROUND CHECK REQUIRED BY 18 USC S 922 TO THE
35 REGIONAL PROGRAM FOR TESTING AND PROMPT RETURN. UPON RECEIPT OF THE
36 SEALED CONTAINER AND INSPECTION OF A CERTIFICATE PROVING THAT A BACK-
37 GROUND CHECK HAS BEEN CONDUCTED AND THE OWNER IS NOT PROHIBITED FROM
38 POSSESSING A FIREARM, THE DIVISION OF STATE POLICE SHALL CAUSE TO BE
39 ENTERED IN THE AUTOMATED ELECTRONIC DATABANK PERTINENT DATA, INCLUDING
40 BALLISTIC INFORMATION RELEVANT TO IDENTIFICATION OF THE SHELL CASING AND
41 TO THE ASSAULT WEAPON FROM WHICH IT WAS DISCHARGED, AND THE DATE AND
42 PLACE OF THE BACKGROUND CHECK AND THE NAME OF THE INDIVIDUAL WHO
43 CONDUCTED SUCH BACKGROUND CHECK.
44 S 6. Severability. If any provision or term of this act is for any
45 reason declared unconstitutional or invalid or ineffective by any court
46 of competent jurisdiction, such decision shall not affect the validity
47 or the effectiveness of the remaining portions of this act or any part
48 thereof.
49 S 7. This act shall take effect July 1, 2010; provided that the divi-
50 sion of state police is authorized to promulgate any and all rules and
51 regulations and take any other measures necessary to implement this act
52 on its effective date on or before such date.