NYS bill 6294 currently in the Assembly

[ThorntonMelon]

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 Subdivision 22 of section 265.00 of the penal law is REPEALED and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.

[Yellowfin]

What in the heck is this nonsense?!? Is there absolutely no NRA in NYS at all?!? What amount of sick disgustingness do you people allow to live there?

[alloy]

WHY do you people choose to live in such a terrible area? You should just move. Mind boggling.

[ThorntonMelon]

WHY do you people choose to live in such a terrible area? You should just move. Mind boggling.

Believe me, if I were on my own and didn't have a family to uproot, I'd be out of here so fast I'd leave a contrail behind me. Unfortunately, life is rarely that simple.

[joeb]

C'mon to Texas...

[Glenn E. Meyer]

Ranting about living in NY isn't productive.

Why not discuss how one could convince the populace to influence the legislators in NY to change the laws?

Also, if you rant about the kind of folk who live in various places in NY - that isn't useful and we will have to edit that.

So how do change the culture in a state? Recall, that the shall issue movement took time.

[Brian Pfleuger]

The great difficulty with NY state is that it is, for legislative purposes, two states.
"Upstate" is rural, small town America at its finest. Beautiful land, miles of unspoiled wilderness, everything you would expect. "Downstate" is the very definition of secular, liberal, progressives. The population center is obviously NY city, overwhelmingly. Given that situation, it tends to be the large population that, even though it physically represents a tiny portion of the state, all but controls the legislature.
The only hope for we "Upstaters" is to bring near unanimity to the legislators that represent us. We can only do that by interacting with them.

[Glenn E. Meyer]

So how do you convince liberal and secular progressives that the RKBA is important?

If the RKBA is seen only as a totem of the conservative - then you just get into tribal politics devoid of looking at the actual validity of the issue?

Given I grew in in NYC and then lived in WNY for 8 years - I've seen both sides of the state.

I will opine that definitional divisive approaches are not going to carry the day.

One needs an inclusive strategy. In NYC, the population primarily sees firearms as trouble and not a tool to use to defend themselves. How do you change that?

[flippycat]

Being originally from upstate NY , I feel a bond to it still.

Though seems to me with NYS Troopers facing huge budget cutbacks I do not see how they can justify putting even more on top of an already maxed agency to enforce.

Not to mention the "green factor" in the case which may also be another front to rally support from. The needless driving to and fro to drop off and pick up these firearms from the agency's to inspect.

Lets just say 500,000 owners on average need to drive 5 miles to drop off their firearms and 5 miles to pick them up that would be 10 total miles.

AT the best case scenario EVERYONE is getting 20 miles to the gallon.

It would take 1/2 gallon to do this back and forth trip.

That is 250,000 gallons of natural resources to never be recovered again.
Not to mention the impact of exhaust emissions on an already delicate ecosystem in upstate ny.

I know it is not the best front, but it may help to try to rally support from the go green groups in regards to this.

And these were numbers I pulled out of the air and in my opinion are very low in regards to how many it would actually effect in NY. And being familiar with that area I can pretty well rest assured that it is more then 5 miles in many cases to find a trooper base unless you live near the thruway.

I feel my numbers are very low in regards to what it actually could be. And I find that 250,000 gallons of fuel dedicated to over control is unacceptable. If you could combine that with the other valid fronts, I feel you could rally the support to defeat or overturn these bills.
And this does not even include the fuel and resources used to deliver this extra to the refilling stations.

And actually sitting here and thinking about it, a very scary presentation could be brought about using the "green" front. Give them a taste of their own medicine with pictures of dead animals effected by the impact of emission, land destroyed by refining. The possibility's are endless. Even down to the amount of forest lost to produce the paper trail this will warrant and ITS effect on the eco system. Pictures included. Who can argue with that without looking like they do not care about the environment?

I mean Obama does want to find alternative fuels and lobby's for it to save our precious resource, I wonder how he would feel if he knew how much of our precious resource was going to be wasted on this bill over time? Using his own his own words could easily back this up.

You could also then in turn use this to address ALL drivers in NY as this increase in demand will have an impact on fuel costs for ALL drivers (even if it is minimal) and over time give them the whopping figure for a lifetime living in NY what it would cost them ... SHOCK and AWE. Go after the youth in this as certain partys did to win election. Struggling college kids barely able to put gas in their tanks and teens working after school could face this increase in gas price if this bill passes. Low to middle income familys who do not even own a firearm and barely able to put food on the table and keep up with mortgage rent payments would now face this increase , even though it does not effect them. VOTE NO today

I find you need to make a case that will effect EVERYONE or it will be hard to rally support from those it does not effect.

I know my front mentioned does not address the issues directly and really only the impacts of it but the NRA already has that argument covered and using the argument that those bans have no impact on crime control. :P I think though you have to start playing to the heart strings or making an issue effect everyone to get the support needed.

[Brian Pfleuger]

One needs an inclusive strategy. In NYC, the population primarily sees firearms as trouble and not a tool to use to defend themselves. How do you change that?

That's a good question Glenn. Most people I know who have opinions regarding controversial subjects are highly resistant to changing those opinions. Many of those people's opinions are based on little more than propaganda, and evidence does not tend to change their minds.

I agree that "divisive approaches" are not helpful and yet, it is more than helpful to be familiar with the standpoint of ones opposition, it is an absolute necessity. The plethora of labels in use today are largely a result of trying not to identify either the opposing side or your own side by some controversial moniker. So, we invent some new moniker. That's why we no longer have "conservatives" and "liberals". We have 5 or 6 labels for each.... but I digress.

What we must know about people is their world view. ALL information is filtered through every individual's world view before it is applied to a persons belief system. For instance, geological and paleontological evidence can be seen to support both evolution and creation, how one interprets it depends on that individual's world view.

Gun rights? Same thing. We MUST identify and work to change the "filter" before the evidence will make any difference. We can call it what we like, we can invent new, less controversial monikers for referencing the world view but it all comes down to that one simple fact. So long as any given individual carries the secular, humanist, progressive, liberal, big government or whatever other name, world view then they will tend to be resistant to the ideals of the conservative, traditional, protestant, originalist, or whatever name ideals. (I know that those labels on each side are not synonymous, but they tend to be in general agreement.)

[mikejonestkd]

email sent, and I'll follow up with a phone call next week.

Unfortunately we are a minority here in NYS as NYC pretty much has a free reign in the assembly. But, we aren't going to sit by quietly while they impose regulations that will have no effect on the crime rate.

Edit:

Response from my local assemblyman:

Dear Mr. Jones,

Thank you for writing my office with regard to NYS Assembly Bill A.6294
which would expand the current assault weapons ban.

I read your comments with much interest and understand the impact of
this legislation. I appreciate you sending this information to me and I
strongly oppose this legislation.

As a representative in the NYS Assembly, it is important for me to be
well informed on the provisions of any bill along with the position of
constituents. As always, please feel free to call me with any state
matter.

Sincerely,
Steve Hawley
Member of Assembly
139th AD

[CatskillDraht]

The NYS Assembly is full of crackpots proposing and passing all kinds of anti-gun regs on a regular basis. Some of them they continuously pass, year after year. The saving grace has always been the Senate, that wouldn't pass this junk, but now the Joe Bruno is gone, and the power balance has shifted, New Yorkers need to get ready for a whole wave of bad bills. Not sure if this one will pass, but ones like it are undoubtedly going to be infringing upon our rights in the near future. With all these bills, the key is to watch what happens in the senate, because Patterson will sign any gun bill that makes it out. A sad state of affairs friends. For example, the ammunition coding bill made it out of the assembly, and i believe is now before committee in the nys senate. Could get rough. I'm fortunate to have pro second amendment state senator and an assemblywoman who supports hunters rights, but you have to keep in touch with them to let them know why some of these bills are flat out CRAZY! Either stay in touch, or invest in sonotubes. . be well

[Yellowfin]

It is evident that pro 2A NY'ers need to be a lot more vocal and assertive and organized.

[CatskillDraht]

amen to that

[2edgesword]

I wrote to my assembly and senate representatives. The letters focused on the technical inaccuracies with respect to the claims made about the capabilities of the additional firearms being added to the ban AND the cost to the state of instituting this ban.

[Brian Pfleuger]

I sent an email to my assemblyman. No response yet, it's been about 2 days.