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“A key New York Senate leader and the Assembly speaker said they expect the state Legislature to vote Monday to enact what would be the nation’s first gun control measure following last month’s Connecticut school shooting,” washingtonpost.com reports. Click here to view the bill: S1422-2013: Increases the penalty for the possession, use, or sale of certain firearms and ammunition and redefines “assault weapon.” The new definition includes any pump action rifle (e.g., a lever gun) and a laundry list of features (including the shoulder thingie that goes up). And if that’s not enough . . .

The bill bans any feature “determined by rules and regulations of the Superintendent of State Police to be particularly suitable for military and not sporting purposes.

Under “justification,” the bill refers to William Spengler Jr. (the man who used a Bushmaster AR-15 to ambush and murder two New York firemen), the Sandy Hook spree killing, Columbine, Clackamas (OR) and Tuscon (no mention of the Fort Hood massacre).

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66 COMMENTS

  1. So one man can successfully “remove” the rights of everyone by his actions!?

    So ten terrorists could destroy America?

      • Dude, seriously, take it somewhere else. Having a bunch of alarmist vultures take advantage of this tragedy is more than enough to deal with. We don’t need our side infiltrated by a bunch of shameless tinfoil hat wearing idiots.

        Pathetic.

        • I’m not wearing tinfoil, but I’d like to see at least one photo of the AR-15 on premises. Call it the CSI generation or something. Show me.

        • Why? We’ve never seen pictures of any of the other guns used in mass murders (or, at least, rarely). Like any other conspiracy theory the “it wasn’t an AR” school relies heavily on the emphasis of speed over accuracy of the news media. Early reports rarely reflect an accurate assessment of any situation.

          And seriously, why does it matter? By making doubt of the type of firearm used a major point of contention you’re just playing into the anti’s dialog that AR’s are the deadliest thing on earth.

    • No, not confiscation, but close. Section 3 is an amendment to the “exemptions” section to a host of defined crimes in the Penal Code.

  2. But the GOP senate there may kill it too. I want more info before calling doom and gloom for gun owners in the sick state of NY.

  3. “The tentative agreement would further restrict New York’s ban on assault weapons, limit the size of magazines to seven bullets, down from the current 10”

    Now manufacturers will need to produce 7 round mags. Do they even need to go through the trouble, because who knows, next year maybe it goes down to 6 rounds. This is a defacto gun ban, there isn’t a supply of 7 round mags for the majority of guns, making them unusable. I guess they don’t know in NY that criminals can still get their hands on high capacity magazines.

    • Glocker, what is a “high capacity magazine”? As far as I know, the AR was designed to use 20 – 30 round mags. The Glock 17; a 17 round mag, the Browning high power; a 13 round mag. Do not fall into their trap. These are STANDARD CAPACITY MAGS!

  4. WTF! New York’s gun laws are as bad as CA’s, NJ’s, MA’s and IL’s. With Congresswoman McCarthy, Mayor Bloomburg & Sen. Schumer what do you expect?

    • An acquaintance of my recently retired from an illustrious career in mil SOF leadership had this comment, that SF, Chicago, & NY confiscating the useful 2Am guns of their citizens is just going to make things easier for the Red Counties and States when the time comes. I hadn’t thought of it that way before.

  5. Wow, no lever action guns either? Seriously, it’s time to start trying people for treason and start filing lawsuits. New York really wants to be the state that cause assault weapons bans to be determined unconstitutional.

    • At least they can’t lie and say they’ll leave hunting rifles alone now. The lever and pump action are true sporting rifles. Maybe the hunters and others that think “reasonable gun control” is ok will wake up now and get into the fight.

  6. From scanning the comments on the NY site at which the bill is posted, comments are overwhelmingly and strongly negative. I hope they are hammering their state senators and reps. I guess the grabbers could be refraining from comment because they perceive that the are winning.

    Damn, NY is messed up.

  7. New Yorkers – Hell, Americans! – it’s not a right if it is even up for debate. Period. I hope for everyone’s sake that this dies before it makes it to the floor. I’m sure Remington and others will be throwing their weight around.

  8. S 256.04 Criminal possession of a weapon in the first degree. A person is guilty of criminal possession in the first degree when such person:
    (2) possesses ten or more firearms;

    Wow….

  9. These provisions will never make it past the federal courts. The Miller case still stands, and various elements of the holding in Heller seem to assure it. Law Enforcement cannot reliably stop a pair of drugged criminals with 7 shots + 1 and neither can you. This is just New York political stagecraft. Quiz: How many times did Andrew Cuomo fail the bar exam?

    • Could be something to this. NY could also be a test case to see what they can get away with, both in the courts and with the public.

    • Keep clinging to your fantasies. These clowns are determined to make huge gun grabs, both at the Federal and half a dozen state levels. Any challenges will take years and the grabbers will just pass deferent versions. Elections have consequences.

      • I agree with your statements about their determination. They probably all want Nobel Peace Prizes and a night with Katy Perry, too. What we are really being set up for is a nation even further divided. Just wait until the next SCOTUS associate justice nomination. The four key financial cities are apparently willing to push it to the edge. I hope they’ve thought it through. Don’t think they have.

  10. Wow, any rifle with a detachable magazine & a pistol grip would have to rendered inoperable or surrendered to law enforcement by April 1 2014? They even called any semi-auto shotgun with a pistol grip an AW! Craziness.

  11. Some one researched commercially available magazines and set the max round count at a number that was not represented in that report. New Yorkers (outside the city) would not vote for this, but the lunatic legislature might.

    • From the article: “He said a registry of assault weapons will be created, grandfathering in assault weapons already in private hands.”

      • The article said 7 round mags, but the linked bill says 10. So, the article seems to be inaccurate.

        I don’t see any language in the bill that allows grandfathering. Section 3 seems to say that you must turn in or render permanently inoperable by 4/1/2014. Also, the section on high-capacity mags expressly strikes out the grandfathering language.

        • Rather I think it’s not the right bill. Note that it’s dated the 9th, so things are likely different (worse) by now.

  12. Facebook comments are usually a morass of imbecility, but I found this one particularly astute:

    “size of magazine down from 10 to 7. This applies only to law-abiding citizens. Criminals have a permanent waiver.”

  13. NO GRANDFATHERING in my read of bill. Plus muzzle brakes and compensator are class B Felony. ALL mags over 10 rounds class B Felony.

    BATSHIT CRAZY gentlemen. Just Batshit crazy !

  14. Reading the existing penal code and its proposed modified version is quite scary.

    NY Penal Code S 265.02
    A person is guilty of criminal possession of a weapon in the third degree when:
    (5) (i) Such person possesses three or more firearms

    This is currently on the books as a class D felony and will be upped to class B felony. This would be violated by the very common ownership of one ‘hunting’ rifle, one ‘hunting’ shotgun, and one handgun. NY Penal Code S 265.04 enacts even tougher penalties for 10 or more firearms. Regardless of ‘assault’ of evil features how the h$ll can those laws be constitutionally permitted?

  15. As an ex-New Yorker thirty years removed, I’d have to say that it’s true — the people always get the government they deserve. Frankly, it couldn’t happen to a bigger bunch of fools.

  16. The delegation of authority to the State Police is truly scary: (BTW, Sorry in advance for the “all caps”):

    IN ADDITION, THE SUPERINTENDENT OF STATE POLICE SHALL, BY RULES AND REGULATIONS, DESIGNATE SPECIFIC SEMIAUTOMATIC CENTERFIRE OR RIMFIRE RIFLES OR SEMIAUTOMATIC SHOTGUNS, IDENTIFIED BY MAKE, MODEL AND MANUFACTURER’S NAME, TO BE WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPERINTENDENT OF STATE POLICE DETERMINES THAT SUCH WEAPONS ARE PARTICULARLY SUIT ABLE FOR MILITARY AND NOT SPORTING PURPOSES.

    • Once again, they ignore the Miller case and others. If they think the 2nd Am is about ‘sporting purposes’ then they’ve confused gun import laws with 2nd Am law. The drafters of this legislation are bush league.

  17. Lesson to be Learned on the Anniversary of Wounded Knee

    December 29, 2012 marked the 122nd Anniversary of the murder of 297 Sioux Indians at Wounded Knee Creek on the Pine Ridge Indian Reservation in South Dakota. These 297 people, in their winter camp, were murdered by federal agents and members of the 7th Cavalry who had come to confiscate their firearms “for their own safety and protection”. The slaughter began AFTER the majority of the Sioux had peacefully turned in their firearms. When the final round had flown, of the 297 dead or dying, two thirds (200) were women and children.

    Around 40 members of the 7th Cavalry were killed, over half cut down by friendly fire from the Hotchkiss guns of their overzealous comrades-in-arms. Twenty members of the 7th Cavalry were deemed “National Heros” and awarded the Medal of Honor for their acts of cowardice.

    We do not hear of Wounded Knee today. It is not mentioned in our history classes or books. What little does exist about Wounded Knee is normally the sanitized “Official Government Explanation” or the historically and factually inaccurate depictions of the events leading up to the massacre on the movie screen.

    Wounded Knee was among the first federally backed gun confiscation attempts in United States history. It ended in the senseless murder of 297 people.

    Before you jump on the emotionally charged bandwagon for gun-control, take a moment to reflect on the real purpose of the Second Amendment- The right of the people to take up arms in defense of themselves, their families, and property in the face of invading armies or an oppressive government. The argument that the Second Amendment only applies to hunting and target shooting is asinine. When the United States Constitution was drafted “hunting” was an everyday chore carried out by men and women to put meat on the table each night, and “target shooting” was an unheard of concept, musket balls were a precious commodity in the wilds of early America, and were certainly not wasted “target shooting”. The Second Amendment was written by people who fled oppressive and tyrannical regimes in Europe, and refers to the right of American citizens to be armed for defense purposes should such tyranny rise in the United States.

    As time goes on the average citizen in the United States continues to lose personal freedom or “liberty”. Far too many times unjust bills are passed and signed into law under the guise of “for your safety” or “for protection”. The Patriot Act signed into law by G.W. Bush, then expanded and continued by Barack Obama is just one of many examples of American citizens being stripped of their rights and privacy for “safety”. Now, the Right to Keep and Bear Arms is on the table, and will, most likely be taken away for “our safety”.

    Before any American citizen blindly accepts whatever new firearms legislation that is about to be doled out, they should stop and think about something for just one minute-
    Evil does exist in our world. It always has and always will. Throughout history evil people have committed evil acts. In the Bible one of the first stories is that of Cain killing Abel. We can not legislate “evil” into extinction. Good people will abide by the law, defective people will always find a way around it.

    And another thought Evil exists all around us, but looking back at the historical record of the past 200 years across the globe, where is “evil” and “malevolence” most often found? In the hands of those with the power- governments. That greatest human tragedies on record and the largest loss of innocent human life can be attributed to governments. Who do governments target? “Scapegoats” and “enemies” within their own borders…but only after they have been disarmed to the point where they are no longer a threat. Ask any Native American, and they will tell you it was inferior technology and lack of arms that contributed to their demise. Ask any Armenian why it was so easy for the Turks to exterminate millions of them, and they will answer “We were disarmed before it happened”. Ask any Jew what Hitler’s first step prior to the mass murders of the Holocaust was- confiscation of firearms from the people.

    Wounded Knee is the prime example of why the Second Amendment exists, and why we shouldn’t be in such a hurry to surrender our Right to Bear Arms. Without the Second Amendment we have no right to defend ourselves and our families.

  18. “The beauty of the second amendment is that it will not be needed until they try to take it. ”

    Let’s hope some patriotic NYers have drawn their lines in the sand.

  19. Here’s what I took away from reading that bill:

    – No grandfathering (which is referred to as a “loophole” in the bill). Turn them in or else.

    “prohibits large capacity ammunition feeding devices
    regardless of when they were manufactured.”

    – Owning an assault weapon or mag more than 10 rounds will be a Class B felony, punishment up to 1 – 3 years in prison.

    – Bans safety features such as barrel shrouds that protect user from barrel heat and muzzle brakes to mitigate barrel rise under recoil. A barrel shroud turns your compliant firearm into an assault weapon if it is semi-auto or pump action and has a detachable magazine.

    -Bans shotguns with revolving cylinders.

    -Gives Superintendent of Police ability to determine what qualifies as an assault weapon.

    – Currently owned assault weapons must be rendered inoperable or turned into police or owners will be charged with Class B felony.

    – Criminal sale of a firearm will now be a Class A felony, on par with murder.

  20. I believe NY was the place where an ex cop saved his dad from a crazy black guy who tried to kill him with a baseball bat. He shot him dead, can’t shoot a black guy in NY so he is in jail for a long time. I don’t believe the silent majority has spoken in NY or nationally(assuming anybody but bloom/asshole can speak in ny). Wis had a tough time for a long time with gun control sh.t. At one point the dem doyle AG gave his opinion that a Wisconsinite could not walk from his front room to the kitchen with his firearm concealed. With the extrication of doyle this insanity has passed & there is hope for NY & the nation too, Randy

    • Yeah. I posted that earlier too and from the replies, it seems ‘firearms’ refers to illegal or unlicensed firearms. Somehow I think that, after passage of this bill, this current notion of ‘firearms’ will change quickly and quietly without legislative vote b/c it is probably under the authority of he police superintendent or similar to define firearm

  21. Ok Shout out to Ralph..
    Please correct me if I am wrong here:
    “(B) SEMI-AUTOMATIC PISTOL, OR ANY SEMI-AUTOMATIC, CENTERFIRE RIFLE
    WITH A FIXED MAGAZINE, THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN
    ROUNDS OF AMMUNITION;”
    Most semi automatic hand guns can except extended magazines, and in fact most come with more than 10 rounds in the rest of the world. So all modern pistols need to be turned in?

    “(G) CONVERSION KIT, PART, OR COMBINATION OR PARTS, FROM WHICH AN
    ASSAULT WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR
    UNDER THE CONTROL OF THE SAME PERSON;”
    You switch back your semi automatic shot gun from a tactical configuration to a standard stock, but don’t throw away the parts, you go to jail?

    ” E. POSSESSION OF AN ASSAULT WEAPON ON PROPERTY OWNED OR IMMEDIATELY
    CONTROLLED BY THE PERSON, OR WHILE ON THE PREMISES OF A LICENSED
    GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL
    USE OF THE ASSAULT WEAPON AT A DULY LICENSED FIRING RANGE, OR WHILE
    TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED
    SUCH WEAPON PRIOR TO JANUARY FIRST, TWO THOUSAND FOURTEEN AND WHO, PRIOR
    TO APRIL FIRST, TWO THOUSAND FOURTEEN:

    1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR
    2. SURRENDERS THE ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT
    AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI
    SION A OF THIS SECTION.”
    Basically says we won’t arrest you for turning in your firearm, but no restitution will be made. Isn’t the unconstitutional?

    • Most of the language in the bill is unconstitutional. They really don’t care. I can only guess that attorneys actually knowledgeable in the subject matter refused to do the drafting.

  22. Reducing the 10 rounds to 7 rounds is pointless . Those last 3 bullets could save my life . Criminals are going to continue to get there guns no matter what . The Gov is taking our right to defend ourself Little By Little . Before you know it UN troops will be running the streets of the USA taking and Hurting Harmless innocent civilians . Who know Americans be killed off by there own Gov . This is pathetic . I am Ashamed to Be American . We should Focus on the Criminals that are getting these guns . With all today Satellites and technology your telling me we can reduce the amount of guns getting in the hands of Criminals . OK!
    This is Highly Unconstitutional , Obama came here to slowly burning the Constitution . This is going to be the WORST 4 years for AMERICA . God bless Everyone and i hope that this President isn’t here to bring us back to the ice age , Actually do something thats going to Effect this country in a Positive way . Of Course there has been good presidents and bad ones . But ppl take a look this is the Worst i have seen thus far. I THINK HISTORY IS IMPORTANT , i think making our children know and learn about the greatest country of all became how it is today . Then Our Children’s Children will learn how one of the GREATEST NATION Has Fallen . There is a Revolution coming , it already began When the Election was over . I didn’t vote . There all Fake . But i am Def Not a Obama Fan . He has no clue What he’s doing . O’Bama might as well hang out a window at the White house and Burn the American flag and give us the Middle finger .

  23. Let me high light some key words here:
    1 CLOSED DOOR
    2 make it easier to confine people
    3 spoke on condition of anonymity
    These are pretty Draconian moves. If your debate won’t stand the light of day you are doing something wrong. This is the state that allowed a man who beat his Grandmother to death with a hammer to be free from prison to kill volunteer fire fighters responding to his attempt to burn down his neighborhood. Great move ! Look at the birdey don’t look at me. Don’t blame me for abolishing capital punishment and letting convicted murders back out on the street. Focus your attention on the big bad assault rifle with the great big magazine. Don’t blame me for creating a city in which people are being pushed in front of trains. Focus your attention on the bad black pistol with the big bad magazine. Don’t blame me for 774 Murders, 2752 Rapes, 28,396 robberies, 45,568 assaults all in 2011. Look at the big bad black 5 shot shotgun… That’s 4 murders per 100,00 people. South Dakota has around 800,000 we have more guns in SD then in all of NY. If guns are the issue we should have at least 32 murders in 2011 (more if you do it as a percentage of guns). We had 14. 4 of those were with guns. But don’t blame the scumbag politicians, dirt bag judges, or bleeding heart liberals. Look at the big bad box of shinny bullets, look what they’ve done. Don’t blame us. We hide behind closed doors, and erase your rights. Yes, your rights because Judges and Politicians in NY can get their permits. They hire armed guards. They live in places with walls, and alarms, and work behind metal detectors. Don’t blame us it’s really only happening because of 52 ounce sodas. If we ban 52 ounce sodas it will all be okay.

    I think I’ll go take a #$&% and flush twice, It’s a long way to Albany

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