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NY Assault weapon question........

My friends, i feel no matter what blood, ancestry, or religious beliefs we have (or have not) we are all united in this fight. Whatever your credo be... Get some, and Oorah!

May you be in heaven, hours before the devil knows your dead.

Sent from my Galaxy Nexus
 
The 590 is NOT considered an assault weapon. An assault weapon must have a detachable magazine and one other "feature" (i.e. pistol grip) by definition in the new law.
 
22. "Assault weapon" means
(A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:
(I) A FOLDING OR TELESCOPING STOCK;
(II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
(III) A THUMBHOLE STOCK;
(IV) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(V) A BAYONET MOUNT;
(VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADED
BARREL DESIGNED TO ACCOMMODATE A FLASH SUPPRESSOR, MUZZLE BREAK, OR
MUZZLE COMPENSATOR;
(VII) A GRENADE LAUNCHER; OR
S. 2230 19 A. 2388
(B) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST ONE OF THE FOLLOWING
CHARACTERISTICS:
(I) A FOLDING OR TELESCOPING STOCK;
(II) A THUMBHOLE STOCK;
(III) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(IV) A FIXED MAGAZINE CAPACITY IN EXCESS OF SEVEN ROUNDS;
(V) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
(C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:
(I) A FOLDING OR TELESCOPING STOCK;
(II) A THUMBHOLE STOCK;
(III) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(IV) CAPACITY TO ACCEPT AN AMMUNITION MAGAZINE THAT ATTACHES TO THE
PISTOL OUTSIDE OF THE PISTOL GRIP;
(V) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
(VI) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR
CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
THE NON-TRIGGER HAND WITHOUT BEING BURNED;
(VII) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
UNLOADED; OR
(VIII) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR
FIREARM;
(D) A REVOLVING CYLINDER SHOTGUN;
(E) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR WEAPON DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (E) OF SUBDI
VISION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER AS ADDED BY CHAPTER
ONE HUNDRED EIGHTY-NINE OF THE LAWS OF TWO THOUSAND AND OTHERWISE
LAWFULLY POSSESSED PURSUANT TO SUCH CHAPTER OF THE LAWS OF TWO THOUSAND
PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINETY-FOUR;
(F) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR WEAPON DEFINED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVI
SION, POSSESSED PRIOR TO THE DATE OF ENACTMENT OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH;
(G) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
(I) ANY RIFLE, SHOTGUN OR PISTOL THAT (A) IS MANUALLY OPERATED BY
BOLT, PUMP, LEVER OR SLIDE ACTION; (B) HAS BEEN RENDERED PERMANENTLY
INOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C.
921(A)(16);
(II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
(III) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE; OR
(IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF,
SPECIFIED IN APPENDIX A TO 18 U.S.C. 922 AS SUCH WEAPON WAS MANUFACTURED
ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE FACT THAT A
WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO MEAN THAT
SUCH WEAPON IS AN ASSAULT WEAPON;
(V) ANY WEAPON VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER. SUCH WEAPONS SHALL BE SUBJECT TO THE
PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION;
(VI) ANY FIREARM, RIFLE, OR SHOTGUN THAT WAS MANUFACTURED AT LEAST
FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLICAS THERE
S. 2230 20 A. 2388
OF THAT IS VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER;
(H) ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION AND
ANY LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT WAS LEGALLY POSSESSED
BY AN INDIVIDUAL PRIOR TO THE ENACTMENT OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, MAY ONLY BE SOLD TO,
EXCHANGED WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO POSSESS SUCH
WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE PROVIDED THAT
ANY SUCH TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE MUST
BE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGISTERED WITHIN SEVEN
TY-TWO HOURS OF SUCH TRANSFER. AN INDIVIDUAL WHO TRANSFERS ANY SUCH
WEAPON OR LARGE CAPACITY AMMUNITION DEVICE TO AN INDIVIDUAL INSIDE NEW
YORK STATE OR WITHOUT COMPLYING WITH THE PROVISIONS OF THIS PARAGRAPH
SHALL BE GUILTY OF A CLASS A MISDEMEANOR UNLESS SUCH LARGE CAPACITY
AMMUNITION FEEDING DEVICE, THE POSSESSION OF WHICH IS MADE ILLEGAL BY
THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARA
GRAPH, IS TRANSFERRED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CHAP
TER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH.
Click to expand...
http://open.nysenate.gov/legislation/bill/S2230-2013
 
So the magazine capacity as it relates to shotguns is intended for autoloaders then, and not pump actions, yes?
 
Lord Save Us... Just read the whole thing.

So basicly....

Pump + Pistol Grip + Tube Mag w/ Unlimited Shells = NOT Assault Rifle
Pump + Rifle Stock + Tube Mag w/Unlimited Shells = NOT Assault Rifle

Correct?
 
IANAL but it would appear based solely on this except from the law that pump shotguns are not included in the definition. Thay may however have other characteristics that other parts of the law would address.


I included the link at the end of my previous post.
 
Hi guys.... Water Monkey here... NYer as well

No I am not a lawyer but I am a CPA and I do speak leagaleze. Here is my take on this as I have read all 70+ pages over the past few days:

Magazine capacity will be 7 rounds across the board.... unless you own a .22lr rifle that is tubular fed.

Grandfather Clause - If you own a detachable magazine that holds 10 rounds OR a shotgun with a 8 or 9 shot magazine tube you are permitted to keep this weapon or magazine as long as you pinky swear you wont load more than 7 rounds in the magazine itself. Loophole is nothing is mentioned about the chamber.

Any magazine that holds over 10 rounds and made pre 1994 is no longer allowed and you have 1 year to get it out of the state.

Penalties:

if you are caught with a magazine that can hold 10 or a shotgun that can hold more than 7 and you actually have more than 7 rounds in the magazine in your HOME the first offense is a $200 fine. Second offense is a class b Misdemeanor $200 fine and up to 3 months in prison.

If you are caught with this offense OUTSIDE your home: 1st offense is a $200 fine and a class b misdemeanor with up to 6 months in prison. 2nd offense is a class A misdemeanor.

Messed up right... oh it get better:

The original AWB relating to the 1994 National Ban which was the law here in NY up until tuesday is now altered to ONE "evil feature" instead of 2.

Therefore if you own a semi-auto ANYTHING and it has a detachable magazine you have already met your 1 evil feature. Therefore if you have a pistol grip, collapsable buttstock, vertical forend grip, flash hider or break, and bayonet lug.... you are now in a possession of an Assault Weapon in NYS.... BTW new provision for pistols is a 50 oz weight limit which makes a Desert Eagle in NY now an assault weapon and you cant purchase it after it became law.

Options:
1) have 1 year to register it with NYS if you owned it before it was law
2) have 1 year to sell it out of state
3) have 1 year to turn it in
4) have 1 year to make it inoperable

Having a possession of a newly assault weapon after the 1 year mark makes it a Class E Felony unless it is registered. If found not registered and you"unknowingly" did not register it you will be cited by a police officer on site and have 30 days to comply with the registering requirement.... yes you read that unknowingly...

Some more exceptions:

if you own a magazine which can hold 10 rounds or a shotgun which can accept more than 7 rounds in a fixed magazine tube you are ALLOWED to fill to capacity under these conditions:
1) indoor training range
2) outdoor training range
3) formal training class with a firearm
4) recognized competition within the state of NY

However if you load more than 7 rounds in your mag or tube for self defense you will be cited as indicated on the penalties I noted above.

AMMUNITION:

Dont freak.... you have 1 year to still receive ammo online to your door. Section 58 subsection E which dictates when these new laws will enact clearly states that 400.02 and 400.03 will not become into effect until 1 year of the bills enactment.

After 1 year here's the hell that will evolve:

The super of state police will create a database to track sellers of ammunition and buyers of ammunition. AFTER 30 days of this database being placed in operation you will be required to perform the following to obtain ammunition:

1) Face to face at a recognized dealer in NYS
2) Provide ID
3) Be run through for a background check NICS each time you buy
4) If you order online you will have to have it sent to a recognized dealer before pick up and follow the same process of a NICS and ID

This system is devised to flag.... yes flag... high volume of ammunition being consumed by a citizen or frequent purchases. How this will be used in conjunction with law enforcement and possible warrants for searches within your home for possible unusual activities is yet to be determined.... You might get a nice knock on the door and be questioned if you buy 1,000 rounds even if you are training for competition.

NO PRIVATE SALES

Private sales are prohibited of firearms and require a NICS check at a fee not to exceed $10 at a local FFL dealer between 2 parties. Exclusions are Spouses, Domestic Partners, Children, or Step Children.... Yep Mom and Dad are not excluded. BS aint it???

But Wait There's More:

Due to the crazies doing most of the damage there is a ton... TON of mental health provisions. One of which is really cute:

if the following people feel you can be a danger... yes FEEL they have an obligation to report you to authorities which can suspend or revoke your ability to own a firearm:

Physician
Psychologist
Registered Nurse
Licensed Social Worker

There is a ton of other stuff but that's what effects 90% of the people.
 
WaterMonkey, nice work buddy. We appreciate you out there and we're sorry for your situation in NYS.

I do believe this is very much an outline of where the feds are goin too.

I heard a guy on the radio talkin about how the 7 round restriction will efectively eliminate ownership of 95% of all popular handguns because 7 round magazines don't exist and never have. Maybe 7 round version will be made but who knows.
 
It does. We are now limited to revolvers, sub compact, and bolt action until a market for 7 round mags are established.
 
Perhaps you should patriot up and head up to Albany on feb 8th when we will be heard AGAIN!
 
Raul, the way I see it the 8th will be even better because the capitals will be occupied. The 19th was good for a general message but the 8th will be more pointed. I had my CC like any other day, but on the 8th I'm going heeled.....my Mossberg and my sidearm. There were all kinds of open carry from muskets to AUG's and not one problem, it was very respectful
 
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