7 round mags?
Democratic governors are making a big push for tighter gun laws as the debate over gun control heats up in Washington.
President Barack Obama admitted in a press conference Monday that it's possible some of his desired gun control reformslimiting the size of ammunition magazines, expanding the comprehensive background check system for gun buyers, and banning some types of semi-automatic riflesmay not pass the divided Congress.
"Will all of them get through this Congress? I don't know," the president said, while calling on lawmakers to rise above politics. "If there is a step we can take that would save even one child from what happened in Newtown, we should take that step."
Blue state governors including those in Maryland, New York and Delaware, however, aren't waiting for Washington to make the first move.
Democratic Gov. Andrew Cuomo of New York has hammered out a tentative agreement with lawmakers to ban ammunition magazines that carry more than seven bullets and to further expand the state's assault weapons ban, the AP reported Monday. (The governor's office said the deal had not yet been reached.) The governor was seeking a comprehensive bill that would also extend background checks so that all gun buyers must undergo one even if they are buying a weapon from a private seller.
well I guess it begins
http://open.nysenate.....S2230-2013
some parts
Assault Weapons
Section 37 of the bill amends Penal Law ? 265.00(22) in order to
strengthen New York's assault weapon ban, expanding its reach and
making it easier to enforce. The proposed amendments replace the
existing ban consisting of and a "two-feature" test adopted from the
now-expired federal assault weapons ban with a clearer "one-feature"
test. The "two-feature" test bans any gun that is semi-automatic, has
a detachable magazine (in the case of pistols and rifles), and
possesses two features that are commonly associated with military
weapons. The "one-feature" test would ban semi-automatic guns with
detachable magazines that possess one feature commonly associated
with military weapons. This section also adds to the list of
"features" that characterize a banned weapon.
Within one year of the effective date, all weapons defined as assault
weapons under the new "one-feature" test, as well as weapons
grandfathered in under the original assault weapons ban, must be
registered. Current owners of these banned weapons may transfer the
weapons only to a firearms dealer or transfer to an out of state
buyer. All registered owners will be subject to a review of
disqualifiers by the State Police.
Ammunition
Section 38 of the bill amends Penal Law ? 265.00(23) to ban all large
capacity magazines that have the capacity to hold more than ten
rounds of ammunition including those that were grandfathered in under
the original assault weapons ban and creates a new ban on magazines
that hold more than seven rounds of ammunition. Magazines that can
hold more than seven rounds but not more than ten rounds and are
currently possessed will be grandfathered in, but may only contain
seven rounds of ammunition. Exceptions are made for large capacity
magazines that are curios or relics.
Section 39 also adds a new section to Penal Law ? 265.00 to define
seller of ammunition.
Section 50 of the bill enhances control over sales of ammunition by
adding a new Penal Law ? 400.03 requiring (1) that sellers of
ammunition register with the superintendent of the State police (2)
that prior to a sale of ammunition, a seller must run the buyer
through a State-created review of disqualifiers to ensure that the
buyer is not prohibited by law from possessing ammunition, and (3)
that ammunition sales are electronically accessible to the State. In
addition, to prevent from purchasing ammunition, the bill requires
that any ammunition sold commercially must be conducted by a seller
that can perform a background check.
While the Second Amendment protects the right to keep and bear arms,
the Supreme Court has said that that right is "not unlimited."
District of Columbia v. Heller, 554 U.S. 570, 595, 626 (2008). In the
Heller case, the Supreme Court explained, "nothing in our opinion
should be taken to cast doubt on longstanding prohibitions on the
possession of firearms by felons and the mentally ill, or laws
forbidding the carrying of firearms in sensitive places such as
schools and government buildings, or laws imposing conditions and
qualifications on the commercial sale of arms." 554 U.S. at 626-27.
The Court also recognized there is a "historical tradition of
prohibiting the carrying of 'dangerous and unusual' weapons." Id.
This piece of legislation heeds the guidance of the Supreme Court by
refining and improving the assault weapon ban and increasing the
safety of New Yorkers while observing the protections of the Second
Amendment.
Some weapons are so dangerous and some ammunition devices so lethal
that we simply cannot afford to continue selling them in our state.
Assault weapons that have military-style features unnecessary for
hunting and sporting purposes are this kind of weapon. The test
adopted in this legislation is intended to bring a simplicity of
definition focusing on the lethality of the weapon, amplified by the
particular features. Given the difficulty of maintaining a list of
guns that keeps pace with changes in weapon design, the one-feature
test is a more comprehensive means for addressing these dangerous
weapons.
Ammunition
The state's previous ban against high capacity magazines faltered
because it was impossible to tell the difference between magazines
manufactured before or after the effective date of the ban. This bill
prohibits possession of all magazines with the capacity to contain
more than ten rounds, regardless of the date of manufacture. Going
forward, individuals will only be able to obtain magazines that can
contain up to seven rounds. Those who currently possess magazines
that can contain more than seven rounds will only be permitted to
maintain up to seven rounds in such magazines.
The new law also provides a mechanism to identify individual who
purchase unusually high volumes of ammunition, either in person or
over the Internet. Sellers must run the buyer's name through a State
database modeled after the federal "NICS" database to ensure the
buyer is not prohibited by law from possessing ammunition. Ammunition
sellers are also required to electronically file with the State
records of each ammunition sale, including amount sold.
In order to prevent circumvention of these new controls, this bill
requires that any seller--whether located in New York or out of
state-ship the ammunition to a dealer within New York for in-person
pick-up. The dealer is required to maintain records of the ammunition
sale and to perform a State review of disqualifiers. Direct shipment
of ammunition without a face-to-face transaction prevents a seller
from being able to adequately confirm the identity of a buyer through
the in-person inspection of a valid photo ID. Without adequate
confirmation of a buyer's identity, the benefits of background checks
and record keeping are completely circumvented. A law requiring all
ammunition sales to culminate in a face-to-face transfer, thereby
allowing for effective confirmation of purchaser identity and
corresponding background check, is consistent with this scheme.
http://news.yahoo.co.....53716.html
I just talked to my uncle who forwarded me this, My uncle is a vietnam Vet, retired from the New York State Penal System, was a guard at Attica during the riots, big proponent of the second ammendment, he's a little hot right now
I spoke to Senator Nozzolio yesterday for half-hour.
Here are the quick notes of that:
He thinks they only have about 24 or so solid votes to stop the bill.
If the bill doesn't pass this time, Cuomo will try to ram it through with the budget. At that point the only thing the repubs can do is fillibuster and/or shut down the govt.....that will not happen.
Biggest things Cuomo is looking for is magazine cap at 7 rounds, no grandfather clause, ban "assaullt weapons" yet no mention of confiscation, and renewable permits.
Senator said talks are fluid, and change daily. He did say Skelos blocked votes on Tuesday and Thursday last week.
I explained to Senator that a magazine ban of 7 rounds would be a defacto gun ban.
He reiterated we must keep calling Albany.
NRA is now calling and talking with NY senators. A bit late, but better late than never. They had a conference call on Saturday. but he was at his swearing in ceremony at that time slot. He did have some good staff members in on that call.
Repub senate isn't even meeting to discuss the gun bills.
We need to emphasize calls need to keep going to Albany.
Skelos answering machine was full today.
Valesky told one of our members he likes working with SCOPE and has respect for us. He could be won over......
I also spoke to Assembly minority leader Kolb for a while Saturday.
Spoke to two other assemblymen, but didn't waste much time as the fight is in the Senate.
Joe Biden: White House eying 19 executive actions on guns
The White House has identified 19 executive actions for President Barack Obama to move unilaterally on gun control, Vice President Joe Biden told a group of House Democrats on Monday, the administrations first definitive statements about its response to last months mass shooting at Sandy Hook Elementary School.
Later this week, Obama will formally announce his proposals to reduce gun violence, which are expected to include renewal of the assault weapons ban, universal background checks and prohibition of high-capacity magazine clips. But Biden, who has been leading Obamas task force on the response, spent two hours briefing a small group of sympathetic House Democrats on the road ahead in the latest White House outreach to invested groups.
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