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Thursday, January 17

New Gun Legislation Fact Sheet

Although The Saratogian's coverage area doesn't extend to James Seward's senate district (stretching from the western outskirts of Schenectady to the Finger Lakes) I thought I'd post this.

Given the e-mail I received, it seems to be getting forwarded around by people (including gun clubs) trying to understand the impact of the new gun legislation. Seward is opposed to the law and put out a statement which I'll post at the bottom, but I thought the fact sheet was pretty helpful.


430 Capitol Bldg Albany, NY 12247 (518) 455-3131

41 South Main St. Oneonta, NY 13820 (607) 432-5524


*This is a summary. It is not exhaustive*

The legislation (S. 2230) passed by the legislature and signed by the governor contains the following key components of significance to law abiding gun owners and pistol licensees.

Redefines and Bans "Assault Weapons."

An ‘assault weapon’ is now defined as any semiautomatic rifle or pistol capable of accepting a detachable magazine with ONE military style feature (folding stock, pistol grip, thumbhole stock, second grip that can be held by the weak hand, bayonet mount, flash suppressor, muzzle brake, compensator or threaded barrel or grenade launcher); any semiautomatic shotgun with ONE of the following: folding or thumbhole stock; second grip that can be held by the weak hand; a fixed magazine in excess of seven rounds; ability to accept a detachable magazine; A semiautomatic pistol that can accept a detachable magazine and has at least one of the following: folding or thumbhole stock; second grip that can be held by the weak hand; capacity to accept a magazine that attaches to the pistol outside of the pistol grip, threaded barrel, barrel shroud, weight of 50 oz or more when unloaded.

Within one year, all "assault weapons" under the new definition (pre-1994 and now pre-2013 semi-autos as defined above) must be registered with the state police at no cost. This will trigger a NICS check. Current owners may transfer these semi-autos only to a dealer or sell them out of state. Intentional failure to register will be a class A misdemeanor. Unintentional failure will trigger a 30 day grace period to register, after which the gun will be confiscated. Knowing possession of an unregistered assault weapon will be a felony.

The law does not distinguish between rimfire or centerfire firearms. Even .22s are covered by the law.

Exempt: the following are not ‘assault weapons’ and are not affected by this law: bolt action or pump rifles and shotguns; antiques; revolvers; semi-automatic rifles that cannot accept a detachable magazine; semi-auto shotguns holding five or fewer shotgun shells in a fixed or detachable magazine.

The law bans all magazines in excess of ten rounds, including "pre-ban" magazines of 20 or 30 rounds previously possessed lawfully. High capacity magazines possessed lawfully heretofore must be disposed of out of state or to someone authorized to possess them within one year. Ten round magazines are grandfathered, but it will be a crime to load them in excess of seven rounds. Magazines older than 50 years old – curios and relics – are exempt. No new ten round magazines may be sold or possessed in New York.

Pistol licenses
All pistol licenses will have to recertified (not renewed) every five years. Licensees will have to confirm to the state police that their information is current and that their registered pistols are still the only ones possessed. Pistol licensees will be able to request that their names be withheld from public disclosure, and state police will compile a statewide database of pistol license holders.

All ammunition purchasers must undergo an instant background check at the point of sale when the new state check system takes effect. This provision does not take effect for a year. A buyer of pistol or revolver ammunition will need to show a valid NYS pistol license and a driver’s license. Internet sales of ammo are banned except in the presence of a gun dealer where a NICS check is required.

Gun sales
A NICS background check will be required for all private sales of long guns in New York, except transfers to immediate family members.

Gun storage
The new law requires the safe storage of guns in a house where the gun owners knows someone in the house is mentally ill, prohibited from possessing a gun, is a convicted criminal or subject to an order of protection.

Here is his statement:
“The rights of law abiding citizens who use firearms for sport, protection, and collection have suffered a considerable blow. While the newly minted gun control laws offer some increased penalties for criminal use of guns and take a step toward keeping weapons out of the hands of the mentally ill, they overstep in many ways.
“For the first time, New York will be registering rifles and confiscating private property. We will do background checks on the simple purchase of a box of .22 ammo for squirrel hunting or target practice. Someone who puts eight cartridges in his magazine instead of seven will be a felon. Sadly, these extreme, harsh measures won’t stop criminals from getting guns and using them for illegal purposes.
“These reactionary laws force new, onerous regulations on those who meticulously obey the law and infringe on Second Amendment rights. Further, we can’t afford to place good paying jobs at a long-standing employer in my district, Remington Arms, in jeopardy.
“Legislation focused on stopping gun crimes and preventing those at risk of harming themselves and others from obtaining firearms would have been a public safety win. However, further impeding the rights of law-abiding citizens does nothing to confront gun violence.”

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Anonymous Anonymous said...

Gun legislation will only solve a small part of the problem. These attacks are being creaated by the deterioration of the value system in this country and parents hold that responsibility. You never saw these atrocities in the 60s, 70s and 80s.

January 22, 2013 at 7:33 AM 

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