Day by Day Cartoon by Chris Muir

Tuesday, January 15, 2013


If you want to see how the united States dies, witness New York State.

They just passed this:

S2230-2013: Enacts the NY SAFE Act of 2013

 Some excerpts follow.
 As is usual in cases of legislation by Demonrats and liberals, it starts out with a blatant lie:
This legislation will protect New Yorkers by reducing the availability
of assault weapons and deterring the criminal use of firearms while
promoting a fair, consistent and efficient method of ensuring that
sportsmen and other legal gun owners have full enjoyment of the guns
to which they are entitled. A thoughtful network of laws provides the
toughest, most comprehensive and balanced answer in the nation to gun
violence. Through this legislation, New York is the first in the
nation to completely ban all pre-1994 high capacity magazines; to ban
any magazine that holds more than seven rounds (rather
than a limit of ten) and to both track ammunition purchases in real
time to permit alerts on high volume buyers, while also checking on
the buyer's background.
The Second Amendment has nothing to do with hunters, sportsmen, or enjoyment, nor is there any mention of a government "entitlement" to own a gun. And never in history has a "ban" ever stopped the people who really should never have a gun from getting one.

So, into the bill proper. Let's start out with a tried and true four lane highway to another Holocaust.
Registration of freedom tools:
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.
 Now, what about ammo?
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. 
 A ban on magazines that hold more than seven rounds essentially outlaws every semi-auto pistol made since 1890, with a few exceptions. So far, you can keep your 1911.

A background check on every sale of ammo. The FBI will love that - E-Check is already overloaded with Jugears Osama driving paranoia. Well, in New York, it seems justified.
Section 49 creates a new Penal Law � 400.02 establishing a statewide
gun license and record database. Section 18 amends Section 212 of the
Judiciary Law to require that records submitted to the Federal Bureau
of Investigation regarding individuals for whom a guardian has been
appointed be transmitted to the State and checked against the
statewide gun license and record database.

Several sections of the bill strengthen statutory provisions related
to the licensing of firearms, shotguns, and rifles. Section 1 amends
Criminal Procedure Law (CPL) � 330.20 to require the revocation of
any gun license from and the surrender of any gun by a defendant upon
an entry of a verdict of not responsible by reason of mental disease
or defect, upon 
the acceptance of a plea of not responsible by reason of mental
disease or defect, or upon a finding that a defendant is an
incapacitated person pursuant to the CPL. Section 2 adds a new
section to the CPL that requires a sentencing judge to demand
surrender of a gun license or registration and all guns possessed by
the defendant upon judgment of conviction for an offense that
requires the seizure of a gun and the revocation of a gun license or
registration. Sections 4 through 16 amend the Family Court Act, the
Domestic Relations Law and the CPL to require, under certain
circumstances, the mandatory suspension or revocation of the firearms
license of a person against whom an order of protection or a
temporary order of protection has been issued.

Section 48 of the bill amends the Penal Law to require that every
county recertify a gun license holder's license every five years.
Failure to recertify during this five year period equates to
revocation of the license. The section also adds bases for denial of
a license to an applicant, including connection of a felony or
serious offense, being presently subject to an order of protection;
and expands the criteria for denial based on an applicant's history
of mental illness.
I remember my days in Ill-Annoys, with having to renew my FOID card every five years.
Private sales are now to be processed like any other dealer transaction, and the SELLER myst keep records for the state:

Under current New York law, background checks on gun purchasers are
required for all purchases of guns from gun dealers and at gun shows.
Section 17 will expand this requirement by adding a new article to
the General Business Law requiring background checks to be completed
for all gun sales, except for immediate family. Thus private sellers
may transfer a gun only if the buyer has obtained a federal "NICS"
They are letting private sellers charge up to $10 for a background check. How much you wanna bet that the state will charge $20 per private check?

Transfers to "immediate family members" are exempt. Right up until crazy Uncle Bob shoots someone with Grampaw's old shotgun...

Anyone possessing a gun must keep it out of the reach of anyone not allowed to have a gun - and that list is pretty long. "Enhanced" penalties for violating the law.

There's a paragraph making "gangs" that use guns subject to those enhanced penalties.

There's also a provision to give schools "10% off" certain "security devices".

Well, Chicago was bucking for murder capitol of the US, right behind Washington DC. Maybe New York City will take the prize now.

If that wasn't enough, in Connecticut, they want to pass an even more Draconian gun ban. No gun that can chamber more than ONE round.

Sent this to my state rep:

Dear Representative Ringhand,

Here's your chance to make a difference. Author or sponsor a bill similar to what has recently been proposed in Wyoming:

Our federal government is contemptuous of the basic law of our nation, the Constitution. It's up to the several States to put a stop to this.

The Second Amendment has nothing to do with hunting, sport, or recreation - it is there as the ultimate rein on the federal government.


Chuck Kuecker

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