Some more descriptions and provisions from nycourts.gov:
It seems like the NYSAFE act is set to go in effect and, if historical trends hold true,will soon follow the paths of past tyrannies from north and east to south and west. I thought I would look for provisions that struck me as selectively vague and open to selective interpretation and enforcement.
Heres the text: hxxp://open.nysenate.gov/legislation/bill/S2230-2013
Well... If I actually did that I would just be copying the entire act. The provisions are not looking to hot thought.
"...providing for the mandatory
suspension or revocation of the firearms license(Do they let them keep the gun when they lose the licesnse?) of a person against
whom an order of protection or a temporary order of protection has been
issued under certain circumstances..."(From the description of the act)
And how hard is it to be granted an order of protection? Could I use, say, cyber bullying to obtain an order of protection. It is purely administrative task requiring no extra personnel. Lets take a look at what it takes to obtain an order of protection in New York:
"TO THE FAMILY COURT:
The undersigned Petitioner respectfully states that:
1. a. I reside at [specify address unless confidential]:
1
b. The Respondent resides at [specify]:
2. a. “ The Respondent and I are related as follows [check applicable box(es)]:
“ we are married “ we were married
“ we have a child in common “ we are parent & child
“ we are related by blood or marriage [specify how]:
“ we are in an intimate relationship (NOT casual social or business acquaintances)
[describe]:
“ we were in an intimate relationship (NOT casual social or business
acquaintances) [describe]:
b. “ I am a peace officer.
3. The Respondent(you) committed the following family offense(s) against me and/or my
children, which constitute(s):
” Disorderly conduct..."
Isn't disorderly conduct the catchall of ze peace officers?
"...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..."(From P1 of the purpose)
Entitled. Why wouldn't they put "self-defense" in their and allow people to, maybe construe, sporting being a legal reason for ownership.
"A statewide database will keep the registry current and
guard against the dangerous (OP-Consider the case of Brandon Raub) or unstable possessing guns..."(P3 of Purpose)
"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."(P1 Summary of Provisions, Assault weapons)
Is the magazine itself commonly associated with military weapons? I would like a list of features. The only feature being openly admitted is a pistol grip. Im sure the list includes modern sights but would like a look at all of it.
"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."
Looks like the state police will be hiring. Citizens of New York will have the rights vetted by a list of disqualifiers when purchasing ammo as well.
This is from the bill itself.
22. "Assault weapon" means [(a) a semiautomatic rifle that has an
ability to accept a detachable magazine and has at least two 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 bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a
flash suppressor;
(v) a grenade launcher; or
(b) a semiautomatic shotgun that has at least two 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 fixed magazine capacity in excess of five rounds;
(iv) 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 two of the following characteristics:
S. 2230 18 A. 2388
(i) an ammunition magazine that attaches to the pistol outside of the
pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(iii) 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 nontrigger hand without being burned;
(iv) a manufactured weight of fifty ounces or more when the pistol is
unloaded;
(v) a semiautomatic version of an automatic rifle, shotgun or firearm;
or
(d) any of the weapons, or functioning frames or receivers of such
weapons, or copies or duplicates of such weapons, in any caliber, known
as:
(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street
Sweeper and Striker 12;
S 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He or she possesses any firearm, electronic dart gun, electronic
stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling
shot or slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or..."
Kung Fu stars.
"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."