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    Gun Class Project

    Gun Class Project

    Embedded below is the text of the gun law just enacted in NY State. The underlined portions are new wording or sections.

    It’s complicated stuff. I’ll be reviewing it to try to figure out the answers to some popular questions — such as what happens to current pistols which are build to accomodate 10-bullet magazines.

    But I don’t claim to be a weapons expert, so I’d be interested in hearing from readers about any peculiarities or inconsistencies  based on their reading of this law, particularly the section 37(22) on “assault weapon” (starting at pg. 17) and section 23 on “Large capacity ammunition feeding device” (starting at pg. 20).

    NY Gun Law Text by Legal Insurrection

    Update:  Is there a “David Gregory Clause” in the New York Gun Law?


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    Typical leftie sloppiness.

    As mentioned upthread the NYS Law banning more than 7 rounds per magazine does not exempt cops.

    NEW YORK (WABC) — It appears someone forgot to exempt police officers from the ban of ammunition clips with more than 7 bullets in New York State’s new gun control law.

    It’s a big oversight that apparently happened in the haste by the Cuomo Administration to get a tough package of gun-control measures signed into law.

    On Tuesday, Governor Andrew Cuomo signed the sweeping gun measure, the nation’s toughest. It includes a ban on the possession of high-capacity magazines.

    Specifically, magazines with more than 7 rounds will be illegal under the new law.

    The problem as the statute is currently written does NOT exempt law enforcement officers.

    The NYPD, the State Police and virtually every law enforcement agency in the state carry 9-milli-meter guns, which have a 15-round capacity.

    More on NYC police officers violating new gun law.


    A New York lawmaker says that the state’s recently passed gun control law stunningly fails to include any exemptions for law enforcement officers, and technically prohibits police from ever bringing guns on school grounds or possessing extended ammo magazines.

    The NY SAFE Act, which was championed and signed into law by Democratic Gov. Andrew Cuomo, bans all magazines that hold more than seven bullets and pre-1994 high capacity magazines, and prohibits the carrying of guns on school grounds.

    But because no loophole for law enforcement was included in the law, every police officer in the state is technically in violation of the statute even though the prohibition is unlikely to be enforced, according to New York Assemblyman Al Graf.

    Graf — a former New York City police officer and the ranking Republican member of the assembly’s powerful Codes Committee — says that the ban could even impede the efforts of officers to respond to a school shooting.

    “The language is unclear, and to go further, a cop cannot go on school property with a gun,” Graf told The Daily Caller. “They weren’t exempted from that, either.”

    “There was actually a story that was relayed to me the other day about a New York City police officer who went to a school the other day to pick up his kid, and the security guard told him that if he came to the school with his off-duty gun he would be arrested,” Graf continued.
    Graf says that the exemption was not included in the bill because Cuomo, a rising Democratic star and possible 2016 presidential candidate, rushed it through the legislature via a shortcut known as a “message of necessity.” This allowed for little public scrutiny of the bill, which was easily passed by the legislature and signed into law on Tuesday.

    “I got my hands on the bill at 11:30 at night,” Graf said, adding that he only had an hour to go through it before a meeting of the Codes Committee.

    “Nobody was really able to look the bill,” before it was passed, according to Graf.

    “It doesn’t exclude retired police officers, so all of them have to turn in guns and magazines and stuff like that,” he said. “What they did is disarm the good guys and make sure the bad guys outgun them.”

    “There are so many problems with this bill it’s unreal,” Graf said.

    If there’s anything funny about that gun law, it’s the prohibition against pistols weighing more than ‘fifty ounces when unloaded.’ The left is taking the war on obesity to firearms? I still can’t figure out the rationale behind that one.

    Frighteningly, no magazine can contain nor more than 7 bullets. Next year, 6. The year after that, 5. And so on and so on, until it is 1. Then it’ll be illegal to keep the bullet in the chamber unless there is a life-threatening emergency (defined in the bill, of course).

    TomHynes | January 17, 2013 at 10:48 pm

    Gun buybacks are now illegal in New York.

    Article 39-DDD states that, notwithstanding any previous law, all transfers and dispositions(except to close family) must be done through an FFL with an instant background check. My understanding is that under federal law, FFLs have to do all their work at their place of business. I saw no exemption for police department purchasers. Even if the law doesn’t apply to government purchasers, it seems to apply to private party sellers (or disposers, if trading a gun for a gift card is not a sale).

    To comply with the law, a gun buyback must be at a gun store and the FFL has to keep a log of every purchase.

    “Any person who violates the provisions of this article shall be guilty of a class A misdemeanor”, so both the cops buying the guns and the sellers go straight to jail.

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