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Bill Summary - A03371 (Gun confiscations in NY State)
New York State Assembly ^ | February 18, 2005 | Bing

Posted on 02/18/2005 1:25:47 PM PST by TERMINATTOR

A03371 Summary:

SAME AS No same as

SPONSOR Bing

COSPNSR Eddington, Englebright, Paulin, Dinowitz, Cook, Seddio, Lavelle, Ortiz, Stringer, Espaillat, Benedetto

MLTSPNSR Brennan, Cymbrowitz, Diaz L, Diaz R, Gordon, Gottfried, Hooper, Lafayette, Peoples, Pheffer, Sanders, Towns, Wright

Rpld S265.00 sub 22 (e) sub (iv) & (v), amd SS265,00, 265.20 & 400.05, Pen L

Adds semiautomatic rifles, shotguns or pistols or a replica or a duplicate thereof manufactured on October 1, 1993 and semiautomatic rifles, shotguns or semiautomatic pistols lawfully possessed prior to September 14, 1994 to the definition of assault weapon; provides for the superintendent of the division of state police to accept surrendered assault weapons; declares such assault weapons surrendered a nuisance.


A03371 Actions:

02/02/2005 referred to codes

A03371 Votes:


A03371 Memo:

TITLE OF BILL: An act to amend the penal law, in relation to adding certain weapons to the definition of assault weapon and repealing certain provisions of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

To repeal the grandfather clause in the definition of assault weapon which currently allows the possession of an assault weapon if the weapon was lawfully possessed prior to September fourteenth, nineteen hundred ninety-four or if the weapon was manufactured on of before October first, nineteen hundred ninety-three; to provide for the surrender and destruction of such weapons.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Subparagraphs (iii), (iv), and (v) of paragraph (e) of subdi- vision 22 of section 265.00 of the penal law are amended to prohibit the possession of an assault weapon lawfully possessed prior to September fourteenth, nineteen hundred ninety-four, and is amended to prohibit the possession of a weapon as defined in Appendix A to section 922 of 18 U.S.C. as such a weapon was manufactured on October first, nineteen hundred ninety-three.

Section 2 Paragraph one of subdivision a of section 265.20 of the penal law is amended to provide that all assault weapons must be surrendered to the superintendent of the division of state police within 15 days of the repeal of the grandfather clause.

Section 3 Section 400.05 of the penal law is amended to provide that assault weapons surrendered after the repeal of the grandfather clause will be declared a nuisance and be destroyed.

Section 4 Effective date

JUSTIFICATION:

In 2000, New York`s penal law was amended to define military-style weap- ons and weapons with excessively large ammunition capacities as "assault weapons." The possession and sale of such assault weapons was banned but a "grandfather clause" was included, allowing the legal possession of those assault weapons that were lawfully possessed since September 14, 1994 or manufactured on or before October 1, 1993. Given the current heightened concerns regarding terrorism, and the danger posed by these military-style and large capacity weapons, this bill repeals the assault weapon grandfather clause and prohibits the sale and possession of all assault weapons in an effort to protect citizens and law enforcement personnel.

PRIOR LEGISLATIVE HISTORY:

2003-04: A7333-A Referred to Codes

FISCAL IMPLICATION:

None.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the date on which it shall have become law.



TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; US: New York
KEYWORDS: 2a; assaultweapons; bang; banglist; colddeadhands; fmcdh; gunconfiscations; molonlabe; tyranny
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"Mr. and Mrs. America, turn em all in" -Princess Di Fineswine
1 posted on 02/18/2005 1:25:49 PM PST by TERMINATTOR
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To: TERMINATTOR
...this bill repeals the assault weapon grandfather clause and prohibits the sale and possession of all assault weapons in an effort to protect citizens and law enforcement personnel.

Change the rules after the fact---another reason you should never "compromise" with liberals.

2 posted on 02/18/2005 1:32:25 PM PST by Erik Latranyi (9-11 is your Peace Dividend)
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To: TERMINATTOR

This bill MUST NOT pass.


3 posted on 02/18/2005 1:33:09 PM PST by USMC79to83
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To: TERMINATTOR

NY, even during the Revolution was Pro-Brit and NOT on our side much less Constitutional!


4 posted on 02/18/2005 1:42:40 PM PST by zzen01
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To: TERMINATTOR

Great.

My two senators are guaranteed to vote for it.
As will the idiot congressman of my district.


5 posted on 02/18/2005 1:43:34 PM PST by Darksheare (It is not a ZOT, it is aggressive electro-dermal exfoliation! Yeeeeeeeeeeeagh!)
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To: zzen01

I don't know about that. I have an anscestor that fought in the Battle of Brooklyn...


6 posted on 02/18/2005 1:44:53 PM PST by patton (Matthew 6:6)
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To: TERMINATTOR
If this passes, a number of states (MA, IL) will want to copy it. It would be like the domino effect of the first gay marriage authorizations in VT and MA.

Considering that upstate NY is pretty conservative, I'd expect a major fuss over this.

7 posted on 02/18/2005 1:48:49 PM PST by Pearls Before Swine
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To: TERMINATTOR

"Adds semiautomatic rifles, shotguns or pistols or a replica or a duplicate thereof manufactured on October 1, 1993 and semiautomatic rifles, shotguns or semiautomatic pistols lawfully possessed prior to September 14, 1994 to the definition of assault weapon; provides for the superintendent of the division of state police to accept surrendered assault weapons; declares such assault weapons surrendered a nuisance."

Read this paragraph close folks.

It's not just 'assault rifles' anymore.

It's ALL guns.

Even nonfunctioning 'replicas'.


8 posted on 02/18/2005 1:52:54 PM PST by Bigh4u2
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To: TERMINATTOR

The only place this bill would have a chance of dying is the Senate, granted the MASSIVE Democrat majority in the Assembly. Contact your State Senators, fellow New Yorkers...


9 posted on 02/18/2005 2:00:07 PM PST by GiveEmDubya
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To: TERMINATTOR

If IT, ( Hitlerly) should run in 2008, there is no way in hell that he RED states would vote for anyone that voted for that bill . We always win without New York and we can do it again .


10 posted on 02/18/2005 2:10:36 PM PST by Renegade
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To: Pearls Before Swine
Considering that upstate NY is pretty conservative, I'd expect a major fuss over this.

No it is not.

11 posted on 02/18/2005 2:16:25 PM PST by SpeakingUp
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To: Badray

ping!


12 posted on 02/18/2005 2:20:04 PM PST by Conservative Goddess (Veritas vos Liberabit, in Vino, Veritas....QED, Vino vos Liberabit)
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To: USMC79to83

If You are in that cesspool, just get Your butt out of it.
Let them rot, You ain't gonna cure the idiots.


13 posted on 02/18/2005 2:25:09 PM PST by SWAMPSNIPER (F)
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To: The Mayor

FYI PING!


14 posted on 02/18/2005 2:30:16 PM PST by NYTexan (.....Back to the Bunker!)
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To: TERMINATTOR

'From my cold dead hands'


15 posted on 02/18/2005 2:34:15 PM PST by NYTexan (.....Back to the Bunker!)
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To: TERMINATTOR

England style confiscation, right here in the ol' USA.

Shameful!


16 posted on 02/18/2005 2:34:59 PM PST by G32
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To: TERMINATTOR

The heightened state of terrorism is the excuse for banning any gun with "excessive" magazine capacity.
that could be construed as one bullet.

Were pulling for you New York! It isn't just your fight, it is the fight for the American Dream. We all have a stake in our Constitution.


17 posted on 02/18/2005 2:36:47 PM PST by o_zarkman44
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To: SpeakingUp

Everything's relative. I know upstate NY firearms regulation is more sane than the City. There are welfare pockets scattered all over upstate and the "Southern Tier," but my wife's family is from Rochester, and the general sentiment is that NY State would be just fine if Manhattan Island floated away or sank beneath the waves.


18 posted on 02/18/2005 3:03:06 PM PST by Pearls Before Swine
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To: Renegade

I'm one of those Conservatives who prefers a Constitutional, aka legal form of government, something we havn't had since before Ape Lincoln. That "We" havn't had many victories since the Democrat and Republican crime families joined forces and overthrew our republican form of government.

I see one long string of near absolute tyranny since Lincoln. What "win" are you referring to, the death of the Constitution?


19 posted on 02/18/2005 3:23:16 PM PST by TERMINATTOR ("I believe in background checks at gun shows or anywhere" - GWB)
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To: TERMINATTOR
Ape Lincoln

Now, that wasn't kind.

20 posted on 02/18/2005 3:26:41 PM PST by Dog Gone
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