NY AWB Introduced: No grandfather. No possession. No registration

The Constitution is getting trampled. Does anyone care?

When Injustice Becomes Law, Resistance becomes Duty. -Thomas Jefferson

Reading through it I see this:

(IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE;

This is truly scary. I’m worried the arses in MA will try something similar.

No sale.

There is only one response to such an illegal dictate.

Good grief. Not just the evil ‘black rifle’ but also semi-auto pistols and shotguns.

“The tree of liberty must be refreshed from
time to time, with the blood of patriots and tyrants.
It is its natural manure.”

When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson

S1422-2013 Text
S T A T E O F N E W Y O R K

1422
2013-2014 Regular Sessions
I N SENATE
(PREFILED)
January 9, 2013

Introduced by Sen. DIAZ — read twice and ordered printed, and when
printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to increasing the penalty for
the possession, use, or sale of certain firearms and ammunition, the
definition of assault weapon, and to repeal subdivision 22 of section
265.00 of the penal law relating to the definition of an assault weap
on
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
BLY, DO ENACT AS FOLLOWS:

Section 1. Subdivision 22 of section 265.00 of the penal law is
REPEALED and a new subdivision 22 is added to read as follows:

22. “ASSAULT WEAPON” MEANS ANY:

(A) SEMI-AUTOMATIC OR PUMP-ACTION RIFLE THAT HAS THE CAPACITY TO
ACCEPT A DETACHABLE MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:

(I) A PISTOL GRIP;
(II) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(III) A FOLDING OR TELESCOPING STOCK;
(IV) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT
ENCLOSES THE BARREL; OR
(V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR;
(B) SEMI-AUTOMATIC PISTOL, OR ANY SEMI-AUTOMATIC, CENTERFIRE RIFLE
WITH A FIXED MAGAZINE, THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN
ROUNDS OF AMMUNITION;
(C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:

(I) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
EXPLANATION—Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05841-02-3

S. 1422 2
(II) A FOLDING OR TELESCOPING STOCK;
(III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT
ENCLOSES THE BARREL;
(IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR
(V) THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AT ANY LOCATION
OUTSIDE OF THE PISTOL GRIP;
(D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING:

(I) A PISTOL GRIP OR A VERTICAL HANDGRIP;
(II) A FOLDING OR TELESCOPING STOCK;
(III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR
(IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE;
(E) SHOTGUN WITH A REVOLVING CYLINDER;
(F) GRENADE LAUNCHER;
(G) CONVERSION KIT, PART, OR COMBINATION OR PARTS, FROM WHICH AN
ASSAULT WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR
UNDER THE CONTROL OF THE SAME PERSON; OR
(H) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES, DETERMINED BY
RULES AND REGULATIONS OF THE SUPERINTENDENT OF STATE POLICE TO BE
PARTICULARLY SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. IN ADDI
TION, THE SUPERINTENDENT OF STATE POLICE SHALL, BY RULES AND REGU
LATIONS, DESIGNATE SPECIFIC SEMIAUTOMATIC CENTERFIRE OR RIMFIRE RIFLES
OR SEMIAUTOMATIC SHOTGUNS, IDENTIFIED BY MAKE, MODEL AND MANUFACTURER’S
NAME, TO BE WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPERINTEN
DENT OF STATE POLICE DETERMINES THAT SUCH WEAPONS ARE PARTICULARLY SUIT
ABLE FOR MILITARY AND NOT SPORTING PURPOSES. A LIST OF ASSAULT WEAPONS,
AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, SHALL BE MADE
AVAILABLE ON A REGULAR BASIS TO THE GENERAL PUBLIC.
PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS
BEEN RENDERED PERMANENTLY INOPERABLE.

S 2.

Section 265.00 of the penal law is amended by adding three new
subdivisions 24, 25 and 26 to read as follows:

24. “DETACHABLE MAGAZINE” MEANS ANY AMMUNITION FEEDING DEVICE, THE
FUNCTION OF WHICH IS TO DELIVER ONE OR MORE AMMUNITION CARTRIDGES INTO
THE FIRING CHAMBER, WHICH CAN BE REMOVED FROM THE FIREARM WITHOUT THE
USE OF ANY TOOL, INCLUDING A BULLET OR AMMUNITION CARTRIDGE.
25. “MUZZLE BRAKE” MEANS A DEVICE ATTACHED TO THE MUZZLE OF A WEAPON
THAT UTILIZES ESCAPING GAS TO REDUCE RECOIL.
26. “MUZZLE COMPENSATOR” MEANS A DEVICE ATTACHED TO THE MUZZLE OF A
WEAPON THAT UTILIZES ESCAPING GAS TO CONTROL MUZZLE MOVEMENT.

S 3.

Section 265.20 of the penal law is amended by adding a new subdi
vision e to read as follows:

E. POSSESSION OF AN ASSAULT WEAPON ON PROPERTY OWNED OR IMMEDIATELY
CONTROLLED BY THE PERSON, OR WHILE ON THE PREMISES OF A LICENSED
GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL
USE OF THE ASSAULT WEAPON AT A DULY LICENSED FIRING RANGE, OR WHILE
TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED
SUCH WEAPON PRIOR TO JANUARY FIRST, TWO THOUSAND FOURTEEN AND WHO, PRIOR
TO APRIL FIRST, TWO THOUSAND FOURTEEN:

1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR
2. SURRENDERS THE ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT
AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI
SION A OF THIS SECTION.

S 4. Subdivision 23 of section 265.00 of the penal law, as added by
chapter 189 of the laws of 2000, is amended to read as follows:

S. 1422 3
23. “Large capacity ammunition feeding device” means a magazine, belt,
drum, feed strip, or similar device[, manufactured after September thir-
teenth, nineteen hundred ninety-four,] that has a capacity of, or that
can be readily restored or converted to accept, more than ten rounds of
ammunition; provided, however, that such term does not include an
attached tubular device designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition.

S 5.

Section 265.02 of the penal law, as amended by chapter 764 of the
laws of 2005, is amended to read as follows:

S 265.02 Criminal possession of a weapon in the third degree.
A person is guilty of criminal possession of a weapon in the third
degree when:

(1) Such person commits the crime of criminal possession of a weapon
in the fourth degree as defined in subdivision one, two, three or five
of section 265.01, and has been previously convicted of any crime; or
(2) Such person possesses any explosive or incendiary bomb, bombshell,
firearm silencer, machine-gun or any other firearm or weapon simulating
a machine-gun and which is adaptable for such use; or
(3) Such person knowingly possesses a machine-gun, firearm, rifle or
shotgun which has been defaced for the purpose of concealment or
prevention of the detection of a crime or misrepresenting the identity
of such machine-gun, firearm, rifle or shotgun; or
(5) (i) Such person possesses three or more firearms; or (ii) such
person possesses a firearm and has been previously convicted of a felony
or a class A misdemeanor defined in this chapter within the five years
immediately preceding the commission of the offense and such possession
did not take place in the person’s home or place of business; or
(6) Such person knowingly possesses any disguised gun[; or
(7) Such person possesses an assault weapon; or
(8) Such person possesses a large capacity ammunition feeding device].
Criminal possession of a weapon in the third degree is a class D felo
ny.

S 6.

Section 265.04 of the penal law, as amended by chapter 764 of the
laws of 2005, is amended to read as follows:

S 265.04 Criminal possession of a weapon in the first degree.
A person is guilty of criminal possession of a weapon in the first
degree when such person:

(1) possesses any explosive substance with intent to use the same
unlawfully against the person or property of another; or
(2) possesses ten or more firearms; OR
(3) POSSESSES AN ASSAULT WEAPON; OR
(4) POSSESSES A LARGE CAPACITY AMMUNITION FEEDING DEVICE.
Criminal possession of a weapon in the first degree is a class B felo
ny.

S 7. The penal law is amended by adding two new sections 265.45 and
265.46 to read as follows:

S 265.45 UNLAWFUL POSSESSION OF A FIREARM UPON SCHOOL GROUNDS IN THE
SECOND DEGREE.
IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY POSSESS ANY FIREARM
IN OR UPON A BUILDING OR GROUNDS, USED FOR EDUCATIONAL PURPOSES, OF ANY
SCHOOL, COLLEGE OR UNIVERSITY, WITHOUT THE WRITTEN AUTHORIZATION OF SUCH
EDUCATIONAL INSTITUTION.
UNLAWFUL POSSESSION OF A WEAPON UPON SCHOOL GROUNDS IN THE SECOND
DEGREE IS A CLASS C FELONY.

S 265.46 UNLAWFUL POSSESSION OF A FIREARM UPON SCHOOL GROUNDS IN THE
FIRST DEGREE.

S. 1422 4
IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY POSSESS AN ASSAULT
WEAPON, LARGE CAPACITY AMMUNITION FEEDING DEVICE OR DETACHABLE MAGAZINE
IN OR UPON A BUILDING OR GROUNDS, USED FOR EDUCATIONAL PURPOSES, OF ANY
SCHOOL, COLLEGE OR UNIVERSITY, WITHOUT THE WRITTEN AUTHORIZATION OF SUCH
EDUCATIONAL INSTITUTION.
UNLAWFUL POSSESSION OF A WEAPON UPON SCHOOL GROUNDS IN THE FIRST
DEGREE IS A CLASS B FELONY.

S 8. The closing paragraph of section 265.08 of the penal law, as
added by chapter 233 of the laws of 1980, is amended to read as follows:

Criminal use of a firearm in the second degree is a class [C] B felo
ny.

S 9. The closing paragraph of subdivision 1 and subdivision 2 of
section 265.09 of the penal law, the closing paragraph of subdivision 1
as amended and subdivision 2 as added by chapter 650 of the laws of
1996, are amended to read as follows:

Criminal use of a firearm in the first degree is a class [B] A felony.
(2) Sentencing. Notwithstanding any other provision of law to the
contrary, when a person is convicted of criminal use of a firearm in the
first degree as defined in subdivision one of this section, the court
shall impose an additional consecutive sentence [of five years] to the
minimum term of an indeterminate sentence imposed on the underlying
class B violent felony offense where the person convicted of such crime
displays a loaded weapon from which a shot, readily capable of producing
death or other serious injury may be discharged, in furtherance of the
commission of such crime, provided, however, that such additional
sentence shall not be imposed if the court, having regard to the nature
and circumstances of the crime and to the history and character of the
defendant, finds on the record that such additional consecutive sentence
would be unduly harsh and that not imposing such sentence would be
consistent with the public safety and would not deprecate the serious
ness of the crime. Notwithstanding any other provision of law to the
contrary, the aggregate of the [five year] consecutive term imposed
pursuant to this subdivision and the minimum term of the indeterminate
sentence imposed on the underlying class B violent felony shall consti
tute the new aggregate minimum term of imprisonment, and a person
subject to such term shall be required to serve the entire aggregate
minimum term and shall not be eligible for release on parole or condi
tional release during such term. This subdivision shall not apply where
the defendant’s criminal liability for displaying a loaded weapon from
which a shot, readily capable of producing death or other serious injury
may be discharged, in furtherance of the commission of crime is based on
the conduct of another pursuant to section 20.00 of the penal law.

S 10. The closing paragraph of section 265.11 of the penal law, as
amended by chapter 764 of the laws of 2005, is amended to read as
follows:

Criminal sale of a firearm in the third degree is a class [D] C felo
ny.

S 11. The closing paragraph of section 265.12 of the penal law, as
amended by chapter 764 of the laws of 2005, is amended to read as
follows:

Criminal sale of a firearm in the second degree is a class [C] B felo
ny.

S 12. The closing paragraph of section 265.13 of the penal law, as
amended by chapter 764 of the laws of 2005, is amended to read as
follows:

S. 1422 5
Criminal sale of a firearm in the first degree is a class [B] A felo
ny.

S 13. Severability. If any provision or term of this act is for any
reason declared unconstitutional or invalid or ineffective by any court
of competent jurisdiction, such decision shall not affect the validity
or the effectiveness of the remaining portions of this act or any part
thereof.

S 14. This act shall take effect immediately.

Their goal is to make us all criminals.....

“Did you really think we want those laws observed?” said Dr. Ferris. “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against... We’re after power and we mean it... There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be much easier to deal with.”
-Atlas Shrugged

Resistance to tyrants is obedience to God.
Jefferson and Franklin.

How about this...

1556 — John Ponet published A Short Treatise of Politike Power (commended by John Adams).

Chapter VI. Whether It Be Lawful To Depose An Evil Governor, And Kill A Tyrant.
...
Now for as much as there is no express positive law for punishment of a tyrant among Christian men, the question is, whether it is lawful to kill such a monster and cruel beast covered with the shape of a man. And first for the better and more plain prose of this matter, the manifold and continual examples that have been from time to time of the deposing of kings, and killing of tyrants, do most certainly confirm it to be most true, just and constant to God’s judgment. The history of kings in the Old Testament is full of it.

But now to prove the later part of this question affirmatively, that it is lawful to kill a tyrant: there is no man that can deny, but that the ethnics (although they had not the right and perfect knowledge of God) were endued with the knowledge of the law of nature.

For it is no private law to a few or certain people, but common to all: not written in books, but grafted in the hearts of men: not made by man, but ordained of God: which we have not learned, received or read, but have taken, sucked, and drown it out of nature: where unto we are not taught, but made: not instructed, but seasoned: and (as St. Paul says) man’s conscience bearing witness of it.

This law testifies to every man’s conscience

S1422-2013: Increases the penalty for the possession, use, or sale of certain firearms and ammunition and redefines “assault weapon”; repealer
Introduced by Sen. DIAZ

RUBEN DIAZ
(D) 32ND SENATE DISTRICT
http://www.nysenate.gov/senator/ruben-diaz

Albany Office
188 State Street Room 606, Legislative Office Building
Albany, NY 12247
United States
Phone: (518) 455-2511
Fax: (518) 426-6945

District Office
900 Rogers Place
Bronx, NY 10459
United States
Phone: (718) 991-3161
Fax: (718) 991-0309

Email address: diaz@senate.state.ny.us

SCOTUS

Anyone seen the MSM news report that was evidently presented last Fri or Sat stating that the Bushmaster was indeed left in the trunk and that the crime had been done only with pistols?

Naturally, one will not expect the MSM to make it very popular.

Oh well, CW-II will start - with this - or most probably when this is followed by the upcoming govt bankruptsy.

When it does happen, guard the airports and exits from capitols and Dc...we want to catch the perps and treat them in the manner that the law will require that they justly deserve.

From the TEXAS Declaration of Independence from Mexico..

http://avalon.law.yale.edu/19th_century/texdec.asp

“It has demanded us to deliver up our arms, which are essential to our defence, the rightful property of freemen, and formidable only to tyrannical governments.”

THE RIGHTFUL PROPERTY OF FREEMEN! Even Texas understood it!

Remember “Kill em all and let God sort them out!”?

The day I left New York State for good will stand out, forever in my mind, as my second birthday.

Introduced by Sen. DIAZ --

Communist Cuba bud?

Well then we'll become lawless, too.

Just like our president.

It is a bill that has been introduced. It has not been passed let a lone signed. And there is sill the courts and their opinions that have to weigh in. It is more than a little dramatic to be jumping up and down at this point. There are plenty of stupid and unconstitutional laws that are introduced that never get passed