Did New York State Just Accidentally Outlaw ALL Firearms?

NY Times s2230 pdf ^ | January 15, 2013 | NY legisfools

[kiryandil]

Did the New York state legislature just accidentally make it a crime to merely OWN a firearm?

See page 22 of the posted bill, s2230:

§ 41-a. The penal law is amended by adding a new section 265.01-b to 5 read as follows:
6 § 265.01-b Criminal possession of a firearm.
7 A person is guilty of criminal possession of a firearm when he or she:
8 (1) possesses any firearm or; (2) lawfully possesses a firearm prior to
9 the effective date of the chapter of the laws of two thousand thirteen
10 which added this section subject to the registration requirements of
11 subdivision sixteen-a of section 400.00 of this chapter and knowingly
12 fails to register such firearm pursuant to such subdivision.
13 Criminal possession of a firearm is a class E felony.

[Conserev1]

The amazing thing to me is this. Who ever compiled all these so called laws and from the date of Sandy Hook, which only took ten days time to compile all this crap.
This has been in the wings and just brought out! Creative writing in it’s best moments could not write this in 10 days.
If you haven’t gone to the total file I suggest you do!

[Wuli]

The poor English seems to say that it is illegal to possess any firearm purchased after the date specified in the new langauge, or any firearm purchased before the date in the new language and not legally regustered before that date.

In short, the poor English sounds to me like all previously registered firearms are grandfathered in and everything else is illegal.

[Talisker]

What most don’t understand about NY gun laws is: normal rifles and shotguns are not “firearms”. I kid you not. “Firearms” in NY are whatever is defined as regulated and restricted or banned, to wit handguns, assault weapons, short barreled rifles/shotguns, and machineguns. So: no, they didn’t. Welcome to legalese - words don’t mean what you think they do.

Excellent post. In law, such specifically defined words are called "terms of art," and they are used everywhere.

In fact, they are what Roberts exposed in his Obamacare ruling, and what people didn't bother to learn about before they unfairly damned him.

One Stone, Two Powers: How Chief Justice Roberts Saved America

[Born to Conserve]

This is what we call a “long sentence”. They happen. You have to read the sentence all the way to the end before you judge its meaning.

[kiryandil]

This is what we call a “long sentence”. They happen. You have to read the sentence all the way to the end before you judge its meaning.

I used to make a living parsing the English language. I believe they referred to me as "99th percentile" in my youth.

§ 41-a. The penal law is amended by adding a new section 265.01-b to 5 read as follows:
6 § 265.01-b Criminal possession of a firearm.
7 A person is guilty of criminal possession of a firearm when he or she:
8 (1) possesses any firearm or; (2) lawfully possesses a firearm prior to
9 the effective date of the chapter of the laws of two thousand thirteen
10 which added this section subject to the registration requirements of
11 subdivision sixteen-a of section 400.00 of this chapter and knowingly
12 fails to register such firearm pursuant to such subdivision.
13 Criminal possession of a firearm is a class E felony.

(1) has nothing to do with (2), because of or;

When this was brought to the attention of a New York Senate legislative aide (see above), he tried to fob off another section of the NY criminal code on the questioner.

That, too, was incorrect.

[PMAS]

*

[ROCKLOBSTER]

“There are some technical deficiencies in the law that was passed but the governor will correct those through a legislative procedure”

OH YEAH!

Let's make sure it is sent forthwith to the Committee on Engrossed Bills and thence reported to be truly and strictly engrossed....

hitherto and thereof....harrumph...

[firebrand]

He caused the global financial meltdown and now he has made every gun owner in his state a felon. He’s like a one-man wrecking crew.

[SisterK]

probably trial run for other states

[rochester_veteran]

Powerful testimony from Sen. Ball on the night of the vote.

[Egon]

Whew! Thank goodness!

Now all New York children are safe in school! Kids can emerge from their homes, blinking in the light, and frolic in the streets— secure in the knowledge that shooting them down indiscriminately is even MORE illegal than it already was.

That crazed gunman, with his new double-secret illegal firearm is going to have to think for an extra second or two, contemplating: should he survive after razing dozens of kids in the still completely defenseless (even more defenseless now) school, he may actually be slapped with [gasp] yet another felony charge.

I’m so proud to be an enlightened American today!

[Road Glide]

“The folks at kimber (Yonkers, NY) are in deep sh!t.”

I wouldn’t be surprised to see them migrate to “red state” before much longer.

[EODGUY]

I’ve got a quote framed on my home office wall:

“This year will go down in history, for the first time a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future.” Adolf Hitler, 1935

EODGUY

[onona]

Hey, where do I sign up for that lawsuit ???

[onona]

I got it from another post, so thanks

[onona]

I got it from another post, so thanks

[rustbucket]

New York ratified the US Constitution with the following words voted for and approved by the ratification convention including Alexander Hamilton and John Jay, two of the three authors of The Federalist Papers (Link):

We, the delegates of the people of the state of New York, duly elected and met in Convention, having maturely considered the Constitution for the United States of America, agreed to on the 17th day of September, in the year 1787, by the Convention then assembled at Philadelphia, in the commonwealth of Pennsylvania, (a copy whereof precedes these presents,) and having also seriously and deliberately considered the present situation of the United States, — Do declare and make known, —

...

That the people have a right to keep and bear arms; that a well-regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state.

...

Under these impressions, and declaring that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid are consistent with the said Constitution, and in confidence that the amendments which shall have been proposed to the said Constitution will receive an early and mature consideration, — We, the said delegates, in the name and in the behalf of the people of the state of New York, do, by these presents, assent to and ratify the said Constitution. ...

[Freedom_Is_Not_Free]

It is always nice to know I am not alone, and that you and millions like you understand me and what I’m going through watching my beautiful nation decline toward Italy on the way to socialist totalitarianism.

Before the internet, before FreeRepublic, I felt quite alone. I may be losing the culture war, but at least I know I am not alone and there are thousands and millions of us out there furious and trying to figure out how to stop our race into Tyranny.

[CottShop]

[[figure out how to stop our race into Tyranny.]]

My beleif is, that the law will not help- lawyers can not help and the only real recourse is to first try a non violent civil disobedience- withholding taxes that go to the state- but this can only happen IF enough gun owners band togetrher- which is why thee NRA is needed- but apaprently the NRA doesn’t want to dirty their feet in the trenches i nthe fight for justice and freedom-

Megan Kelly on fox news today said that an amendment specifically gicves govenrment the right to ‘regualate guns’ (that I did not know about before)- and if thsi is true, then cuomo is not technically doign anythign wrong (except for abusign his power by rammign htrough his policies WITHOUT public hearings and input by declaring ‘emergency situations- which he has doen soem 34 times now o ndifferent issues)- and there is nothign a lawyer can do to stop him from regulating guns to such an extent that it makes it practically impossible to own guns or posses them

Our counstitution was set up to allow the citizens to hold onto their own rights by givign them the right to bear arms to protect themselves agaisnt rogue governments- or to use hwatever means necessary to retain the rights we have- which of course the govenrment iwll immediately label as civil disobedience, however, our own govenrment is disobeying the law and abusign hte law- so if the peopel rersist throguh mweans such as withholding taxes, it can’t really be civil disobediecne on the civilians sides- as they are simply doign what ANY good business oeprator does- refusign to pay any elected official who has refused to do the work they were privileged to undertake for the state-

another course of action coudl be for everyoen who wants one and can afford one, to buy a handgun and refuse to get mental health evaluations and refuse to regiuster the guns- but it woudl take a great number of folks in order to pull this off

Years ago the federal govenrment tried passing soem archane intrusive law, and the states banded together and essentialyl told the govenrment “Nope- Not on my watch you don’t” And the govenrment was FORCED to back down because they had no way to enforce the law on so many peopel who wouldn’t comply- It was a peaceful but effective non violent civil disobedience, and it worked- no lawyers, no ads from the NRA, no nothing except for dedication by these states to stand their ground and REFUSE to allow hte governemnt to walk all over them!!! and that CAN work again today, but today noone has the guts to even try anymore-

That’s hwat needs to be done- but I’m afraid many in NY do not have enough backbone to excersize hteir RIGHT to cease payign someoen who refuises to do the job they were elected to do and who refuises to stop abusign their privilege by falslely declarign emergencies at every turn

You’re not alone- I’m sure there are many of us with heavy hearts watchign our coutnry give up and allow government to trample their constitutional rights-

[CottShop]

Hey Rochester- just heard megan kelley on fox talkign abotu hte secodn amendment and statign that kkkuomo is doign nothign unconstitutional because ‘The constitution allows regulation of guns’ (I hadn’t realized that was an amendment i nthe constitution)- If thsi is the case, then the lawyer you spoke to I beleive is wrogn abotu havign a strong case (Note, I’m certaionly no lawyer, and am just looking at this through the goggles of what info is available to me- perhaps he knows soemthign I dont)

IF an amendment gives governments the right to regualte guns and ammo, then nothign i nthe cosntitution prevents them from regulating it so severely that it is impossibel to own one- technically, they won’t be ‘banning guns’ nor ‘confiscatign them WITHOUT DUE CAUSE’ (accordign to their warped reasoning that is) ,and so they get to technically say “We didn’t violate the constitution, and are fully within our riughts takign guns from homes where we perceive the guns to be a threat in the hands of unstable owners”

Previously owned property CAN be taken away- Hell, even a couple’s children can be taken away which are far more important and personal than guns

I hope your lawyer knows somethign I don’t, but it’s looking like kkkuomo can’t be touched i nthe court of law because technically he isn’t doing anythign unconstitutional-

There’s a tiem for law, and then there’s a tiem for action (I’m talking non vilolent but effective action liek organized civil disobedience- which actually would be disobedience, but rather woudl properly be called be prudent and responsible business descisions- liek withholdign payment ot the gvoernemt for FAILURE to listen to the people, for abuse of power, abuse of priveilege by declarign emercgencies hwere there ARE NO emergencies just for the sake of ramming bills through without public input or consent=-)

antoehr effective non violent means could be if enough peopel who wanted and can affor,d and those who already own, band togehter and colelctively REFUSE to participate in mandated mental health evaluations, and IF they REFUSED to register their guns as a collective and powerful whole

I’m just afraid that actiosn like or similar to these may be the only choice left IF NY’ers wish to keep thjeir guns AND keep their cosntitutional rights without undue and overly burdensome regulatiosn beign placed on them just for ownign guns-

Years ago the fed gov tried to enact an intrusive and unpopular law, and many states banded together and told the govenrment “Nope- NOT on our watch you don’t” and hte government knew they meant it, and was forced to back down- IF NY’er wish to keep their freedoms and thjeir guns (AND IF they want to throw out assinine laws that haven’t worked but have just made it harder for law abidign citizens to own guns, and IF they wish to do away with ‘gun free zones’ that put EVERYONE at risk and at the mercy of gun totin criminals who IGNORE the gun free zone qwarnings- now woudl be their chance to get thsi ALL doen in one fell swoop- but it wil ltake a massive effort that is far more effective than lawsuits which might only just temporarily halt the bills for a short time- Action By The People will be a lastign and powerful message that we the peopel are fed up with how elitist politicians are running our lives when they were hired to SERVE US-