Posted on 01/15/2013 8:17:18 PM PST by 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.
(Excerpt) Read more at nytimes.com ...
I sure hope so.
I’m sorry- I did miss your post- and you’re right- what cuomo did was tyranical by bypassing ANY opposition and ramming it through without hte people’s consent- the government is suppsoed to works for hte people- NOT in spite of the people. and cuom has proven he is unfit to hold that position-
I hope your organization will demand that he be removed from office for violating his oath of office and for illegally violating the consitution?
[[We’ve got a class action lawsuit in the works (it’s in the post that I linked) and we’re going to exhaust all the legal channels]]
I surely hope so- although I don’t think it will get anywhere- UNLESS you can find an unbiased judge (Remember how thsi coutnry was betrayed by John Roberts- even our supreme copurt will no logner protect our consitutional rights-)
[[As far as advertising about an uprising/revolt, you do know better than to tip your hand about that sort of thing, don’t you?]]
I wasn’t talkign about a violent revolt- I was speaking abotu withholding state taxes to the government for their breach of contract- they are NOT doign the job they swore to do, and they ARE violating NY’er’s rights- and they should be immediately impeached or have their funding cut off for failiure to represent the people as they were elected to do. If you or I faield to do the job we were hired to do, we woudl be fired in a NY second- Those ion govenrment SERVE US as a PRIVILEGE, not as a right, or a birthright- but lately their attitude is that we citiezens shoudl be bowign down to them for the pribvilege of servign under them- this is the very type of governence that our forefathers foguth to prevent!
I’ll go back and read your post- Sorry I missed it-
Rus. Looked into this for you. You have to read section 265.20 of the penal law which says this does not apply to non-felons, police, soldiers, etc.
It doesn't say ANYTHING about "exemptions" for "non-felon" peasants.
It only talks about exemptions for the King's Men.
Todd needs to go back to work and find the REAL DEAL, otherwise you can post a follow-on article on Breaking using this exchange.
It's beginning to look a lot like they don't know what they passed.
I have just read a little bit of your previosu post, with hte links, and will do what I can by sendign thsoe links to those I nkow in NY (and other states to show just how far NTY has sunk under the tyrant ceuomo- I do still think that the time for ‘being heard’ has passed there, and it’s getting close to the time for ‘beign felt’ (meaning cuttign off their funding- It can’t be concidered ‘civil disobedience’ if the people refuse to pay siomeone who refuses to do their job- perhaps the tazes can be simply with-held until NY elects soemone who WILL honor their oath and duty to NY- that way NY’er’s can’t be accused of ‘not payign their taxes’- they will infact be paying them, but holdign that payment to give to an official who actual EARNS it)
BTW - great work on getting in touch with the NY Senate dude!
This is what makes Free Republic great.
[[Rus. Looked into this for you. You have to read section 265.20 of the penal law which says this does not apply to non-felons, police, soldiers, etc.]]
I beleive havign an illegal gun is a felony? Is that correct? If so, the moment a gun owner refuses to go in for their mandated metnal evaluation, and they have a gun at home (especially IF it’s not registered yet) or they fail to register their gun every 5 years, or they fail to register their ‘assault rifles’ within the year- they become, by law, a felon
It seems to me that NY is hell bent on making law abiding citzens criminal felons one law at a time- Is that hwat the peopel of NY voted for? To lose their constitutional rights and to have a rogue governor pass laws that make them felons IF they fail to follow impossible gun laws?
The topic of this thread is that the New York state legislature appears to have accidentally made ALL persons in New York who possess a gun FELONS, as of the instant the bill was signed by Cuomo.
Police, soldiers, etc. (the King's Men) are exempt.
If you live in New York state, and are a peasant, and possess a firearm, you are at THIS INSTANT a FELON.
I have friends there and enemies.
Thanks GOYAKLA, with the way things are going here in the "Peoples Republic of New York", my wife and I may just end up fleeing the state for greener and freer pastures! :-) BTW, I'm not sure if you know Colonel Riley, but I marched with him at Eagles Muster in DC back in 2008. He's from Florida.
Thanks CottShop! We most certainly will revert to acts of civil disobedience if the lawsuit doesn't go anywhere, however; our lawyer believes the bill will be overturned as it's an ex-facto law taking away previously owned property. I'm a veteran and took an oath to defend the Constitution and will do so!
Yes I know what the topic was, but even without the ‘accident” and if the law was more specific, isn’t it still a felony, and hasn’t it always been a felony to possess an illegal gun in NY? My point is that now all legal guns will be concidered illegal IF soemoen doesn’t register them or if they fail to comply with an ordered mental health exam and they have a legal gun at home. Beofre, possessing an illegal gun was a choice, now, with the passge of thsi bill, all guns are illegal UNTIL they are registered and the person has passed a mental evaluation when ordered-
As I sdaid beofre- NY and soon the govenrment of US are makign law abidign gun owning citizens into instant felons one unconstitutional law after another
Ny’s law was no accident- they want you to know that you citizens are at their mercy, and it is they and they alone who will decide whether a person may possess a gun or not-
My main point I was gettign at I guess was that beofre the law, ONLY illegal gun possession was concidred a felony, Now, after the law, all guns in anyone’s possession wehter legal or illegal, will be concidered ILLEGAL until found innocent-
What has happened here is that NY has in essence, taken the phrase “innocent until PROVEN guilty” and turned it wround to now read “GUILTY UNTIL PROVEN innocent” which will be an extremely hard thing to prove IF the governemnt of NY proves that the citzens had ever had ANY sort of mental issue such as anxiety, or depression, or simply even the blues for which docs shoved anti-depreents on’ Ther’s now a national heralth database to determine whether someoen ‘has the potential’ of snapping simpyl becaue they were ocne given medications- Doctors are no logner workign for their patients, they are workign as snitches or the govenrment in order to deny the patients their constitutonal ruights-
Nope. The law just defines what a word means for the purpose of that section of law. See #179.
[[our lawyer believes the bill will be overturned as it’s an ex-facto law taking away previously owned property]]
I hste to always be negative abotu hte issue- bu I lsot a LOT of faith in the justice system when John Roberts betrayed thsi coutnry- lotso fo lawyers were certain that htere was no way any of obamacare could be upheld in the supreme court- they were absoltely certain it woudl be either all struck down, or partially struck down renderign it impotent- I too thought for certain that the supreme court would uphold the consitution and that htere was no way they couidl possibly vote that it waqs legal- I was shot htrough the heart the day of the descision- I am still stuinned to this day- We no logner have a justicce system that will protect us fro ma rogue government- The Traitor H\John Roberts Gave orabama the green light to do whatever the hell he wants to do, whether it’s constitutional or not, and he then turned aroudn and essentially blamed WE the peopel for the loss of our rights because ‘we hired o and can simply ‘vote for someoen else (after al lthe damage has been done and is now paprently irreversible) if ‘we don’t liek the current leaders”
[[We most certainly will revert to acts of civil disobedience if the lawsuit doesn’t go anywhere,]]
It won’t actually be civil disobedience to stop payments to thsoe who refuse to do their job- it will ifnact be an act of responsible leadership and an act of excersiing hte right to hire and fire anyoen you see fit as any responsible boss would do
Did you get hold of Todd Aldinger and inform him that his reading of section 265.20 of the NYS penal law was incorrect?
That's the way I read it. They should start by immediately arresting all of the police.
“Except that apparently, if you UNLAWFULLY owned a gun prior to the enactment of this law, you are not required to register it.”
CORRECT! The US Supreme Court, and some of the lessor state courts, have ALREADY ruled that no criminal can EVER be proecuted for failing to register his guns! Only law-abiding people can be so charged! That is because the criminal is not supposed to have them anyway, and so if he had to register them, he would be being compelled to testify against himself! That violates his 5th Amendment rights. So, unless you have full criminal rights, you are out of luck! DUMP New York. Leave it to the minorities.
No, it was deliberate.
RochesterConservative.comHere's the "Hall of Shame" of Republican state senators who voted FOR Cuomo's gun banning law:
P Boyle - 4 - R J Flanagan - 2 - R,C C Fuschillo - 8 - R M Golden - 22 - R,C K Hannon - 6 - R,C A Lanza - 24 - R K Lavalle - 1 - R,C J Martins - 7- R D Skelos - 9 - R,C
L Zeldin - 3 - R,C "Absent"
They are 100% Long Island downstate state senators who bowed down and kissed Cuomo's ring. Pathetic pukes.
I can't believe many of them are so-called "Conservatives".
They're not conservatives, they're quislings to the tyrant Cuomo!
Got that right. It was appalling to me that could could walk down a street I grew up on and hear THREE different languages spoken, none English! I am a former “life-long” New Yorker as of a couple months ago. I now live in a southern state. I figure I’ll be “safe” there for a while, until I need to bail to some country in Latin America that still respects basic freedoms. Of course, this will mean reluctantly learning Spanish...a language that is not particularly “music to my ears. :((
Got that right!! It was appalling to me that I could walk down a street I grew up on and hear THREE different languages spoken, none English! I am a former “life-long” New Yorker as of a couple months ago. I now live in a southern state. I figure I’ll be “safe” there for a while, until I need to bail to some country in Latin America that still respects basic freedoms. Of course, this will mean reluctantly learning Spanish...a language that is not particularly “music to my ears. :((
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