alittle clarity on new gun laws...

[sits in trees]

i recieved this email today from a NY lawmaker that i sent an email to last week.....read below.

Thank you for contacting my office to express your concerns about the

recently enacted gun control legislation. As you probably know I voted in

support of this legislation. Despite our differing viewpoints on this

important issue, I do appreciate you taking the time to share your concerns

with me. I did however want to provide you with a Q & A that further

explains the implications of the law. I hope you find it helpful.

Q: Which rifles, shotguns and other firearms are now banned?

A rifle now qualifies as an “assault weapon” if it is semiautomatic, has a

detachable magazine and any one of the following features: a flash

suppressor, a folding or collapsible stock, a pistol grip, a thumbhole

stock, a second handgrip for the non-trigger hand, a bayonet mount or a

grenade launcher. A semiautomatic shotgun with any one of these attributes,

a fixed capacity of over seven rounds or a shroud that lets the shooter

grab the barrel also qualifies. Revolving-cylinder shotguns are also

banned. A semiautomatic pistol with a folding stock, a thumbhole stock, a

second handgrip, the ability to accept a magazine outside of the grip, a

shroud or a threaded barrel capable of accepting a silencer is also banned.

These new definitions take effect immediately, so firearms dealers are now

prohibited from selling a newly classified assault weapon. The State Police

will set up a website telling which guns are legal and which are not.

Q: That new definition covers my gun. Is the government going to take it

away, or force me to sell it?

A: No.

Q: What do I need to do to keep my gun under the new law?

A: You must register with the State Police within a year — and pass a

background check when you do — and then re-register every five years. A

spokesman for the governor said you will not need to pay a fee to do so.

You could also sell the gun to a licensed retailer in the state, or someone

out of state within the next year, provided you comply with the laws in

that state and notify officials there. Otherwise, you will not be able to

transfer the weapon — even to a family member.

You have 13 months before you’re violating this part of the law.

Q: Can I still lawfully sell a rifle or a shotgun to someone in a private

sale?

A: Yes, but you must now have a licensed firearm dealer perform a

background check of your buyer. There’s an exception for the sale or gift

of a rifle and shotgun between you and your spouse, domestic partner, child

or stepchild.

Q: What about ammunition magazines?

A: Before the law’s passage, a magazine capable of holding 10 or more

rounds was unlawful, but any magazine manufactured before 1994 was exempt.

Law enforcement officials said this grandfathering provision made the ban

difficult to enforce, and it was eliminated in the current law. Now those

magazines are banned, but anyone who has one with a “reasonable belief”

that it was lawful and disposes of it within 30 days of being notified by a

law enforcement official that it is now illegal won’t be guilty of

violating the law. Otherwise, it is a Class A misdemeanor charge.

If you already have a magazine that holds up to 10 rounds, you can lawfully

keep it, but you can’t load it with more than seven rounds. If you’re

caught with a magazine containing more than seven rounds in your home,

you’ll get a ticket for your first offense, then be subject to a

misdemeanor charge. If you’re caught with a magazine outside your house,

you’re subject to a misdemeanor charge.

This part of the law takes effect in two months.

Q: What about ammunition, more generally?

A: For the first time, all ammunition must be purchased through a licensed

dealer who performs a background check and records the sale through a new

state-created database. This provision won’t take effect for a year, and at

least one month after the head of the State Police certifies the database

is operational.

Q: I have a pistol and a permit for it. I’m not a criminal; I use it for

target shooting. Does this bill affect me?

A: Yes. You’ll now need to re-register for your permit — and pass another

background check — every five years.

Once again, thank you for contacting my office. If I can provide you with

any further information or assistance on this or any other matter, please

do not hesitate to contact my office.

[132 eight pointer]

Well at least that is easy to understand unlike other info that gave me a headache.Thanks.

[adkbuck]

Thanks for posting. Clearer now.

[mlammerhirt]

So if you have a semi-auto, with a detachable clip, and after the bill was passed you buy a thumbhole stock.......can you keep the stock and just register the gun? or did you have to have the stock last week?

[wooffer]

Thumbhole stocks are not allowed with a detachable magazine firearm now. You must register it.

[Sogaard]

Buying a stock doesn't require a background check or to show ID (at least if you buy it out of state). Who is to say when you bought it?

[mlammerhirt]

So you can still buy it, if you plan on registering it.

[Renegade Hunter]

Just don't get caught

[Jennifer]

I am a bit confused about this part:

Q: What about ammunition magazines?

A: Before the law’s passage, a magazine capable of holding 10 or more

rounds was unlawful, but any magazine manufactured before 1994 was exempt.

Law enforcement officials said this grandfathering provision made the ban

difficult to enforce, and it was eliminated in the current law. Now those

magazines are banned, but anyone who has one with a “reasonable belief”

that it was lawful and disposes of it within 30 days of being notified by a

law enforcement official that it is now illegal won’t be guilty of

violating the law. Otherwise, it is a Class A misdemeanor charge.

If you already have a magazine that holds up to 10 rounds, you can lawfully

keep it, but you can’t load it with more than seven rounds. If you’re

caught with a magazine containing more than seven rounds in your home,

you’ll get a ticket for your first offense, then be subject to a

misdemeanor charge. If you’re caught with a magazine outside your house,

you’re subject to a misdemeanor charge.

Do they mean "If you are caught with a magazine that is loaded with >7 rounds outside of your house, you're subject to a misdemeanor charge"? Or does this mean that you may not leave your house with a clip that has the capacity to hold 10 rounds?

[wooffer]

Buying a stock doesn't require a background check or to show ID (at least if you buy it out of state). Who is to say when you bought it?

You can buy as many thumbhole stocks as you like,no law against that. But install it on a semi-auto rifle that has a detachable magazine and now you have an assault weapon and it must be registered.

[wooffer]

I am a bit confused about this part:

Q: What about ammunition magazines?

A: Before the law’s passage, a magazine capable of holding 10 or more

rounds was unlawful, but any magazine manufactured before 1994 was exempt.

Law enforcement officials said this grandfathering provision made the ban

difficult to enforce, and it was eliminated in the current law. Now those

magazines are banned, but anyone who has one with a “reasonable belief”

that it was lawful and disposes of it within 30 days of being notified by a

law enforcement official that it is now illegal won’t be guilty of

violating the law. Otherwise, it is a Class A misdemeanor charge.

If you already have a magazine that holds up to 10 rounds, you can lawfully

keep it, but you can’t load it with more than seven rounds. If you’re

caught with a magazine containing more than seven rounds in your home,

you’ll get a ticket for your first offense, then be subject to a

misdemeanor charge. If you’re caught with a magazine outside your house,

you’re subject to a misdemeanor charge.

Do they mean "If you are caught with a magazine that is loaded with >7 rounds outside of your house, you're subject to a misdemeanor charge"? Or does this mean that you may not leave your house with a clip that has the capacity to hold 10 rounds?

Your 10 rounds mags are grandfathered, but you can't load them with more than 7 rounds,inside or outside of the home. The criminal charge changes depending if you are caught inside or outside.

[noahmstone]

I am a bit confused about this part:

Q: What about ammunition magazines?

A: Before the law’s passage, a magazine capable of holding 10 or more

rounds was unlawful, but any magazine manufactured before 1994 was exempt.

Law enforcement officials said this grandfathering provision made the ban

difficult to enforce, and it was eliminated in the current law. Now those

magazines are banned, but anyone who has one with a “reasonable belief”

that it was lawful and disposes of it within 30 days of being notified by a

law enforcement official that it is now illegal won’t be guilty of

violating the law. Otherwise, it is a Class A misdemeanor charge.

If you already have a magazine that holds up to 10 rounds, you can lawfully

keep it, but you can’t load it with more than seven rounds. If you’re

caught with a magazine containing more than seven rounds in your home,

you’ll get a ticket for your first offense, then be subject to a

misdemeanor charge. If you’re caught with a magazine outside your house,

you’re subject to a misdemeanor charge.

Do they mean "If you are caught with a magazine that is loaded with >7 rounds outside of your house, you're subject to a misdemeanor charge"? Or does this mean that you may not leave your house with a clip that has the capacity to hold 10 rounds?

If you load more than 7 rounds you will be charged. You can still leave the house with a 10 round magazine you just can't load more than 7 rounds in it

[Carbonelement]

i was listening to the radio and this topic was being talked about and they say even in your own home you are not allowed to have more than 7 rounds in a mag.

[wheelieman]

so what guns do i have to register, is it just semi auto, or is it shotguns, or is it all guns,

[Localqdm]

So can you still buy a tube fed .22 in NY? Can you buy one out of state and bring it here?

[josephmrtn]

yup as far as i see...

[joe12]

I read something today that said the law doesn't go into effect until march. Does that mean that I could still purchase an AR-15 with the intent of registering?

[jjb4900]

what about a convicted felon who attempts to buy ammunition?, they're not allowed to own firearms, but the law says nothing about ammo...will they be denied the sale or will the dealer just alert law enforcement or will both happen? This law has to be the most hastily thrown together, poorly thought out piece of junk in NYS history.

[zeke83]

Can semi-automatic pistols with a ten round clip still be bought in NY after this new law?

[Sogaard]

You can buy as many thumbhole stocks as you like,no law against that. But install it on a semi-auto rifle that has a detachable magazine and now you have an assault weapon and it must be registered.

Yes, it must be registered, but it will be grandfathered in and legal to posses.

[Sogaard]

what about a convicted felon who attempts to buy ammunition?, they're not allowed to own firearms, but the law says nothing about ammo...will they be denied the sale or will the dealer just alert law enforcement or will both happen? This law has to be the most hastily thrown together, poorly thought out piece of junk in NYS history.

Q: What about ammunition, more generally?

A: For the first time, all ammunition must be purchased through a licensed

dealer who performs a background check and records the sale through a new

state-created database. This provision won’t take effect for a year, and at

least one month after the head of the State Police certifies the database

is operational.

I'm not sure why you are saying the law does nothing concerning ammo. What happens when you fail the background check when you try to buy a firearm? Same will now happen with ammo.

[jjb4900]

Q: What about ammunition, more generally?

A: For the first time, all ammunition must be purchased through a licensed

dealer who performs a background check and records the sale through a new

state-created database. This provision won’t take effect for a year, and at

least one month after the head of the State Police certifies the database

is operational.

I'm not sure why you are saying the law does nothing concerning ammo. What happens when you fail the background check when you try to buy a firearm? Same will now happen with ammo.

what I'm saying is, there is no law in NYS making it a crime for a convicted felon to possess or purchase ammo, the law is against possessing and purchasing firearms......I did not see were they amended the law to include ammo possession.

[Qthehunter]

A rifle now qualifies as an “assault weapon” if it is semiautomatic, has a

detachable magazine and any one of the following features: a flash

suppressor, a folding or collapsible stock, a pistol grip, a thumbhole

stock, a second handgrip for the non-trigger hand, a bayonet mount or a

grenade launcher. A semiautomatic shotgun with any one of these attributes,

a fixed capacity of over seven rounds or a shroud that lets the shooter

grab the barrel also qualifies.

I currently own a Benelli M4 semiauto shotgun. There is no clip, but there is a pistol grip. How I read this is you have to have a clip and one accessory. Not trying to read to far into it, but is this considered an assault weapon?

[ants]

A rifle now qualifies as an “assault weapon” if it is semiautomatic, has a

detachable magazine and any one of the following features: a flash

suppressor, a folding or collapsible stock, a pistol grip, a thumbhole

stock, a second handgrip for the non-trigger hand, a bayonet mount or a

grenade launcher. A semiautomatic shotgun with any one of these attributes,

a fixed capacity of over seven rounds or a shroud that lets the shooter

grab the barrel also qualifies.

I currently own a Benelli M4 semiauto shotgun. There is no clip, but there is a pistol grip. How I read this is you have to have a clip and one accessory. Not trying to read to far into it, but is this considered an assault weapon?

Not familiar with the M4, but if it is a semi auto, and has a pistol grip its an "assault weapon" and you must register it or buy a regular stock. If its a pump,you're fine. I know a guy who hunts with a Remington 11-87 (semi) with a thumb hole stock. He's in the same boat.

But do you really need one of these "Assault weapons" to hunt??? LOL!!! Bunch of little rats.

[WingNut]

Ants,

You're okay as long as the fixed magazine hold less than 7 rounds.