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New info from Tresmond's on Lawsuits

HectorBuckBuster
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HectorBuckBuster Newbie

HectorBuckBuster

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Here are some links to the Tresmonds discussing where they are in the NY Safe Act Lawsuits. Well after listening to this, is going to be along time if anything in the Safe Act gets changed or over turned. They can not get a injunction until it goes to trial. They also stated some new info on how county clerks are interpreting the 7 rounds in a magazine. What the Tresmonds stated in this interview, they said you can only have 7 rounds total in the gun, this is what they have been told by the county clerks.

 

 

http://www.wben.com/pages/10912517.php?contentType=34&contentId=129581

 

 

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burmjohn Newbie

burmjohn

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Seems like it starts mid of hour 1...

 

Pretty interesting stuff, they are talking about if you read the NYSafe act law to the letter, a gun like the Mossberg 500 would be considered illegal and have to either be destroyed or sold out of state.

 

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burmjohn Newbie

burmjohn

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How would shotguns be illegal? I caught that on the radio but then I had to go to work.

 

 

I found an article that explains it better then I would.

 

http://www.thetruthaboutguns.com/2013/03/foghorn/new-york-state-accidentally-bans-pump-action-shotguns/

 

That section of the law specifically makes all firearms “capable of accepting” more than seven rounds illegal in the state of New York. While it would appear that this doesn’t apply to shotguns we typically think of as five round guns, the reality is that because the “shorter” 1.75 inch shells are commercially available, the reality is that according to the law those guns are technically 8+ round guns (I’ve personally fit 10 such rounds in my bone stock Remington 870)

 

So a tube fed 22 that can accept 10+ would be illegal also?

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burmjohn Newbie

burmjohn

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it's not illegal but you can't load more than 7 rounds.  Go the NY SAFE Act sight and they list acceptable guns.

 

Not if you read into and interpret the law exactly as it sits today.

 

This isn’t a problem that can easily be fixed, either. Remington and Mossberg designed their guns with a permanent magazine tube which is integral to the gun. There’s no way to easily modify the firearms to only take five of the smaller rounds.

 

Even if modified with a smaller magazine, the issue becomes one of the availability of magazine extension tubes. The law talks about a ban on magazines that can be “readily converted” to take more than 10 rounds, and since magazine extension tubes are readily available on the market every single tube fed shotgun applies under the new law.

 

So, because of the magazine design on the Remington 870 and Mossberg 500 shotguns, New York State has accidentally banned them.

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WNYBuckHunter Experienced

WNYBuckHunter

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Like I said, go to the sight, they list by MFG acceptable shotguns.

 

http://www.governor.ny.gov/assets/documents/Shotguns_thatareNOTclassifiedasassaultweapons.pdf

 

The governor's FAQ site also states that it is NOT for legal advice. Look right at the bottom of this page...

 

http://www.governor.ny.gov/nysafeact/gun-owners

 

"Please note: This website is informational only and does not constitute legal advice."

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burmjohn Newbie

burmjohn

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The issue isnt the gun part of the law its the magazine capacity restriction section part of the law.  Either way the law is F'd up and everyone including lawyers and the state itself does not know how to interpret it. This along with many other reasons is why it needs to go away, and go away now.

 

"The way the SAFE Act was structured, it edited multiple sections of the NY legal code in a way where one section didn’t necessarily apply to other sections. So while there was a specific exemption for pump action shotguns and other manual firearms in the “assault weapons” section, according to the lawyers I spoke to it didn’t apply to the magazine capacity restriction section"

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PWGUNNY Newbie

PWGUNNY

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This law is confusing and flawed.  It is due to the fact that Cuomo needed to rush this out there while the spotlight was brightest.  He seized maximum publicity and support by being the first to enact strict gun control as a kneeJERK reaction to the Newtown shooting.  Despicable.

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burmjohn Newbie

burmjohn

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This law is confusing and flawed.  It is due to the fact that Cuomo needed to rush this out there while the spotlight was brightest.  He seized maximum publicity and support by being the first to enact strict gun control as a kneeJERK reaction to the Newtown shooting.  Despicable.

 

exactly. 

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burmjohn Newbie

burmjohn

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Asked Tresmond directly for some clarity...  Whether it was intentional or not by Cuomo and his gang, that's up to you to decide.  Either way the Safe Act needs to go away. 

 

 

 
Dear John,
 

Yes, according a strict reading of the law, all 500s and 870s are rendered illegal by the "Large Capacity Ammunition Feeding Device" Ban because, by virtue of an extension tube they can hold more than 10 cartridges of ammunition. The is fundamentally worse than the assault weapons ban due to the number of shotguns possessed within New York State far exceeding the number of AR-15 possessed within New York State. ...

 

Sincerely,
James D. Tresmond, Esq.

 

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