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A couple of safe act changes now in effect!


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SYRACUSE, N.Y. -- Gov. Andrew Cuomo has agreed to suspend plans for background checks for ammunition sales in New York and allow internet sales of ammunition, changing part of the NY Safe Act, according to state Sen. James Seward.

The changes are part of a "memorandum of understanding" struck between senate Republicans and Cuomo, a Democrat, according to Seward. It wasn't immediately clear if Assembly Democrats backed the changes.

"I think it's very significant," Seward, R-Milford, said this afternoon. "This is a banner day for law-abiding gun owners in New York."

It also wasn't immediately clear when -- or if -- Internet sales of ammunition would resume in New York.

Seward said this afternoon it would happen "in a reasonable amount of time."

But a spokesman for Cuomo said the Safe Act suspensions would not change state laws regarding Internet sales.

"No provision of the SAFE Act –including the ban on Internet ammunition sales -- has been rolled back or altered due to this memorandum," Cuomo spokesman Rich Azzopardi said. "This simply acknowledges what has been said previously -- the ammunition sales database will not be prematurely introduced until the technology is ready and it does not create an undue burden for business owners. "

And a gun-control advocate said she saw the change as more of an acknowledgment of the challenges of setting up the system, rather than watering down the law.

"I just think this is going to be a delay in implementation," said Leah Gunn Barrett, director of New Yorkers Against Gun Violence.

Seward defended the unique agreement -- which virtually shut out Democratic lawmakers and circumvented the legislative process.

When asked if he thought it would set a precedent for other lawmakers creating other deals with the governor that Republicans might not like, Seward said: "That's not going to keep me up at night."

A spokesman for the Senate's minority leader, Sen. Andrew Stewart-Cousins, was outraged at the two-way deal.

"I guess we don't have the toughest gun laws in the nation anymore," spokesman Mike Murphy said. "This two-way agreement is outrageous. I'm looking forward to the MOUs on the minimum wage, paid family leave, protecting a woman's right to choose and the numerous other things the Senate Republicans are blocking."

Seward noted that Assembly Democrats already agreed to cut money to build the database from this year's state budget.

"There was slight movement in this direction in the budget," Seward said. "We're just going the extra mile with this MOU."

Cuomo did not sign the MOU. It was signed by Senate Majority Leader John Flanagan and New York State Director of Operations James Malatras, a top Cuomo aide.

 

Assault weapons in NY: What's legal, what's not?David Simmons, president of the Onondaga County Federation of Sportsmen's Clubs, explains what AR-15 rifles are compliant with the New York Safe Act.

The agreement stops the state from spending money developing the background check system, which was never implemented. New York State Police Superintendent repeatedly told lawmakers that the system was far from creation since the Safe Act was signed in early 2013.

Sen. Michael Nozzolio, R-Fayette, said in a statement the background check system could have cost as much as $100 million.

The agreement doesn't erase any possibility of background checks on ammo sales in the future, Seward noted. But, to restart the work on the database, the Senate leadership would have to agree to change the MOU.

"That day will never come," Seward said, adding, as long as the Republicans maintain control of the state Senate.

Seward also noted New York has had a shortage of ammunition supply since the Safe Act was enacted. Opening up Internet sales should help, he said.

This marks the second time Cuomo has agreed to changes to the Safe Act, a set of stricter gun laws passed a month after the mass shooting at Sandy Hook Elementary School in Newtown, Conn. In 2013, the governor agreed to exempt retired police from some restrictions in the gun laws.

Flanagan won key support from some Upstate Republican senators, including Seward, in his recent election as the top Senate leader. Flanagan beat out Sen. John DeFrancisco, R-Syracuse, for the top post.

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NYSRPA just put out some media replies from the Cuomo camp.

 

Basically, as I understand it, the "Memorandum of Understanding" is just that, a memo.

 

According to a Cuomo spokesman, nothing about the internet ammo sales ban has legally been changed.

 

I deleted the email before I looked here this morning.

 

For the accurate report of what I got, go to the NYS Rifle and Pistol Association website.

 

Also, the ammo background check deal is still in the works, not cancelled just not funded, working and active yet.

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This is much bigger than you guys are thinking: the MOU (memorandum of understanding) basically de-funded the administration's push for further gun control, and halted the implementation of some of the existing SAFE act in it's tracks. Without funding for the programs, this administration can't move forward to carry out their intentions, whatever they may be. It's not cast-in-stone law, but it's a big step considering the number of agreeable Democrats in the legislature.

 

A handful of lawmakers have stood up, gathered bipartisan support, and said, "We're not going to allow you to use the tax money of our constituents against their wishes."

I can't honestly imagine a bigger success at this point.

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You will not see ammo being shipped into NY State from online, or out of state catalog companies.  The law is still the law, albeit not funded at this point.  Nothing will change in that regard.

 

The only thing that will happen is, a very big shortage of ammo available to gun owners in NY, and much higher prices to be paid for it at NY gun shops.  The SAFE Act is still accomplishing exactly what the anti-gun politicians want it to.

 

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It does us no good to speculate.

 

Remember when the internet ammo sales ban was first proposed?  The out of state ammo companies IMMEDIATELY implemented a stated policy of no shippment of ammo to NY.  And the ban hadn't even been put in place yet.

 

Regardless of what is currently happening, until it become clear that there is no longer a law against it, or reimplimenting it, the companies won't ship the ammo in.

 

Some of the companies wont ship anything to ny because of our draconian laws.

 

We need a clear resounding message sent out from OUR ny govt. the NY allows shippment of ammo in, until then we can hope and order all we want.  The companies will not ship it to us here in NY.

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all there doing is blowing smoke , read section 400.00 and i bet you wont find INTERNET , ONLINE

in it .. the only thing is Face to Face to use the Database .... no database , no face to face.

the libs have been tellin the internet ban lie so much all the retailers believed it .. 

 

Article 400 - NYS Penal Law - Licensing Provisions Firearms

7. No commercial transfer of ammunition shall take place unless a
licensed dealer in firearms or registered seller of ammunition acts as
an intermediary between the transferor and the ultimate transferee of
the ammunition for the purposes of contacting the statewide license and
record database pursuant to this section. Such transfer between the
dealer or seller, and transferee must occur in person.


"Such transfer" CANNOT OCCUR at this time since "such transfer" must occur in person "for the purposes of contacting the statewide license and record database." The aforementioned database does not exist, is not running, and cannot be contacted. So, this provision is VOID until such a time as the database is running.

 

 

this is for NY business's , OUT of State dont have to follow NY laws ...

 

Edited by JimMac
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This is much bigger than you guys are thinking: the MOU (memorandum of understanding) basically de-funded the administration's push for further gun control, and halted the implementation of some of the existing SAFE act in it's tracks. Without funding for the programs, this administration can't move forward to carry out their intentions, whatever they may be. It's not cast-in-stone law, but it's a big step considering the number of agreeable Democrats in the legislature.

 

A handful of lawmakers have stood up, gathered bipartisan support, and said, "We're not going to allow you to use the tax money of our constituents against their wishes."

I can't honestly imagine a bigger success at this point.

But bear in mind that this is only good news as long as we keep Republicans in control ...... a condition that could (and likely will) change with future elections. Remember.... this is NYS, and the gun lobby has a very short attention span.

 

My take on it all is that this is a way of sidetracking efforts to make real, more permanent changes to the law.

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