New York: Where Cornwallis Surrendered and 2AR Begins?

by militialaw on January 16, 2013

Registration? Check. Indirect seizure via nontransferable grandfathering? Check. Magazine possession ban? Check.

So what’s the chance of the judiciary providing relief? At the state level, a newly minted criminal’s appeal on constitutional grounds via suppression motion, it is probably .01%. Those motions almost never win unless there is already a published decision.

At the federal level, a direct challenge against the law, will more likely than not fail given Justice Scalia’s comment regarding “frightening” weapons (N.B. many misunderstood Scalia to mean that rocket launchers would be 2A protected, but his “bring down airplanes” observation is conclusive that he was pointing out a handheld weapon that he’d limit).

Regime Change Rebellion Rifles, (h/t Kurt Hoffman) thanks to to the Sandy Hoax incident, will be construed as frightening by the Scotus and then…

Prove me wrong New York:



  • Further restrict assault weapons to define them by a single feature, such as a pistol grip. Current law requires two features.
  • Make the unsafe storage of assault weapons a misdemeanor.
  • Mandate a police registry of assault weapons.
  • Establish a state registry for all private sales, with a background check done through a licensed dealer for a fee, excluding sales to immediate relatives.
  • Require a therapist who believes a mental health patient made a credible threat to use a gun illegally to report the threat to a mental health director who would then have to report serious threats to the state Department of Criminal Justice Services. A patient’s gun could be taken from him or her.
  • Ban the Internet sale of assault weapons.
  • Require stores that sell ammunition to register with the state, run background checks on buyers of bullets and keep an electronic database of bullet sales.
  • Restrict ammunition magazines to seven bullets, from the current national standard of 10. Current owners of higher-capacity magazines would have a year to sell them out of state. Someone caught with eight or more bullets in a magazine could face a misdemeanor charge.
  • Require that stolen guns be reported within 24 hours. Otherwise, the owner would face a possible misdemeanor.
  • Increase sentences for gun crimes including for taking a gun on school property.
  • Increase penalties for shooting first responders, called the “Webster provision.” Two firefighters were killed when shot by a person who set a fire in the western New York town of Webster last month. The crime would be punishable by life in prison without parole.
  • Limit the state records law to protect handgun owners from being identified publicly. The provision would allow a handgun permit holder a means to maintain privacy under the Freedom of Information law.
  • Require pistol permit holders or those who will be registered as owners of assault rifles to be recertified at least every five years to make sure they are still legally able to own the guns.


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