So the New York State Legislature, in its far less than infinite wisdom, has passed a gun control bill that is far more restrictive than the original Federal Assault Weapons Ban that was passed in 1994 and allowed to expire ten years later because it did jack all to reduce crime. The New York law includes the following list of items; it's not exhaustive but it covers the most important ones.
- Flat out prohibits any magazine capable of holding more than ten rounds. The Federal AWB allowed such standard capacity magazines provided they had been manufactured prior to it going into effect. The New York law requires that any such magazines be sold to someone outside the state or otherwise disposed of within a year. After a year, possession of any such magazine is prohibited.
- Sets the limit on new magazines at seven rounds. As I understand it, no new magazines may be purchased that can hold more than seven rounds. Magazines holding more than seven rounds but no more than ten are grandfathered in but they can only be loaded with up to seven rounds.
- Broadens the current state ban on "assault weapons" to those with only one of the features on a list of those "commonly associated with military weapons," instead of those with at least two. It also adds to that list of features.
- Requires that any "assault weapon" with two of the features that was grandfathered in under the existing "two feature" ban, and any with one of the features that will be grandfathered in under the expanded "one feature" ban be registered. Note that in the summary of the law it says, "All registered owners will be subject to a review of disqualifiers by the State Police."
- Prohibits the sale of any "assault weapon" to anyone else in the state unless it's a licensed firearm dealer. In other words, it stays in the state only as long as you own it.
- Requires a background check for all gun sales, except to immediate family. Previously background checks were required for purchases from dealers and at gun shows.
- Additional requirements regarding safe storage of firearms and new measures to keep guns away from mentally disturbed people.
"It is well-balanced, it protects the Second Amendment," said Senate Republican leader Dean Skelos of Long Island. "And there is no confiscation of weapons, which was at one time being considered.This, coming from a so-called Republican. There will be no confiscation now. But unless this law is struck down or repealed, you can bet the topic of confiscation will come up again, probably the next time someone uses such a gun in any way unlawfully anywhere in the country. Maybe even sooner. Registration historically has tended, very strongly, to lead to confiscation. Don't think it won't happen in the United States, and especially in New York.
There is one upside, however. the law does prohibit making public the names of registered gun owners as was done by the Journal News recently. I'm not sure how that one slipped in there. Maybe someone realized that a list of gun owners is, by logical extension, a list of people who don't own guns.
Taken as a whole, this law is a naked attempt at rendering the Second Amendment meaningless. I expect considerable lack of compliance. Ultimately, there will be people arrested, tried, and sentenced under this law. I hope when that happens there will be enough support to appeal it as high as possible, all the way to the Supreme Court if necessary. Of course, by then, Obama may have managed to appoint one or more justices so the point may become moot.
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