Cavalry
.308 Win
At least in the 5th circuit, for now.
Ammo background checks to begin mid-September?
- Thread starter Beerman
- Start date
Once NY has injected itself in the process of doing the background checks, is there going to be any way we can verify with the NICS system the actual result of a query?
I expect NYSP will be throwing up a lot of false negatives in an effort to restrict our Rights, and false delays. If, for whatever reason, I decide to purchase a gun, I want to be able to make sure NY isn't lying.
I expect NYSP will be throwing up a lot of false negatives in an effort to restrict our Rights, and false delays. If, for whatever reason, I decide to purchase a gun, I want to be able to make sure NY isn't lying.
That question has always seemed subjective: "Are you the user of ....." to me says that you're currently on or in the very recent past used/ingested said prohibited substances. So, if you smoked Pot back in Colledge (but didn't inhale) years ago, you are not a "user" but if you got fucked up in the Parking Lot and decided to come in and buy a Gun, well then you are, if you take Drugs every day or maybe weekend, then you are a "user" If you used to smoke marijuana on weekends, but haven't since going to rehab for alcohol, are you still a user? Remember, once an alcoholic, always a sober alcoholic... now you should be able to pick apart the subjectiveness of my thoughts, and see it's no wonder the question is ambiguous and subjective in nature, and when plied against alcohol (which is legal) the whole thing should be discarded. You have to remember that the 4473 was instituted with the passage of the "Gun Control Act of 1968" at a time when there was prohibition against marijuana and illicit Drugs, and the Question has remained since that time, just like the one about "renouncing your citizenship" which was also a protest move against the Draft and the Vietnam War.
CaliberPlus
.45 acp
I have posted it. As well as others.
Uh, I did not say my "ATF agent friend". I have to deal with the ATF, it is part of the deal of being a FFL dealer. I am the type to confirm info and not just believe. I confirmed that NYS WILL be the POC and my ability to acess the Frederal NICS System will be shut off.
CaliberPlus
.45 acp
To save time, a repeat from NYSRPA's FB page from last year, a good summary of the laws passed
New York State Rifle & Pistol Association
·
As promised a summary of the Governor’s gun bills.
2022 LAWS SUMMARY
On the last day of the legislative session, the NYS legislature passed 10 new laws affecting the rights of all New Yorkers. On June 6, 2022, Governor Hochul signed these bills into law. For a full understanding of each new law, readers are encouraged to read the full text of the statutes carefully. Below is a summary of these laws, including their effective dates:
A10504Expands the definition of “Firearm” under Penal Law Section 265.00(3), to include “any other weapon that is not otherwise defined in this section containing any component that provides housing or a structure designed to hold or integrate any fire control component that is designed to or may readily be converted to expel a projectile by action of explosive.” This new law now includes as firearms those guns/parts that did not fall under the category of a rifle, shotgun or firearm - for example: lower receivers, arm-brace guns, and guns such as the Mossberg Shockwave. This new law becomes effective on July 6, 2022. It does not specify whether currently-owned firearms that fall under this new law are grandfathered in.
A10497Prohibits those not engaged or employed in eligible professions from purchasing or taking possession of a body vest. Unlawful purchase or sale of a body vest is a class A misdemeanor (class E felony for a subsequent offense). Note: Possession of a body vest is still lawful, whether previously owned, or obtained from a state where purchase is legal. This law becomes effective on July 6, 2022.
A10428Amends the definition of large capacity ammunition feeding device for purposes of Criminal Possession of a Weapon in the Third Degree, by eliminating the previously included exemption for such magazines that were legally possessed by a person prior to the enactment of the SAFE Act, or that was manufacture prior to September 13, 1994. These provisions are effective on July 6, 2022, and will require anyone in possession of such a magazine to surrender it.
A10502Amends New York’s “Red Flag” law, originally passed under the SAFE Act. The law expands the categories of persons authorized to apply for an extreme risk protection order, to include a licensed physician, licensed psychiatrist, licensed psychologist, registered nurse, licensed clinical social worker, certified clinical nurse specialist, certified nurse practitioner, licensed clinical marriage and family therapist, registered professional nurse, licensed master social worker or licensed mental health counselor who has treated the person in the six months prior to the filing of the petition. Previously, this law only included police, district attorneys, family or household members, and school administrators. Additionally, if the petitioner is a police officer or district attorney, they must file a petition if there is probable cause to do so. Finally, this law expands the category under Penal Law Section 400.00(j), to prohibit a pistol license (and a semiautomatic rifle license under new legislation outlined below) from being issued to a person who has “been the subject of a report made pursuant to section 9.46 of the mental hygiene law.” It does not matter what the outcome of such report is – if a report is merely made, one is ineligible for a pistol or semiautomatic rifle license. This law becomes effective on July 6, 2022.
A10503Raises the age from 18 to 21 to lawfully possess a semiautomatic rifle. Also requires a license to purchase or take possession of a semiautomatic rifle, for any purchases or transfers occur on or after the effective date of the law, which is September 4, 2022. The license application process will be the same as that currently in place for obtaining a firearm license. Interestingly, and somewhat confusing, is the fact that during the bill’s discussion, the bill’s sponsor seemed to imply that an existing firearm license would satisfy this new requirement for a semiautomatic rifle license, but then stated a new license would be required. My reading of the statute indicates that a new license must be obtained. Additionally, this law makes it a class A misdemeanor for anyone lawfully in possession of a semiautomatic rifle to dispose of it without first notifying the proper authority, as is currently the case involving firearms. It is also a class A misdemeanor to purchase or take possession of a semiautomatic rifle without a license. During debate on the bill, concerns were raised that permitting one’s child to shoot a parent’s semiautomatic rifle at the range, or while hunting, would violate this section of the law. While some legislators assured their colleagues that such possession would not constitute “taking possession” of a semiautomatic rifle, I disagree. The penal law defines possess to mean “to have physical possession or otherwise to exercise dominion or control over tangible property.” This opens up a Pandora’s box when contemplating youth hunting and target practice with semiautomatic rifles.
A07926Requires semiautomatic pistols sold in New York State be verified as a microstamping-enabled pistol. However, before this provision becomes a requirement, the state has six months to certify or decline to certify that microstamping-enabled pistols are technologically viable. If certified as viable, the provision prohibiting the sale, exchange, transfer, etc., of a semiautomatic pistol unless it has been verified as a microstamping-enabled pistol applies only to pistols manufactured prior to the effective date of this provision, which is four years after certification of technological viability (or one year after a person or entity has been licensed to engage in the business of servicing firearms and their components to ensure compliance with the requirements of this act, whichever is earlier).
A01023Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting for gun dealers, and adds requirements regarding reporting on seized or recovered guns. This new law contains many parts, and must be fully read to be understood. It becomes effective on December 3, 2022.
A6716AEstablishes the crimes of Making A Threat Of Mass Harm (a class B misdemeanor) and Aggravated Threat of Mass Harm (a class A misdemeanor). Both crimes require a person to threaten to inflict or cause to be inflicted, serious physical injury or death at a school, place of worship, business, government building, or other place of assembly, with the intent to intimidate a group of people or to create public alarm, and thereby causes a reasonable expectation or fear of serious physical injury or death, or causes the evacuation or lockdown of the aforementioned places. In order to constitute Aggravated Threat of Mass Harm, the person must also make any overt act in furtherance of the commission of such crime. This law is effective immediately. Notable, since these crimes are class A and B misdemeanors, a court cannot set bail on a defendant charged with them. So, a person who is arrested and charged with threatening to shoot up a school, will either receive an appearance ticket, or will be arraigned and released.
A07865Requires social media networks to provide and maintain mechanisms for reporting hateful conduct on their platforms. Effective date is December 3, 2022. Under this law, “hateful conduct” means the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.” The law also requires social media networks operating in the state to have a clear and concise policy readily available and accessible on their website and application which includes how such social media network will respond and address reports of incidents of hatefully conduct on their platform. The penalty for a social media network failing to comply with these requirements is a civil penalty assessed at up to $1,000.00 per day. And while it states that nothing in this law should be construed to impose an obligation on a social media network to adversely affect users’ First Amendment right to free speech, one can only wonder what policies social media networks will feel compelled to enact to comply with this law.
A10501Establishes a task force on social media and violent extremism. It also increases penalties of certain violations of bias-related violence and intimidation, among other provisions. Becomes effective immediately, except the task force takes effect on January 1, 2023.
New York State Rifle & Pistol Association
·
As promised a summary of the Governor’s gun bills.
2022 LAWS SUMMARY
On the last day of the legislative session, the NYS legislature passed 10 new laws affecting the rights of all New Yorkers. On June 6, 2022, Governor Hochul signed these bills into law. For a full understanding of each new law, readers are encouraged to read the full text of the statutes carefully. Below is a summary of these laws, including their effective dates:
A10504Expands the definition of “Firearm” under Penal Law Section 265.00(3), to include “any other weapon that is not otherwise defined in this section containing any component that provides housing or a structure designed to hold or integrate any fire control component that is designed to or may readily be converted to expel a projectile by action of explosive.” This new law now includes as firearms those guns/parts that did not fall under the category of a rifle, shotgun or firearm - for example: lower receivers, arm-brace guns, and guns such as the Mossberg Shockwave. This new law becomes effective on July 6, 2022. It does not specify whether currently-owned firearms that fall under this new law are grandfathered in.
A10497Prohibits those not engaged or employed in eligible professions from purchasing or taking possession of a body vest. Unlawful purchase or sale of a body vest is a class A misdemeanor (class E felony for a subsequent offense). Note: Possession of a body vest is still lawful, whether previously owned, or obtained from a state where purchase is legal. This law becomes effective on July 6, 2022.
A10428Amends the definition of large capacity ammunition feeding device for purposes of Criminal Possession of a Weapon in the Third Degree, by eliminating the previously included exemption for such magazines that were legally possessed by a person prior to the enactment of the SAFE Act, or that was manufacture prior to September 13, 1994. These provisions are effective on July 6, 2022, and will require anyone in possession of such a magazine to surrender it.
A10502Amends New York’s “Red Flag” law, originally passed under the SAFE Act. The law expands the categories of persons authorized to apply for an extreme risk protection order, to include a licensed physician, licensed psychiatrist, licensed psychologist, registered nurse, licensed clinical social worker, certified clinical nurse specialist, certified nurse practitioner, licensed clinical marriage and family therapist, registered professional nurse, licensed master social worker or licensed mental health counselor who has treated the person in the six months prior to the filing of the petition. Previously, this law only included police, district attorneys, family or household members, and school administrators. Additionally, if the petitioner is a police officer or district attorney, they must file a petition if there is probable cause to do so. Finally, this law expands the category under Penal Law Section 400.00(j), to prohibit a pistol license (and a semiautomatic rifle license under new legislation outlined below) from being issued to a person who has “been the subject of a report made pursuant to section 9.46 of the mental hygiene law.” It does not matter what the outcome of such report is – if a report is merely made, one is ineligible for a pistol or semiautomatic rifle license. This law becomes effective on July 6, 2022.
A10503Raises the age from 18 to 21 to lawfully possess a semiautomatic rifle. Also requires a license to purchase or take possession of a semiautomatic rifle, for any purchases or transfers occur on or after the effective date of the law, which is September 4, 2022. The license application process will be the same as that currently in place for obtaining a firearm license. Interestingly, and somewhat confusing, is the fact that during the bill’s discussion, the bill’s sponsor seemed to imply that an existing firearm license would satisfy this new requirement for a semiautomatic rifle license, but then stated a new license would be required. My reading of the statute indicates that a new license must be obtained. Additionally, this law makes it a class A misdemeanor for anyone lawfully in possession of a semiautomatic rifle to dispose of it without first notifying the proper authority, as is currently the case involving firearms. It is also a class A misdemeanor to purchase or take possession of a semiautomatic rifle without a license. During debate on the bill, concerns were raised that permitting one’s child to shoot a parent’s semiautomatic rifle at the range, or while hunting, would violate this section of the law. While some legislators assured their colleagues that such possession would not constitute “taking possession” of a semiautomatic rifle, I disagree. The penal law defines possess to mean “to have physical possession or otherwise to exercise dominion or control over tangible property.” This opens up a Pandora’s box when contemplating youth hunting and target practice with semiautomatic rifles.
A07926Requires semiautomatic pistols sold in New York State be verified as a microstamping-enabled pistol. However, before this provision becomes a requirement, the state has six months to certify or decline to certify that microstamping-enabled pistols are technologically viable. If certified as viable, the provision prohibiting the sale, exchange, transfer, etc., of a semiautomatic pistol unless it has been verified as a microstamping-enabled pistol applies only to pistols manufactured prior to the effective date of this provision, which is four years after certification of technological viability (or one year after a person or entity has been licensed to engage in the business of servicing firearms and their components to ensure compliance with the requirements of this act, whichever is earlier).
A01023Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting for gun dealers, and adds requirements regarding reporting on seized or recovered guns. This new law contains many parts, and must be fully read to be understood. It becomes effective on December 3, 2022.
A6716AEstablishes the crimes of Making A Threat Of Mass Harm (a class B misdemeanor) and Aggravated Threat of Mass Harm (a class A misdemeanor). Both crimes require a person to threaten to inflict or cause to be inflicted, serious physical injury or death at a school, place of worship, business, government building, or other place of assembly, with the intent to intimidate a group of people or to create public alarm, and thereby causes a reasonable expectation or fear of serious physical injury or death, or causes the evacuation or lockdown of the aforementioned places. In order to constitute Aggravated Threat of Mass Harm, the person must also make any overt act in furtherance of the commission of such crime. This law is effective immediately. Notable, since these crimes are class A and B misdemeanors, a court cannot set bail on a defendant charged with them. So, a person who is arrested and charged with threatening to shoot up a school, will either receive an appearance ticket, or will be arraigned and released.
A07865Requires social media networks to provide and maintain mechanisms for reporting hateful conduct on their platforms. Effective date is December 3, 2022. Under this law, “hateful conduct” means the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.” The law also requires social media networks operating in the state to have a clear and concise policy readily available and accessible on their website and application which includes how such social media network will respond and address reports of incidents of hatefully conduct on their platform. The penalty for a social media network failing to comply with these requirements is a civil penalty assessed at up to $1,000.00 per day. And while it states that nothing in this law should be construed to impose an obligation on a social media network to adversely affect users’ First Amendment right to free speech, one can only wonder what policies social media networks will feel compelled to enact to comply with this law.
A10501Establishes a task force on social media and violent extremism. It also increases penalties of certain violations of bias-related violence and intimidation, among other provisions. Becomes effective immediately, except the task force takes effect on January 1, 2023.
thughes
.357 mag
Fuck all that!
Saltwater60
.950 JDJ
Friend? She said her ATF agent meaning the one she works with. Doesn’t mean they are friends.
CaliberPlus
.45 acp
A01023 Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting for gun dealers, and adds requirements regarding reporting on seized or recovered guns. This new law contains many parts, and must be fully read to be understood. It becomes effective on December 3, 2022.
Hochulsucks1234, If you look that up, It's easy, you will find much of what this thread is about along with a LOT of other crap. The dealers need to read this as well as changes are coming. NYSP inspections of shops have started, too.
Hochulsucks1234, If you look that up, It's easy, you will find much of what this thread is about along with a LOT of other crap. The dealers need to read this as well as changes are coming. NYSP inspections of shops have started, too.
Hochulsucks1234
.357 mag
I have read it before and read it again, at least the amended text in green. I see a lot of shit about dealer record keeping and other nonsense, but nothing stating that the NYSP is taking over the background checks. Is this stated elsewhere? Forgive me, like most here I try to read all these laws and at same time try to interpret them. They are so convoluted. If something is worded in a way where I did not catch it or interpret it correctly, please share.
CaliberPlus
.45 acp
Ok, I dug my folder out where I have printed copies, the bill that spelled out NYSP being the POC for backgound checks is S51001. This was the bill passed in the Extraordinary Session, 7/1/22. I think it was middle of the night tactics, like the Safe Act. This spells out some of the records that the state wants from each dealer. It is on page 10, section 1. and 2. that I have highlighted the section about the NYS database. Yes, the word database is used. It is in detail there along with many other onerous requirements. This bill was long with a lot of changes to the then current laws.
The bill I referenced earlier does not spell out the background checks, my apologies there. There was a lot of legislation passed and it was a year ago. I hope this helps.
I will stick my neck out and copy the letter I anticipate getting from the state. I do not know why the state does not have a site for dealers with the info on it. It is literally days until this is supposed to happen.
The bill I referenced earlier does not spell out the background checks, my apologies there. There was a lot of legislation passed and it was a year ago. I hope this helps.
I will stick my neck out and copy the letter I anticipate getting from the state. I do not know why the state does not have a site for dealers with the info on it. It is literally days until this is supposed to happen.
Acer-m14
20×102mm Vulcan
SECTION 4
Right to keep and bear arms
Civil Rights (CVR) CHAPTER 6, ARTICLE 2
§ 4. Right to keep and bear arms. A well regulated militia being
necessary to the security of a free state, the right of the people to
keep and bear arms cannot be infringed.
www.nysenate.gov
Right to keep and bear arms
Civil Rights (CVR) CHAPTER 6, ARTICLE 2
§ 4. Right to keep and bear arms. A well regulated militia being
necessary to the security of a free state, the right of the people to
keep and bear arms cannot be infringed.
NYS Open Legislation | NYSenate.gov
JRtraderny
6.5 Creedmoor
And where is the ACLU when you need them , oh I forgot they're in .govs pocket too .SECTION 4
Right to keep and bear arms
Civil Rights (CVR) CHAPTER 6, ARTICLE 2
§ 4. Right to keep and bear arms. A well regulated militia being
necessary to the security of a free state, the right of the people to
keep and bear arms cannot be infringed.
NYS Open Legislation | NYSenate.gov
Saltwater60
.950 JDJ
They only ACLU the things that matter to them and guns do t matter to them because you know why.
Vinson57
.450/400 Nitro Ex
Not allowing a pistol permit holder to buy ammo with his permit and bypass the electronic check, means its the type and amount they want recorded by everyone.
Seems geeks everywhere like powerpoint presentations that says everything to lay out objectives, responsibilities, milestones and all that garbage.
Seems geeks everywhere like powerpoint presentations that says everything to lay out objectives, responsibilities, milestones and all that garbage.
Bruce_Sloane
.223 Rem
FukkerzBackground check for ammo?
Keep paying STATE Income Tax for your own Oppression.
Bruce_Sloane
.223 Rem
ACLU is as fukkn Liberal as you can find They will never address this kind of thing
Willyone
6.5 Creedmoor
So if you're subject to that 30 day revolving door to get your hand gun after your FFL submits the 4473, will it be the same or similar problem if you want to buy ammo?
A portion of the new Laws that hasn't been addressed is the de-facto Registration of ALL new Transfers: Twice a year, each Dealer is required to submit to the State, their records, that means a copy of their Bound Book with shows the make, model, serial number, type, caliber/gauge, where it came from and where it went, so yes boys & girls da gubberment will know and have in its data base a list of anything you've purchased/transferred/disposed of in NY since the starting point of this legislation.
nobody really knows, nor do we know the recourse for erroneous dispositions.
Bruce_Sloane
.223 Rem
SP routinely troll social media, and also for background check
eh. It's not like we didn't see it coming. Still many act so surprised and angry. Wait til they connect your social media (this site) to that back ground check for that purchase. YIKES!
eh. It's not like we didn't see it coming. Still many act so surprised and angry. Wait til they connect your social media (this site) to that back ground check for that purchase. YIKES!
There is no recourse against .Gov Other than Voting for a different Opressor
I've heard and been told multiple times that Hunters/Shooters/Gun Owners are among the LOWEST TURN OUT demographic for voting in NYS, and quite frankly I hope every gun owner in this sad-sack State that goes to buy a box of ammunition or gun gets so fucking pissed off that they finally get off their lazy apathetic asses and does something besides piss & moan on the internet... but they won't.SP routinely troll social media, and also for background check
eh. It's not like we didn't see it coming. Still many act so surprised and angry. Wait til they connect your social media (this site) to that back ground check for that purchase. YIKES!
There is no recourse against .Gov Other than Voting for a different Oppressor
Bruce_Sloane
.223 Rem
CaliberPlus
.45 acp
There is still a slim hope that the 2nd Circuit Court actuallys does what it should do and put a stay on the five cases it had put before it in March.
Bruce_Sloane
.223 Rem
Not s chance.
Acer-m14
20×102mm Vulcan
Saltwater60
.950 JDJ
Yes I did mention this earlier. I’m pretty much done buying guns so won’t hurt me too much but this ain’t good. I do have a few pistols left to buy but I don’t like it so don’t say I support it or anything. I already took care of my son for all long guns so that’s good. This is and will be a mess. All records will be scanned i to their database that is searchable for sure.
I’m telling you all a semi auto rifle ban is coming and that’s why I refuse to have it added to my permit. There will be a surrender order as well. Don’t tell me well the Supreme Court won’t allow it because the conservative majority won’t hold long and then it’s all over.
Saltwater60
.950 JDJ
I don’t believe that honestly. Every gun owner I know votes and every conservative I know votes. I personally think it’s a way to get money out of us from the gun groups and Republican Party.
Could be, but every Political organization tries to raise all the money they can, it's how elections and court cases are won. Republicans typically do not support or sponsor gun control Bills, and Democrats invariably always vote "D" and love anti-gun Bills... these premises have not changed in over a century.
Acer-m14
20×102mm Vulcan
I'm still waiting on the criminal control bills ...
not holding my breath ..
not holding my breath ..
That_FNG
.308 Win
I take it you don’t pay federal income tax?