Tag Archive: NY SAFE Act


An Assault Weapon Gambit Backfires

 

 

Black Rain

 

 

 

 

” As the Daily News recently reported, gun manufacturer Black Rain Ordnance has produced, with great fanfare and borderline glee, a modified AR-15 assault rifle that complies with the strict gun law pushed through by Gov. Cuomo in 2013, the SAFE Act.

  Proudly labeling the firearms “New York Compliant” rifles, the company’s website boasts 17 different models that hold the state legal maximum of 10 bullets.

  While billed by Black Rain Ordnance as an in-your-face response to what the company says is New York’s “continual trampling of the Second Amendment,” that’s just marketing hype aimed at those unhappy with the law.

“Make a political statement, buy our gun!” would be one translation.”

Here is a sample of the Statist Daily News’s thinking …

” Think a little harder, and this gunmaker’s logic backfires badly. The production of Black Rain, in fact, proves that the SAFE Act is not only no actual threat to gun rights, but is a perfectly reasonable law.

 

   Wrong oh pompous Government Shill , the fact that Black Rain can engineer , manufacture and market a rifle of similar performance to the traditional AR-15 within the confines of the SAFE Act demonstrates beyond dispute the capricious , arbitrary and idiotic nature of the legislation itself .

 

 

 

” Even for two guys sitting at a table, the technology was simple. And putting it together made clear that Cuomo’s goal is reasonable: to make prolific firing more difficult by having a permanently attached magazine, and limiting the number of bullets it can hold without reloading.”

 

 

    In another glaring error , Professor Spitzer is incorrect in thinking that the Black Rain “NY Compliant” rifle has a fixed magazine . Not true Prof … while the gun is sold with a NY legal 10 round mag it will accept ANY AR-15 magazine on the market of which there are millions , if not hundreds of millions in domestic circulation . 

   Let us not dwell on the magazine error , surely the learned professor got the rest of the facts right , he is after all , part of our noble “elite” . He continues thus …

 

 

” Two-thirds of the nation’s 300 million guns are long guns, representing hundreds of makes — and while assault weapons have been big sellers in recent years, estimates from 2012 peg the total number in circulation nationwide at about 4 million.”

 

 

   Who’s estimates would they be Mr Spitzer ? Here is some data on NICS checks run by the FBI from Nov 1998 to Jan 2012 . Now we’ll admit that not every check results in a sale but conversely not every approval results in the sale of only one firearm .

    Here is the FBI’s monthly breakdown of all NICS background checks by state from 1998 through March of this year , and here is the data on NICS denials from the same period …

     A quick reading of the charts and a little math , not Common Core , real math , reveals a rejection rate of less than 1% or to be precise 0.7023669976087205 % . That leads us to the conclusion that at least 155 million guns have been sold between late 1998 and the present .

    If two thirds of those were long guns to use the professor’s own number , that means 103,333,333 million long guns were sold domestically during the period in question and if we take a low ball figure of even 1% of long gun sales being comprised of AR type weapons that still gives us a total more than two and one half times his 4 million figure . 

    We have deliberately used a low number in our estimation yet some data from ATF suggests that AR sales as of 2008 anyway made up 22% of all rifle sales . Ponder the total number of AR’s in circulation if you use the 22% figure Professor .

    

 

 

 

” The BATFE recently released U.S. firearm manufacturer production data showing that during 2008, AR-15s 
accounted for eight percent of all firearms and 22 percent of all rifles made in the U.S. and not exported. 
The number of AR-15s in 2008 — over 337,000 — is staggering, but may have been topped in 2009. And, 
at the current rate of production, the total number of AR-15s in the U.S. will exceed 2.5 million some time
this year, and that doesn’t even count production before 1986, the figures for which are not available.

 … the numbers of AR-15 manufacturers and the AR-15s they produce are at all-time highs. AR-15s have been popular for decades and that popularity is growing in leaps and bounds for a variety of reasons. Innovations relating to defensive rifle use now center on AR-15 carbines. Bar none, the AR-15 in its various configurations is the leading marksmanship training and competition rifle in the country, and there are more kinds of training and competition opportunities built around the AR-15 than ever before. And the advent of new cartridges that 
fit the AR-15 platform, and which are legal for hunting deer-sized game in most states, are rapidly making 
the AR-15 one of the most popular hunting rifles in the country.”

 

    Last but not least one needs to consider the fact that there are other millions of semi-auto “military style” rifles of non-AR type that are currently held by private citizens as well . Ruger alone has sold nearly a million mini-14’s and that doesn’t take into account other manufacturers like HK , Springfield Arms , FN , Kalashnikov , Galil and many others . 

    Of course all of these are impacted by the ban and do nothing to skirt Cuomo’s draconian “middle of the night” knee-jerk legislation , we merely point out the facts to show the futility of the State notion of mandating safety and the wisened old Ivory Tower denizen’s efforts to help .

    If we were betting individuals we would put our money on the 10 million total over Spitzer’s 4 million number all day long .

 

 

 

NICS applications by state

Click heading to sort table. Download this data

STATE
TOTAL APPLICATIONS, NOV 1998 TO NOV 2012
TOTAL, Jan to Nov 2012
2012 Rate per 1,000 population
UNITED STATES 156,577,260 16,808,538 53.94
Alabama 3,749,099 350,780 73.30
Alaska 714,007 72,904 102.09
Arizona 2,675,937 290,868 45.35
Arkansas 2,514,731 207,363 70.98
California 10,714,573 981,798 26.29
Colorado 3,736,952 361,385 71.59
Connecticut 1,810,014 208,250 58.24
Delaware 256,059 25,098 27.89
District of Columbia 2,170 398 0.66
Florida 5,957,840 699,974 37.16
Georgia 4,559,627 386,562 39.80
Guam 5,934 819  
Hawaii 121,737 15,414 11.31
Idaho 1,243,607 115,927 73.79
Illinois 8,399,271 923,920 71.95
Indiana 3,300,627 404,259 62.28
Iowa 1,530,528 128,293 42.06
Kansas 1,673,605 175,427 61.36
Kentucky 15,118,518 2,329,151 535.78
Louisiana 2,987,951 266,593 58.65
Maine 790,550 79,418 59.83
Mariana Islands 296 5  
Maryland 1,239,350 117,432 20.30
Massachusetts 1,567,707 185,202 28.25
Michigan 4,817,185 370,960 37.56
Minnesota 3,516,313 385,075 72.51
Mississippi 2,390,007 180,121 60.65
Missouri 3,804,462 432,060 72.06
Montana 1,253,675 115,893 116.95
Nebraska 742,160 70,454 38.50
Nevada 1,076,544 123,943 45.83
New Hampshire 894,061 108,531 82.42
New Jersey 634,408 75,804 8.61
New Mexico 1,338,322 121,882 59.00
New York 2,849,970 290,299 14.97
North Carolina 4,427,820 415,284 43.44
North Dakota 590,720 73,878 109.51
Ohio 4,918,014 526,684 45.65
Oklahoma 2,841,850 307,245 81.71
Oregon 2,347,894 222,795 58.04
Pennsylvania 8,156,636 835,293 65.68
Puerto Rico 115,421 13,772 3.70
Rhode Island 169,915 20,180 19.17
South Carolina 2,320,334 265,276 57.21
South Dakota 744,106 73,658 90.20
Tennessee 4,166,503 432,200 67.98
Texas 11,724,997 1,196,176 47.37
Utah 2,967,949 198,091 71.37
Vermont 310,812 29,662 47.39
Virgin Islands 9,320 370  
Virginia 3,524,638 371,267 46.27
Washington 3,631,035 444,762 65.96
West Virginia 2,059,912 191,550 103.30
Wisconsin 2,974,560 413,842 72.71
Wyoming 587,027 53,480 94.73

 

 

 

Curious viewers can read the rest of the Professor’s tripe here

 

 

 

 

 

 

 

 

Gun Control Fail: New York’s ‘Assault Weapon’ Registration Is Loudly Miss-Firing As Deadline Nears

 

Register Nothing NY

 

 

 

”  April 15th, any New Yorker that owns an “assault weapon” is to have registered their gun, per the requirements of the New York SAFE act passed last year. But it’s looking more and more like a tiny percentage of New Yorkers are actually doing it.

  While the state of New York has not released actual firearms registration numbers, the rumors of registrations in the 3,000-5,000 range mean that 99% of those affected gun owners are refusing to comply with the law.

  Furthermore, gun manufacturers are already responding to the law by designing guns that carefully circumvent its specific requirements.”

 

Read more

 

 

 

 

 

 

NY State Police Update NY SAFE Guide, Will Not Enforce

Seven-Round Mag Limit

 

 

Increased Demand For Guns And Ammunition, Leads To Nationwide Ammo Shortage

 

 

 

” Following a federal judge’s ruling in December that the seven-round magazine limit imposed under the New York SAFE Act was “tenuous, straitened, and unsupported” and therefore unconstitutional, state police have updated their filed guide on the controversial law to urge officers not to enforce the arbitrary magazine limit.

  The announcement on the revisions to the New York State Police NY SAFE Act Guide was made on Wednesday and came via the New York State Rifle & Pistol Association.

“ The New York State Police have followed the same sensible path taken by the New York Sheriffs’ Association and many local law-enforcement agencies in not enforcing a capricious, ill-conceived and unconstitutional portion of the NY SAFE Act,” stated NYSRPA President Thomas King in a press release.

“ To date, NYSRPA has spent over $500,000 in litigation and we are prepared to fight the NY SAFE Act all the way to the U.S. Supreme Court where we are confident that many provisions of the law will ultimately be overturned,” he continued.”

 

 

 

Read more here and the NYSRPA press release is below …

 

 

 

” NYSRPA pleased police will not enforce SAFE Act provision – The New York State Rifle & Pistol Association is pleased to announce that the Revised New York State Police NY SAFE Act Guide instructs its members not to enforce the 7-round magazine limit originally imposed by the hastily enacted measure.

” This is a direct result of the December 31, 2013 ruling in the U.S. District Court for the Western District of New York on litigation filed by NYSRPA,” said NYSRPA President Thomas King. The court ruled that the unlawful possession of certain ammunition feeding devices (fully loaded 10-round magazines) was unconstitutional.

” The New York State Police have followed the same sensible path taken by the New York Sheriffs’ Association and many local law-enforcement agencies in not enforcing a capricious, ill-conceived and unconstitutional portion of the NY SAFE Act,” stated King. “To date, NYSRPA has spent over $500,000 in litigation and we are prepared to fight the NY SAFE Act all the way to the U.S. Supreme Court where we are confident that many provisions of the law will ultimately be overturned.” 

  Citing the secretive and hurried process in which the NY SAFE Act became law, King said, “Lawmakers, mental health professionals, and New York’s gun owners were essentially ignored in the rush to enact this law. As a result, careful judicial scrutiny is uncovering some of the law’s flaws and unenforceability. New York’s legal gun owners are among the most law-abiding citizens of this state and ultimately their civil rights will be upheld.” “

 

 

 

 

 

 

 

 

 

 

Federal Judge Upholds Majority Of SAFE Act

 

 

 

” Gun control advocates won a major victory Tuesday, but the fight over New York’s SAFE Act is far from over.

  An appeal of Chief U.S. District Judge William M. Skretny’s decision upholding most of the new law is all but guaranteed.

  And that appeal may come from supporters of the law, as well.

“ I think there’s going to be appeals on both sides,” said Brian T. Stapleton, a lawyer for the New York State Rifle & Pistol Association, one of the groups fighting the law.

  Stapleton’s prediction is based on Skretny’s decision to uphold two key elements of the law, the state’s ban on assault weapons and high-capacity magazines, and his rejection of a third component, the seven-round limit for magazines.

  The judge called the seven-round limit “tenuous, strained and unsupported.” “

 

 

See this related article on compliance and enforcement

 

 

” “People know that registration leads to confiscation,” said Jacob Rieper, a spokesman for the New York State Rifle & Pistol Association, referring to the portion of the law that requires anyone possessing a military-style assault rifle on Jan. 15 register it by April 15. 

  Failure to do so is a misdemeanor. But Rieper and other gun-rights advocates predict many owners will run the risk, which may not be much of a gamble if their belief that local police, sheriffs and the state police will not go out of their way to aggressively enforce the law holds true.

“ The rank-and-file troopers don’t want anything to do with it,” state Assemblyman Bill Nojay, a Republican from suburban Rochester, said on Monday. “I don’t know of a single sheriff upstate who is going to enforce it.

“ If you don’t have the troopers and you don’t have the sheriffs, who have you got? You’ve got (Gov.) Andrew Cuomo pounding on the table in Albany,” Nojay said.”

 

Do Not Comply …

 

“If a law is unjust, a man is not only right to disobey it, he is obligated to do so.”

 

Thomas Jefferson

 

 

 

 

 

 

 

Probably The Best 2nd Amendment Speech Ever

 

 

 

Published on Jun 30, 2013

” Army veteran and cop tells it strait. A flawless speech ! “

NYSAFE Act: Keeping our communities safe while respecting hunters and sportsmen

Gun Owners

” The SAFE Act prevents criminals and the dangerously mentally ill from buying guns, cracks down on illegal guns and bans only the most dangerous assault weapons. The SAFE Act protects law- abiding citizens right to bear arms and does not restrict New Yorkers’ ability to buy, sell, keep or use their guns.” *

   This is what you will find at the confiscation registration website . Each of the questions is hotlinked to a dropdown menu with the state – approved answer.

   You can register here but you cannot see the registration form until you have already given the State Police all of your personal information . Name , address , DOB , description , driver’s license # etc .

Frequently Asked Questions:

Assault Weapons

Q: I own a gun that I use for hunting, is it an assault weapon?
Q: I own a handgun, is that an assault weapon?
Q: I am not sure if the gun I own is an assault weapon. How do I find out?
Q: I have an assault weapon. Do I have to give it up?
Q: How does registering my gun compare to getting a handgun license?
Q: What do I do if I don’t want to register my assault weapon?
Q: If I modify my gun by removing all design characteristics that makes it an
assault weapon, do I have to register it?
Q: If I don’t currently own an assault weapon, how does the new ban on
assault weapons affect me?

Assault Weapon Registration

Q: Where do I get the assault weapon registration form?
Q: How much does the registration cost?
Q: How do I complete the form?
Q: Once the form is submitted, how will I know that my weapon has been successfully registered?
Q: By when do I have to register my weapon?
Q: What happens if I fail to register my weapon by the deadline?
Q: Will this information be publically available?
Q: Once I’ve registered my weapon, do I ever have to register it again?
Q: Do I have any other obligations associated with registering my assault weapon?

Magazines

Q: How does the SAFE Act impact magazines?
Q: Can I continue to buy 10 round magazines?
Q: How many rounds can I put in my magazine?
Q: Is there anything else I should be aware of?

Antique Guns & Magazines

Q: Is there any exception for historic or antique guns and magazines?
Q: What qualifies as an antique gun or magazine?
Q: I have an antique gun that now qualifies as an assault weapon. Can I transfer it?
Q: I have an antique gun with a magazine that can contain more than ten rounds.
Can I keep the magazine?

Private Sales

Q: What types of private handgun, rifle or shotgun sales or transfers are subject to background check requirements?
Q: What family members are exempt from the private sale/transfer provision?
Q: As a private individual seller/transferor, how do I conduct a background check
on a buyer or transferee?
Q: Do I need to get a background check if I am selling or transferring the firearm
to a relative?
Q: Are dealers required to facilitate a private sale or transfer?
Q: What if I fail to comply with the background check provision?

Safe Storage

Q: When am I required to safely store my gun?
Q: What do I have to do to safely store my gun?

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

 

 

* We’ve got a bridge for sale if you believe this .

 

 

 

 

   PS : Here is a poem from the comments at the Breitbart link to the NY State registration story .We thought it very apt for the occasion .

 

John (magnum)  MarvLS1 • 32 minutes ago

America

America is the land of the free,
Millions have died for you and me.
Our Constitution is under attack,
By “The Messiah” , the socialist Barack .

The Democrat party has ceased to be,
They wish total control over you and me.
Socialists and Communists they have become,
Destroy America, their rule number one.

Cutting the military their ultimate goal,
Along with selling their devilish soul.
Drones in the sky in the land of the free,
So they can keep tabs on you and me.

The Second Amendment they HATE you see,
Because it means freedom for you and me.
They tap our phones and e-mail too,
They are afraid of what we can do.

They want my guns, they are saying to me,
Not as long as I breath and able to see.
I took my oath and went to Nam,
They WILL NOT get guns from this old man !

Many have died for the red white and blue,
If the need arises, I will too.
Guns from my hands they will have to pry,
MOLON LABE is the battle cry !!!!!!

John D USN RVN 71, 72, 73, evac 75
3/9/13

 

 

 

 

 

 

 

 

NY SAFE Act Nabs its First Gun Owner: An Iraq War vet (VIDEO)

 

 

 

” A Western New York man now faces seven years in prison for violating Gov. Andrew Cuomo’s new gun control-law, the NY Secure Ammunition and Firearms Enforcement Act (or SAFE Act).

Benjamin M. Wassell, an Iraq War veteran, was charged with twice selling newly banned military-style ‘assault’ weapons and standard-capacity magazines to an undercover police officer as part of a sting operation conducted by State Police and the New York Attorney General’s Office, the Buffalo News reported.

The first sale Wassell made to the undercover officer was made nine days after the Governor rammed through the law in the dead of night after waving the mandatory three-day legislative review period.

Instead of arresting Wassell after his first offense, the investigators held out and remained undercover to see if he would sell another banned firearm.  Unfortunately, he did.

Thoughts and analysis

This is only beginning.

Gun owners in the Empire State should be on high-alert moving forward.  Both Cuomo and NYC Mayor Michael Bloomberg will continue to appropriate state and city resources to conducting sting operations that attempt to entrap law-abiding gun owners.

NY SAFE Act: Question on ‘Assault’ Weapons Registration

The way it looks, lawmakers want to ensure that this law is taken seriously.  Previously legal firearms are now banned.  And if you fail to register them in the coming weeks, you’re now a criminal in the eyes of the state.

Also, please note that these laws do not only apply to firearms, but magazines as well.  The NY SAFE Act put a retroactive ban on magazines that hold more than 10 rounds.  If you’re caught with a 10-plus round magazine, you’re a criminal.  If you load more than seven rounds in your ten round magazine, you’re in violation of the law.”

 

 

 

 

 

—-