Jump to content


Welcome to Long Island Firearms, Long Island's premier source for news and education!

Welcome to Long Island Firearms, like most online communities you must register to view or post in our community, but don't worry this is a simple free process that requires minimal information for you to signup. Be a part of Long Island Firearms by signing in or creating an account. You also have the ability to login with your facebook or twitter account. See the icons in the upper right hand corner.
  • Start new topics and reply to others
  • Subscribe to topics and forums to get automatic updates
  • Get your own profile and make new friends
  • Customize your experience here
Get the latest facts on the new NY SAFE gun laws that effect you!

Photo

H.R. 38


  • Please log in to reply
56 replies to this topic

#41 Steyr AUG man

Steyr AUG man

    Gun Guru

  • Established Member + Classifieds
  • 703 posts

Posted March 01 2017 - 10:16 AM

Which "States"???   The only Issue I've heard of is PA.  And,

someone on a thread here said that he got refused for a non resident from some state because they said his license was restricted to premise. i dont remember which state.



# Advertisement

Advertisement

Posted A minute ago



#42 Steyr AUG man

Steyr AUG man

    Gun Guru

  • Established Member + Classifieds
  • 703 posts

Posted March 01 2017 - 10:20 AM

It may smooth it over a little, but states like NY and Ca. will more than likely confiscate and destroy the manufacture's standard capacity magazines. I can see them reducing the charges to misdemeanors with a fine to make the point, they will resist any way they can. NY won't change its law cause it's a slam dunk for anyone who does not possess a CCW, especially unsavory types of people. And still allows them to charge criminals with possession on two counts, the firearm and magazine. IMHO

 

they cant do any of that under the new law, if the bill passes. in the new law, magazines are defined as handguns also, so they would be directly violating the federal statute by confiscating magazines.

 

(2)

The term handgun includes any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine.



#43 imrich

imrich

    Respected Gunowner

  • Donated Member
  • 206 posts
  • LocationWestern Suffolk

Posted March 01 2017 - 10:24 AM

Gentlemen. NYS and other anti-gun, restrictive states will, in my reading of it, be neutered by this bill. It says that if a state allows concealed carry (and all 50 do now) that you must recognize the licenses of other states and for states with constitutional carry, a drivers license will do as proof. Read down where it gives the person arrested, the power to sue the state or municipality that further restricts CCW for damages and court costs. Do you really think any state (or it's constituents), however anti-gun will choose to fight this when the law suits start piling up and it's looking at huge costs in damages and court fees? Remember, money talks, bull crap walks.      



#44 Steyr AUG man

Steyr AUG man

    Gun Guru

  • Established Member + Classifieds
  • 703 posts

Posted March 01 2017 - 10:42 AM

Gentlemen. NYS and other anti-gun, restrictive states will, in my reading of it, be neutered by this bill. It says that if a state allows concealed carry (and all 50 do now) that you must recognize the licenses of other states and for states with constitutional carry, a drivers license will do as proof. Read down where it gives the person arrested, the power to sue the state or municipality that further restricts CCW for damages and court costs. Do you really think any state (or it's constituents), however anti-gun will choose to fight this when the law suits start piling up and it's looking at huge costs in damages and court fees? Remember, money talks, bull crap walks.      

dont you remember Giuliani? he was wrong on so many things he tried to implement. he was a lawyer and prosecutor, he had to know.  his answer was "so sue me". he was very cavalier about the costs of using the Corp. Counsel for defending his unconstitutional actions in court.

 

Do you really think this so called governor is any different? especially about his pet project issue? he is a lawyer also, like Giuliani.

 

The Giuliani Way: Sue and Be Sued, and Sometimes Win by Losing

 

The critics say that Mr. Giuliani often forces litigation even when he has little chance of winning. ''But it's very costly to sue. That's part of the tactic. You control the debate by wearing down the opposition. He's really using dirty tactics. You overwhelm with power, not the rightness of your position.''

''They use the courts with enormous frequency, not so much to test legal issues, but as a weapon,'' said Eric Lane, the director of the 1989 City Charter commission and a law professor at Hofstra.

Public Advocate Mark Green, who had to sue to get police brutality records, said: ''The City's poor win-loss record results from a client who insists on bringing losing cases because he wants to exhaust, stall or intimidate critics. Even when he loses legally, he may have so delayed the march or investigation that he wins tactically.''

Being litigious bears a price tag. No one keeps a tab on Mr. Giuliani's cases, but experts estimate the cost at millions of dollars -- including footing the bills of some lawyers who beat the city. Lawyers for the street artists, for example, collected $448,000 after a judge upheld the artists' right to sell their work on the sidewalks.

''It's easy for the Mayor to sue -- it doesn't cost him a penny,'' said Gene Russianoff, a lawyer for the New York Public Interest Research Group, a watchdog group. Councilman Walter McCaffrey, a Queens Democrat, said the Mayor uses city lawyers like ''his own Legal Aid Society.''

Still, the Mayor, who declined to be interviewed for this article, has had far more defeats than victories, the latest in the state's highest tribunal, the Court of Appeals. In March, the court ruled that his effort to sell Coney Island Hospital was illegal, and in April it ruled that he had broken the law in ousting state auditors from city agencies. Both decisions against his administration were unanimous, as were lower court rulings.

''He's the biggest loser in the history of the mayoralty,'' said Dr. Richard C. Wade, a City University historian of city legal affairs. ''He even tried to keep people off the City Hall steps. Now, no other mayor would ever have gone to court about that.''

Mr. Giuliani not only files lawsuits, but critics say he also provokes suits against his administration by refusing to reach compromises, or by withholding information that previous mayors made available as a matter of course.

For instance, under Mr. Giuliani, advocacy groups have had to sue for parade permits. The Citizens Budget Commission, a 66-year-old watchdog group, has sued for records it used to get freely. So have members of the news media. The New York Press Club's president, Gabe Pressman, who in 50 years has covered eight mayors, said, ''I've never seen anything like this.''

State and Federal courts have repeatedly overruled the Mayor in his feuds with other officials, First Amendment cases and disputes over public records. Eve Burton, a lawyer for The Daily News who tracks the records cases, said, ''The Mayor has lost all of them.'' The New York Civil Liberties Union says it has tangled with the Mayor in court in 17 cases, and won all but 2, not counting the car-seizure decision, which it is appealing.



#45 imrich

imrich

    Respected Gunowner

  • Donated Member
  • 206 posts
  • LocationWestern Suffolk

Posted March 01 2017 - 11:13 AM

I do. You're comparing a local official to an act of congress on a federal level. Also. This isn't some new legislative language. This idea already lies within the wording of the second amendment to our constitution. The politics of the nation today (executive, legislative and soon to be judicial as well as most local) is much different than the politics of NY. You're comparing apples to oranges.

#46 firemanvin

firemanvin

    Sharp Shooter!

  • Topic Starter
  • Donated Member
  • 453 posts

Posted March 01 2017 - 11:49 AM

This whole thing is a lot more viable than what we could ever have hoped for just a few short months ago.  The gun control political hacks never imagined that Trump would win.  That includes Cuomo at a state level, Bellone at a county level, and all of the flunkies that work for them; including and especially the pencil pushing rubber gun squad administrative police that support their anti 2A agenda.  I really hope they are squirming and get caught like a deer in the headlights when this passes.  They are going to need more political capital than they can conger up to pass laws to counter national reciprocity; as long as the Long Island based state senators and assemblymen don't go all RINO.


  • NRATC53 and boosti like this

#47 slowryder

slowryder

    Gun Guru

  • Donated Member
  • 1,155 posts

Posted March 01 2017 - 12:32 PM

You are correct Stery Aug man, I stand corrected, the magazine as defined in this code is not restricted, but considered part of the fireman as also defined in this section and referred back to in all proceeding sections including 926D which H.R. 38 puts forth.

18 U.S. Code § 921 - Definitions


(29) The term “handgun” means—
(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and
(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.

#48 anythinggood

anythinggood

    Gun Guru

  • Donated Member
  • 1,495 posts

Posted March 01 2017 - 04:31 PM

Am I missing something here?  Thought that this only applied to people with a home ccw.  How does this help us in suffolk county?



#49 2edgesword

2edgesword

    Gun Guru

  • Donated Member
  • 5,936 posts

Posted March 01 2017 - 04:45 PM

Am I missing something here?  Thought that this only applied to people with a home ccw.  How does this help us in suffolk county?

 

The legislation includes this sentence...

 

"who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides..."

 

so I think it comes your home state OR another state issued license even if it's a non-resident license.



#50 boosti

boosti

    Gun Guru

  • Established Member + Classifieds
  • 7,047 posts
  • LocationStrong Island

Posted March 01 2017 - 04:55 PM

The legislation includes this sentence...
 
"who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides..."
 
so I think it comes your home state OR another state issued license even if it's a non-resident license.

We have many people who feel it will cover you in a restricted state that has a non resident pistol license. Let's hope this law is signed soon. I am very positive that it will pass and this law will allow people to use a non resident license to carry anywhere in every state.

#51 anythinggood

anythinggood

    Gun Guru

  • Donated Member
  • 1,495 posts

Posted March 01 2017 - 05:04 PM

that is if states other states continue issueing out of state ccw's if there is little to no need for them anymore why would they?



#52 anythinggood

anythinggood

    Gun Guru

  • Topic Starter
  • Donated Member
  • 1,495 posts

Posted March 01 2017 - 05:07 PM

I might be thinking to much into this.  Still would screwed up if people from free states could come to long island or the city and have there ccw reconized with out question but we still are stuck with sportsman stamped on our home pistol license.



#53 slowryder

slowryder

    Gun Guru

  • Donated Member
  • 1,155 posts

Posted March 01 2017 - 05:16 PM

What this proposed bill, if passed in it's present form, makes the States' conform to Federal law for carrying, possessing, transporting, a concealed firearm the way the Federal law set forth in U.S. Code. Title 18.
(...a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State...)
It also gives the individual who is improperly charged the ability to "in any appropriate court" bring action against a person and State for wrongfully charging you with a crime.

(A person who is deprived of any right, privilege, or immunity secured by this section, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages or other appropriate relief.)

Remember you have a State of New York pistol license which is what the Federal law recognizes.
Even here in Suffolk there is no conformity, SCPD issues restriction and SCSD issues none.

#54 boosti

boosti

    Gun Guru

  • Established Member + Classifieds
  • 7,047 posts
  • LocationStrong Island

Posted March 01 2017 - 05:22 PM

I might be thinking to much into this.  Still would screwed up if people from free states could come to long island or the city and have there ccw reconized with out question but we still are stuck with sportsman stamped on our home pistol license.

Where I am upstate, people who live in NYC, Nassau and Suffolk are carrying without the worries of being harassed by the Police for carrying out of restrictions. During the hunting season you will see hunters open carry. It's the administration and politics that ruin it here in New York. As I said, once this Federal Law goes in effect. The liberals will be acting like they lost another election.
  • NRATC53 and Steyr AUG man like this

#55 Parashooter

Parashooter

    Gun Guru

  • Established Member + Classifieds
  • 10,414 posts

Posted March 01 2017 - 07:00 PM

someone on a thread here said that he got refused for a non resident from some state because they said his license was restricted to premise. i dont remember which state.

 

That's only ONE "State" AND - the truth to that is again, that it is the whim of the issuing agents - NOT "the State" that is refusing to issue to a NY Licensee with local restrictions.



#56 boosti

boosti

    Gun Guru

  • Established Member + Classifieds
  • 7,047 posts
  • LocationStrong Island

Posted March 01 2017 - 07:23 PM

That's only ONE "State" AND - the truth to that is again, that it is the whim of the issuing agents - NOT "the State" that is refusing to issue to a NY Licensee with local restrictions.

Pennsylvania requires a carry license from the home state. If you have a NYC premise license that becomes a problem. Centre County has been very good with quick service in under 30 minutes.

#57 Steyr AUG man

Steyr AUG man

    Gun Guru

  • Established Member + Classifieds
  • 703 posts

Posted March 03 2017 - 09:11 AM

That's only ONE "State" AND -


why the quotes around state? is it D.C. or Puerto Rico or something?
 

the truth to that is again, that it is the whim of the issuing agents - NOT "the State" that is refusing to issue to a NY Licensee with local restrictions.

a distinction without a difference. we deal with the issuing agents as a representative of the states.






0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users