nice flowchart.
what about those who are red/green colorblind?
Dov
I plan to clean it up when everything checks out. I'll change the colors.
![]() |
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.
|
Posted May 12 2015 - 08:12 PM
nice flowchart.
what about those who are red/green colorblind?
Dov
Posted A minute ago
Posted May 12 2015 - 08:25 PM
Using SAFE act terminology. Much like "assault weapon" being a key word that is entirely imaginary.
Posted May 12 2015 - 08:56 PM
touchéA muzzle break doesn't exist. There was also a lawsuit against this portion of the Safe Act, due to the misspelling. [Skretny Decision] That portion of the Safe Act was overturned.
http://www.nytimes.c...uling.html?_r=0
Posted May 12 2015 - 09:06 PM
It gets exempted if it is a fixed magazine that can't be removed. The max is 10 rounds.
I think the 5 rounds has to do with amount loaded during hunting. I don't remember for sure.
Posted May 19 2015 - 06:51 AM
Well I do, and the 5 round exemption for being an AW disqualifier (even detachable,) is located in the statute I quoted earlier in the thread.
5 rounds you're thinking of is max capacity for hunting. Different issue
Posted May 20 2015 - 01:55 PM
As per NY Penal Code Article 265.00 sub 22 (a)(g)(ii) and (iii)
"(g) provided, however, that such term does not include... (ii) a semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; (iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine; or...."
This one is driving me crazy. Anyone know of such a semi-auto like this?
Posted May 20 2015 - 09:36 PM
As per NY Penal Code Article 265.00 sub 22 (a)(g)(ii) and (iii)
"(g) provided, however, that such term does not include... (ii) a semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; (iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine; or...."
This one is driving me crazy. Anyone know of such a semi-auto like this?
OP- how's the chart going?
Posted May 20 2015 - 10:16 PM
This chart is for post-SAFE transfers. If I'm not mistaken (and I could very well be mistaken) you receive a 30-day period from first contact following discovery that you are in possession of a non-compliant firearm to register, provided that you were in possession of it before SAFE and it was compliant with the previous law.
Posted May 21 2015 - 09:13 PM
You are very mistaken. There is no 30 day grace period, or first time pass if you are caught with an AW.
The provision that you refer to contains a "knowingly" provision, and the only folks who will get the pass will be people who live with someone else who owns an AW and dies, and the survivor comes into possession unaware of the nature of the weapon or even its existence. It may also apply to inadvertent movement of an AW into the state such as a traveler or out of state person moving into the state.
No ordinary NY Joe will likely get the grace period and if folks are gambling that they are going to be the first, it may be a very expensive lesson best left to the "other guy".
Posted May 21 2015 - 11:17 PM
Like I said in the following post, one can not tell how well claiming ignorance will work, we haven't seen the issue come up yet. The provision exists and in theory there's no reason it couldn't work if the nature of the discovery points towards ignorance over concealment. Obviously the whole issue is particularly arbitrary and would be left to the discretion of the cop, judge and DA. Understand that I was not appealing to practicality when discussing that, just brainstorming hypos.
Posted May 22 2015 - 06:57 PM
Yes, I mentioned it back in post #29 - Browning BAR series uses small detachable magazines held in with hinged floor plates.
Shotguns however, I'm unaware of.
Posted May 22 2015 - 07:27 PM
Thanks, when I was looking up semi-autos, I saw they made 10 rnd mags for the BAR. I didn't know about the hinge plate version.
Posted May 23 2015 - 08:34 AM
Some things are worth speculating on in the legal field. If the AW is being charged in the setting where the ONLY offense is possessing the rifle, then I can see DA's exercising some discretion, but I still think its a long shot. But if the AW came to the attention of the police through an accidental discharge, menacing, gun theft, domestic incident, or raid following some sort of crime, then I can guarantee you than anyone caught in possession of an unregistered AW will be taking the felony rap, "knowingly" or not.
Posted June 05 2015 - 05:30 PM
Posted June 12 2015 - 06:50 AM
Posted June 12 2015 - 07:26 AM
Posted June 13 2015 - 06:58 AM
A couple of things:
1. In the first big box, aren't all the things we're talking about explosive projectile weapons? How is that non-compliant?
2. Following the 50 year old trail, it is only compliant if registered.
3. You need to add a "registered" or "not registered" somewhere in the stream for final compliant or not.
4. If you really want it to be accurate, quote the penal code or safe act section that confirms the end of trail.
Are these NYS penal code/safe act terms and definitions, or are you paraphrasing? Good luck.
Posted June 15 2015 - 10:16 AM
Posted September 12 2015 - 07:00 PM
Posted September 12 2015 - 08:10 PM
0 members, 0 guests, 0 anonymous users