Sunday, August 23, 2015

The Gun Fetishists Of New York State Don't Like SAFEty

What sane person would have a problem with any of this?

The NY SAFE Act includes the following provisions:[7]
  • Bans possession of any "high-capacity magazines" regardless of when they were made or sold. The maximum capacity for all magazines is 10 rounds. .22 caliber tubular magazines are exempt from this limit. Previously legal "pre-1994-ban" magazines with a capacity of 30 rounds are not exempt, and must be sold within one year to an out-of-state resident or turned in to local authorities. The magazine limit took effect April 15, 2013.[8][9] Originally the law allowed only seven rounds to be loaded into a magazine, but this provision was struck down by a federal judge on December 21, 2013.[10]
  • Ammunition dealers are required to do background checks, similar to those for gun buyers. Dealers are required to report all sales, including amounts, to the state. Internet sales of ammunition are allowed, but the ammunition will have to be shipped to a licensed dealer in New York state for pickup. Ammunition background checks were scheduled to begin January 15, 2014,[11] but were put on hold indefinitely because the required "seamless" technology that would not inconvenience vendors or customers could not be put in place. The superintendent of state police, charged with creating such technology, is working on development, but a release date is still unknown.[12] So while out-of-state vendors are required to ship ammunition to a NYS licensed dealer, the buyer can still pick it up with no check of any kind required, or walk into any registered ammunition dealer (now required under the act to sell ammunition) and buy ammunition providing he/she is over 18.
  • Requires creation of a registry of assault weapons. Those New Yorkers who already own such weapons would be required to register their guns with the state. Registration began on April 15, 2013 and must have been completed before April 15, 2014.[9]
  • Requires designated mental health professionals who believe a mental health patient made a credible threat of harming others to report the threat to a mental health director, who would then have to report serious threats to the state Department of Criminal Justice Services. A patient's gun could be taken from him or her.
  • Stolen guns are required to be reported within 24 hours. Failure to report can result in a misdemeanor.
  • Broadens definition of "assault weapon" from two identified features to one. The sale and/or transfer of newly defined assault weapons is banned within the state, although sales out of state are permitted. Possession of the newly defined assault weapons is allowed only if they were possessed at the time that the law was passed, and must be registered with the state within one year.
  • Requires background checks for all gun sales, including by private sellers - except for sales to members of the seller's immediate family. Private sale background checks began March 15, 2013.[11]
  • Guns must be "safely stored" from any household member who has been convicted of a felony or domestic violence crime, has been involuntarily committed, or is currently under an order of protection.[11] Unsafe storage of assault weapons is a misdemeanor.
  • Mandates that all purchases of firearms go through a licensed firearm dealer(FFL), unless it is an exempted transfer between family members
  • Increases sentences for gun crimes, including upgrading the offense for taking a gun on school property from a misdemeanor to a felony.[13]
  • The state Penal Law section on aggravated murder was amended to increase penalties for murdering a first responder (the "Webster" provision) to life in prison without parole.[14]
  • Limits the state records law to protect handgun owners from being identified publicly. However, existing permit holders have to opt into this provision by filing a form within 120 days of the law's enactment.[15] There also may exist issues with respect to "registered" owners in the new regulations vs "permit" holders under previous law.
  • Requires pistol permit holders or owners of registered assault weapons to have them renewed at least every five years.
  • Allows law enforcement officials to pre-emptively seize one's firearms without a warrant or court order when there is probable cause the individual is mentally unstable or intends to use the weapons to commit a crime.[16][17]
These insane people. Seriously, I don't have a problem with any of these provisions. Even with all these provisions in place you can still own guns in NY. I see no infringement on any Second Amendment rights.

Before going on, I would encourage you to take note of the "Webster" provision. The incident that inspired this provision is incredibly scary and sad.

What if the Second Amendment had been about roadways and automobiles, instead of militias and "arms"? What if it said: "A well regulated road system being necessary to the security of free enterprise and capitalism, the right of the people to keep and drive automobiles shall not be infringed"? Should all regulations pertaining to driving be repealed? Sane things like stop signs, driving on the right side of the road, insurance, licensing, passing a drivers test before you can drive, age limits, car inspections, car registration, etc. There are reasons for these regulations, they help save lives and keep people safer. They don't stop anyone from being able to own and drive a car. The regulations don't mean that the government actually wants to confiscate all of your vehicles.

If anything I thing we need more gun regulation, not less. I think guns should be regulated in ways that mirror automobile regulations. That includes insurance that would pay damages to people who are shot.

I can imagine what it would be like if my imagined Second Amendment actually existed. Right-wing nuts would want all regulations removed. They would claim that their freedom is at stake because they have to stop at stop signs and can't drive on the left side of the road. They would howl "what part of shall not be infringed" don't you understand, because they can't drive a tank down the road, or in a church, or in a Wal-Mart. They would claim it is necessary to drive a tank because other people drive a tank and they are only trying to protect themselves and their family. The National Automobile Association would claim that tanks in schools is the only way to keep our children safe. I know this sounds ridiculous and crazy, but I am dead serious about this. It is no more ridiculous and crazy than the claims that the insane gun fetishists make about their gun "rights".

I know what "shall not be infringed" means. Do the gun fetishists know what "well regulated" means?

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