How does the NY law effect CAS as well as Reenacting in NY

Started by Sean Thornton, February 04, 2013, 09:53:13 PM

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Sean Thornton

I just thought I would ask if anyone knows how the new NY gun control laws effect the sport of CAS with the rifles holding over 7 rounds. Also specifically the Henry rifle, how does it effect it.  Is the Henry rifle now an "Assault Weapon" waiting to do scary things? Gun control and crime control have very little to do with each other. Too many lawmakers just want to pass "feel good laws" so they can say "look we have done our part" in banning guns to "fix" the crime problem. If gun control worked then Chicago should be the safest place on the planet.
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FriscoCounty

The NY law only applies to semi-automatic rifles, pistols, and shotguns.  It also applies to revolving cylinder shotguns.   It does not apply to any rifle, shotgun or pistol that  is  manually  operated  by bolt,  pump,  lever or slide action; has been rendered permanently inoperable; or is  an  antique  firearm  as  defined  in  18  U.S.C. 921(a)(16).


Here is a link to the text of the bill:
http://www.governor.ny.gov/assets/documents/GPB_1_GUNS_BILL_LBD_12007_03_3.pdf
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cactus joe

Quote from: FriscoCounty on February 04, 2013, 10:52:38 PM
The NY law only applies to semi-automatic rifles, pistols, and shotguns.  It also applies to revolving cylinder shotguns.   It does not apply to any rifle, shotgun or pistol that  is  manually  operated  by bolt,  pump,  lever or slide action; has been rendered permanently inoperable; or is  an  antique  firearm  as  defined  in  18  U.S.C. 921(a)(16).


Here is a link to the text of the bill:
http://www.governor.ny.gov/assets/documents/GPB_1_GUNS_BILL_LBD_12007_03_3.pdf
I'm not too sure this is true; i called our state police and asked about my 2 henrys, and explained to him that they were both tubular mags and both were lever actions, and after and long wait he came back with that' he didn't know the answer, but than gave me this number to call 1-855-529-4867. when i called that number they also were confused but after about 5 mins of wait he came back on and said yes all magazines would be limited to 7 rounds. So it seems that certin guns has caught them off guard and even though they are not considering a henery a assult weapon they are holding all guns regardless of how they are classified to 7 rounds.

St. George

Maybe you should have described them as 'Civil War' replica lever-action rifles...

The second you bring up 'historical' stuff - most folks tune out, but if you keep adding tid-bits of information, then you pique their interest - and with cops, 'NO' is a default setting.

Scouts Out!
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It Wasn't Schoolboys and Ladies - It Was Cowtowns and Sin..."

major

According to the NY web site for FAQ the Henry rifle does not qualify as an assault weapon.  Also there are a lot of law suits in the pipeline trying to over turn this ill-conceived law so I would not worry about it anytime soon.
http://www.governor.ny.gov/2013/gun-reforms-faq
Terry
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Mogorilla

Eons ago during the Brady bill my roommate from college bought an engraved Henry for completing his Ph.D.    (We had spent hours watching Silverado).   He had it engraved at the Uberti factory.  After it shipped, it sat in New York customs as they declared it an assault weapon and he could not import it.   6 months he spent on the phone.   Finally he got a guy who he had not spoken to before.  Guy looks at the paperwork and laughs and said "Last guy who thought this was an assault weapon was Robert E. Lee!"  He proceded to tell my buddy he was stamping it approved and sending it on.  He got it 3 days later.   We were amazed there was one government official with common sense.   

FriscoCounty

Quote from: cactus joe on February 05, 2013, 08:44:16 AM
I'm not too sure this is true; i called our state police and asked about my 2 henrys, and explained to him that they were both tubular mags and both were lever actions, and after and long wait he came back with that' he didn't know the answer, but than gave me this number to call 1-855-529-4867. when i called that number they also were confused but after about 5 mins of wait he came back on and said yes all magazines would be limited to 7 rounds. So it seems that certin guns has caught them off guard and even though they are not considering a henery a assult weapon they are holding all guns regardless of how they are classified to 7 rounds.

Ah, I see where the confusion is.  While the rifle is not an assault weapon, the pertinent section is Section 38 if the bill which amends Subdivision 23 of Section 265.00 of the NY State penal law.  This changes the definition of "large capacity ammunition feeding device"  and it is ambiguous as to whether it only applies to removable/separate devices or includes non-removable magazines.  This is an amending of the 2000 law which banned magazines, etc with capacities greater than 10 rounds to limit capacity to 7 rounds.  There was a .22 RF exemption was in the existing law.

Given that, but I am not a NY prosecutor, I would suspect that it does not apply as you can buy Henrys under the existing law and that the .22 RF exemption was for carny feeding tubes.  What will definitely be affected are Ruger 10/22 magazines as they are rotary and not tubular.

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cactus joe

You got it friscocounty, they are not saying the henry is a assult rifle, but where the problem is it's magazine exceeds the 7 round max limi,. but as has been stated this is such a new law, i bet if i call them today i'd get a different answer. i also brought up about my 10/22 clip and my henry .22 goldenboy and that same guy told me that if the magazines exceed 7 rounds they will have to be modified if they are used. They passed the law so fast and their concerns were concentrated on assult weapons that they over looked other types of weapons. WE willjust have to wait and see how things play out.

Coffinmaker


The "We" who live in New York should not "wait to see what happens."  Get a copy of the new law, read it, then file a suit.  There is no need to be a lawyer to file suit.  No one should be turned into a felon for possession of an item previously purchased legally.  The last major government to act in this manner was called the "National Socialist Party."

Coffinmaker

cactus joe

Here is the paragragh frow the new law dealing with magazines;  '' Restrict ammo magazines to 7 bullets, from the current National standard of 10. Current owners of higher capacity mags would have a year to sell them out of state. Someone caught with 8 or more bullets in a mag. could face a misdemeanor charge."     They don't seem to be concerned on what type gun or action you have and are not saying they will take your gun away, just limit the rounds in it, which will probably effect CAS events, unless in the future ther is some kind of wavier process.   As far as a law suit , that is being taken care of.  Numerous shooting groups have recentlly filed suit this past week.

FriscoCounty

The law does have an exemption for loading 10 rounds when at an 'official' range.  Unfortunately, it also says the maximum capacity of the magazine must be no more than 10.  My Henry will hold more than 10 rounds and there is just no way I see to change that.  My 1873 when loaded with .44 Russian will hold even more.

Here is a link to Article 265 of the NY Penal Code with the SAFE act revisions included:
http://ypdcrime.com/penal.law/article265.htm
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Gaucho Gringo

Give them an inch, they will take a mile. They will eventually include all fixed magazine guns to fit their agenda. I am just glad I won't live long enough to see the final emasculation of gun owners in the US. What they say today and do tomorrow is two different things.
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Diamond Dan

Hear say-I heard it was only removible mag. type guns.
An x NY resident

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