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Thread: Guide to The New York Safe Act for Members of the Division of State Police

  1. #1
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    Default Guide to The New York Safe Act for Members of the Division of State Police

    http://imgsrv.wben.com/image/wben2/U...ield_Guide.pdf

    This probably should be it's own thread.

    This was apparently leaked...I believe Max Tresmond made this public on Bauerle.


    Bottom of page 12

    If a person becomes ineligible to hold a pistol permit, the Safe Act requires the person to surrender all firearms to police, including all rifles and shotguns for which no license or registration is required.

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    Major BerettaGuy's Avatar
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    I have read the read arms part and I have mixed emotions. I don't know if I am sick to my stomach or pissed off.
    Probably both. Sick to my stomach for seeing what is coming down the line like a freight train and pissed off and all the people out there that have allowed us to get to this point in this state as well as the United States of America.
    And I say to you forget the extremists. Itís simple; no one hunts with an assault rifle. No one needs ten bullets to kill a deer. Cuomo 2013 Never forget this SOB! BEWARE of Trolls! They could be UC on der Gouverneur's State Police Gun Squad.

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    Super Moderator Bill's Avatar
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    Well there goes the " I didn't know defense"
    Degenret and stearn786 like this.
    The Right of the People to Keep and Bear Arms Shall Not Be Infringed. NOT EVEN IN NEW YORK

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    At least this males things a bit more clear. Especially the part describing a Leo cannot check your pistol magazine for compliance unless there is probable cause you have committed a crime. Additionally, it clearly states "just the existence of a pistol with a a magazine in it is not probable cause to check how many rounds you have, and that during a stop the firearm can be moved but must be returned to you in th state it was taken.

    Still not happy overall

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    That is a bunch of crap. You can have your permit pulled if you fail to notify of a change of address, don't ask how I know. So you mean to tell me that I have to surrender my other guns because I didn't notify of a change of address? Bull****!!!!

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    Firehicken99, you need to read page 10, Article D. Absent some indication of criminal activity, there is no right to inspect the contents of a magazine, to ensure that is meets the requirements under the safe act. This next sentence is what worries "If the officer has a probable cause to believe that a particular magazine is unlawful, he or she may seize and inspect it. (So the officer can come up with almost anything for proable cause"

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    So getting your pistol permit is being turned into a liability.




    How does the lawn look in Albany?

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    First of all, did anyone notice footnote 1?
    According to them, you can still transfer a previously owned complaint AW or pre ban mag until January!

    As to the big question, it depends on the definition of "ineligible".
    If that means the person was convicted of a Felony, the subject of an order of protection, or put into a mental hospital, well yes, they would take anything that can go BANG!
    If it means that your license was revoked because you failed to file a change of address, that is BS. But I don't think that is what it means.

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    Everybody should register all guns with the state... nothing to see here... move along now sheep... In all honestly though, the UNSAFE is an all out assault on gun rights and gun owners. We must stand our ground. Do not comply. Battle of Athens, TN. Look it up.
    Last edited by JosERW; 10-02-2013 at 06:16 PM.
    jmac00, ajrocket and Bigfoot like this.
    * NRA ENDOWMENT LIFE * GOA LIFE * SAF LIFE * NYSRPA * SCOPE LIFE *

    This law is dumb.

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    losing a pistol permit for non felony or misdemeaner offense does not equate to losing long guns. That is total BS. WHAT...if you move out of state...setup a residence in another state, get a carry permit legally there...does NY want the handguns registered in NY surrendered to NY,and if not complied with....a warrant for arrest...extradition ? Mull that one over legal beagles...

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    Colonel scosgt's Avatar
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    That is not how I read it. It says INELIGIBLE. And refers to sec 400 PL, which I can not access right now.

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    Quote Originally Posted by barrett9950 View Post


    Bottom of page 12

    If a person becomes ineligible to hold a pistol permit, the Safe Act requires the person to surrender all firearms to police, including all rifles and shotguns for which no license or registration is required.
    This is the thing that bothers me the most. What exactly does it mean to become ineligible. What happens if you gain (or lose) weight and don't notify the clerk to have your permit changed. Does that make you ineligible (for failure to update your info)? Would that be a prerogative to remove all firearms from you residence. I know I'm preaching to the choir but the whole thing stinks.

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    Major BerettaGuy's Avatar
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    Quote Originally Posted by catskillkid View Post
    This is the thing that bothers me the most. What exactly does it mean to become ineligible. What happens if you gain (or lose) weight and don't notify the clerk to have your permit changed. Does that make you ineligible (for failure to update your info)? Would that be a prerogative to remove all firearms from you residence. I know I'm preaching to the choir but the whole thing stinks.
    They are not creating a data base of your guns. They are creating a data base of gun owners.
    FEELING INFRINGED YET?
    Much easier now to run a query comparing prescriptions written against people that own guns or were ever a reference on a pistol permit app.
    Last edited by BerettaGuy; 10-02-2013 at 06:46 PM.
    Atomic likes this.
    And I say to you forget the extremists. Itís simple; no one hunts with an assault rifle. No one needs ten bullets to kill a deer. Cuomo 2013 Never forget this SOB! BEWARE of Trolls! They could be UC on der Gouverneur's State Police Gun Squad.

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    Police this law is unconstitutional, do not enforce it , look the other way, do not be used as a tool of a tyrant.The person you should be arresting Is the person who tells you to enforce this law. HONOR YOUR OATH . Help the people you have sworn to protect before your God and country. Stand with us , stand with your countrymen . God bless America.
    ​oathkeeper
    www.oathkeepers.org

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    Quote Originally Posted by Rubline View Post
    That is a bunch of crap. You can have your permit pulled if you fail to notify of a change of address, don't ask how I know. So you mean to tell me that I have to surrender my other guns because I didn't notify of a change of address? Bull****!!!!

    It's been this way in my county since forever, nothing new for me. Any violation of your counties permit rules can result in revocation.
    Disregarding color of law, preventing free travel, and creating joinder with NYF members since 2010.

    "I've always felt that the real horror is next door to us, that the scariest monsters are our neighbors."
    -George A. Romero

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    Quote Originally Posted by terzmo View Post
    losing a pistol permit for non felony or misdemeaner offense does not equate to losing long guns. That is total BS. WHAT...if you move out of state...setup a residence in another state, get a carry permit legally there...does NY want the handguns registered in NY surrendered to NY,and if not complied with....a warrant for arrest...extradition ? Mull that one over legal beagles...
    What happens in a free state stays in a free state, lol
    No Tupperware allowed in my safe.

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    Quote Originally Posted by catskillkid View Post
    This is the thing that bothers me the most. What exactly does it mean to become ineligible. What happens if you gain (or lose) weight and don't notify the clerk to have your permit changed. Does that make you ineligible (for failure to update your info)? Would that be a prerogative to remove all firearms from you residence. I know I'm preaching to the choir but the whole thing stinks.
    Am I the only one here who does ANY research at all before posting?
    The part about being ineligible has always been in Sec 400 PL. A person is INELIGIBLE to have a pistol permit if:
    He has been CONVICTED of a FELONY or SERIOUS OFFENSE.
    Serious offense is defined as:


    17. "Serious offense" means (a) any of the following offenses defined
    in the former penal law as in force and effect immediately prior to
    September first, nineteen hundred sixty-seven: illegally using, carrying
    or possessing a pistol or other dangerous weapon; making or possessing
    burglar's instruments; buying or receiving stolen property; unlawful
    entry of a building; aiding escape from prison; that kind of disorderly
    conduct defined in subdivisions six and eight of section seven hundred
    twenty-two of such former penal law; violations of sections four hundred
    eighty-three, four hundred eighty-three-b, four hundred eighty-four-h
    and article one hundred six of such former penal law; that kind of
    criminal sexual act or rape which was designated as a misdemeanor;
    violation of section seventeen hundred forty-seven-d and seventeen
    hundred forty-seven-e of such former penal law; any violation of any
    provision of article thirty-three of the public health law relating to
    narcotic drugs which was defined as a misdemeanor by section seventeen
    hundred fifty-one-a of such former penal law, and any violation of any
    provision of article thirty-three-A of the public health law relating to
    depressant and stimulant drugs which was defined as a misdemeanor by
    section seventeen hundred forty-seven-b of such former penal law.
    * (b) any of the following offenses defined in the penal law:
    illegally using, carrying or possessing a pistol or other dangerous
    weapon; possession of burglar's tools; criminal possession of stolen
    property in the third degree; escape in the third degree; jostling;
    fraudulent accosting; endangering the welfare of a child; the offenses
    defined in article two hundred thirty-five; issuing abortional articles;
    permitting prostitution; promoting prostitution in the third degree;
    stalking in the fourth degree; stalking in the third degree; the
    offenses defined in article one hundred thirty; the offenses defined in
    article two hundred twenty.
    * NB There are 2 par. b's
    * (b) any of the following offenses defined in the penal law:
    illegally using, carrying or possessing a pistol or other dangerous
    weapon; possession of burglar's tools; criminal possession of stolen
    property in the third degree; escape in the third degree; jostling;
    fraudulent accosting; endangering the welfare of a child; the offenses
    defined in article two hundred thirty-five; issuing abortional articles;
    permitting prostitution; promoting prostitution in the third degree;
    stalking in the third degree; stalking in the fourth degree; the
    offenses defined in article one hundred thirty; the offenses defined in
    article two hundred twenty.

    There is also some stuff about being notified by Mental Hygene Dept or Family Court (order or protection eetc).

    The ONLY thing that is new is the directive to seize rifles and shotguns in the case of becoming INELIGIBLE for a pistol license.
    Now most of the enumerated offenses are misdemeanors (some of the old time offenses mentioned are probably now Felonies, but conviction would have been a long long time ago).

    So what is interesting about it is that they would seize your rifles if you are convicted of prostitution, BUT since that is a misdemeanor, you could probably just go out and buy another one and pass NICS. There MAY be some legal problems with that provision.

  18. #18
    Colonel scosgt's Avatar
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    The point is, it does NOT say your rifles will be seized if your pistol permit is revoked. It could be revoked for almost anything, such as carrying out of class or being found with 8 bullets in your magazine at home.
    That does NOT make you INELIGIBLE for a pistol permit.

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    Quote Originally Posted by catskillkid View Post
    This is the thing that bothers me the most. What exactly does it mean to become ineligible. What happens if you gain (or lose) weight and don't notify the clerk to have your permit changed. Does that make you ineligible (for failure to update your info)? Would that be a prerogative to remove all firearms from you residence. I know I'm preaching to the choir but the whole thing stinks.
    What happens if you just get denied......do they show up with a warrant
    WARFAB likes this.

  20. #20
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    The taking of rifles and shotguns ONLY occurs if the revocation is for section (a) or (b) as below:

    * NB Effective January 15, 2014
    * 11. License: revocation and suspension. The conviction of a licensee
    anywhere of a felony or serious offense shall operate as a revocation of
    the license
    . A license may be revoked or suspended as provided for in
    section 530.14 of the criminal procedure law or section eight hundred
    forty-two-a of the family court act. Except for a license issued
    pursuant to section 400.01 of this article, a license may be revoked and
    cancelled at any time in the city of New York, and in the counties of
    Nassau and Suffolk, by the licensing officer, and elsewhere than in the
    city of New York by any judge or justice of a court of record; a license
    issued pursuant to section 400.01 of this article may be revoked and
    cancelled at any time by the licensing officer or any judge or justice
    of a court of record. The official revoking a license shall give written
    notice thereof without unnecessary delay to the executive department,
    division of state police, Albany, and shall also notify immediately the
    duly constituted police authorities of the locality.
    * NB Effective until January 15, 2014
    * 11. License: revocation and suspension. (a) The conviction of a
    licensee anywhere of a felony or serious offense or a licensee at any
    time becoming ineligible to obtain a license under this section shall
    operate as a revocation of the license.
    A license may be revoked or
    suspended as provided for in section 530.14 of the criminal procedure
    law or section eight hundred forty-two-a of the family court act. Except
    for a license issued pursuant to section 400.01 of this article, a
    license may be revoked and cancelled at any time in the city of New
    York, and in the counties of Nassau and Suffolk, by the licensing
    officer, and elsewhere than in the city of New York by any judge or
    justice of a court of record; a license issued pursuant to section
    400.01 of this article may be revoked and cancelled at any time by the
    licensing officer or any judge or justice of a court of record. The
    official revoking a license shall give written notice thereof without
    unnecessary delay to the executive department, division of state police,
    Albany, and shall also notify immediately the duly constituted police
    authorities of the locality.
    (b) Whenever the director of community services or his or her designee
    makes a report pursuant to section 9.46 of the mental hygiene law, the
    division of criminal justice services shall convey such information,
    whenever it determines that the person named in the report possesses a
    license issued pursuant to this section, to the appropriate licensing
    official, who shall issue an order suspending or revoking such license.

    (c) In any instance in which a person's license is suspended or
    revoked under paragraph (a) or (b) of this subdivision, such person
    shall surrender such license to the appropriate licensing official and
    any and all firearms, rifles, or shotguns owned or possessed by such
    person shall be surrendered to an appropriate law enforcement agency as
    provided in subparagraph (f) of paragraph one of subdivision a of
    section 265.20 of this chapter. In the event such license, firearm,
    shotgun, or rifle is not surrendered, such items shall be removed and
    declared a nuisance and any police officer or peace officer acting
    pursuant to his or her special duties is authorized to remove any and
    all such weapons.

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    Quote Originally Posted by scosgt View Post
    First of all, did anyone notice footnote 1?
    According to them, you can still transfer a previously owned complaint AW or pre ban mag until January!


    .
    I don't see that

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    Quote Originally Posted by c1mtcase View Post
    I don't see that

    Unlawful transfer of previously lawful Assault Weapon or
    Large Capacity Ammunition Feeding Device within New
    York State (after a one year grace period)
    PL 265.00 (22) (h) A Misd 37 1/15/13 (1)

    1
    The effective date of this section is actually January 15, 2013, but since the statute PL 265.00 (22) (h) does not allow for
    criminal sanctions until on year after the effective date, a transfer under this section is not unlawful until after January 15,
    2014.
    2
    A drug
    Last edited by scosgt; 10-02-2013 at 07:28 PM.

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    In order for a magazine to be a curio or relic it must:
    i. Have been manufactured at least 50 years prior to the current date; and,
    ii. Is capable of being used exclusively in a weapon that was manufactured at least 50 prior to the current date; and,
    iii.the possessor is not prohibited from possessing a firearm;
    and,
    iv. the magazine is registered with the State Police
    Still trying to figure out how one would go about registering an unserialized magazine with the state police. If you have to mark them, start with #75 and mark a few, skip to 200 mark some more, foil the german tank problem for the state! German tank problem - Wikipedia, the free encyclopedia

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    Quote Originally Posted by scosgt View Post
    Unlawful transfer of previously lawful Assault Weapon or
    Large Capacity Ammunition Feeding Device within New
    York State (after a one year grace period)
    PL 265.00 (22) (h) A Misd 37 1/15/13 (1)

    1
    The effective date of this section is actually January 15, 2013, but since the statute PL 265.00 (22) (h) does not allow for
    criminal sanctions until on year after the effective date, a transfer under this section is not unlawful until after January 15,
    2014.
    2
    A drug
    An individual who transfers any such
    weapon or large capacity ammunition device to an individual inside New
    York state or without complying with the provisions of this paragraph
    shall be guilty of a class A misdemeanor unless such large capacity
    ammunition feeding device, the possession of which is made illegal by
    the chapter of the laws of two thousand thirteen which added this
    paragraph, is transferred within one year of the effective date of the
    chapter of the laws of two thousand thirteen which added this paragraph.

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    Quote Originally Posted by scosgt View Post
    Unlawful transfer of previously lawful Assault Weapon or
    Large Capacity Ammunition Feeding Device within New
    York State (after a one year grace period)
    PL 265.00 (22) (h) A Misd 37 1/15/13 (1)

    1
    The effective date of this section is actually January 15, 2013, but since the statute PL 265.00 (22) (h) does not allow for
    criminal sanctions until on year after the effective date, a transfer under this section is not unlawful until after January 15,
    2014.
    2
    A drug
    Applies when the person did not lawfully possess the assault weapon before January 15, 2013.
    Criminal Possession of a Weapon 3
    rd / PL 265.02 (7) (class D felony)
    The only assault weapons that may be registered, and therefore, are exempt from the firearms laws are those that were lawfully possessed by the person before the Safe Act became law on January 15
    th, 2013. Therefore, a person who acquired an assault weapon after January 15th is subject to full criminal liability for possessing the weapon unless he or she is covered by one of the exemptions in PL 265.20.
    Who can you transfer it to

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