Gun seizures begin in New York as Governor puts out false FAQ sheet
By Martin Hill
LibertyFight.com
January 20, 2013


UPDATE 2/1/13 10:08 PACIFIC:
See, this is the kind of $h!t I'm talking about. Moments after this was posted on a gun forum, the "U.S. DEPARTMENT OF DEFENSE NETWORK", who is snooping around that forum, comes here and reads this. You government trash had better be aware that you are treading on thin ice and better not violate our God-given rights.


The New York "SAFE ACT" (New York's Secure Ammunition and Firearms Enforcement Act) S2230, was signed into law on Jan. 15, 2013 by Governor Andrew M. Cuomo. The Governor has set up a SAFE ACT website, purportedly to help resolve resident's concerns about what the law involves and how to comply with it. However, if you read the small print at the bottom of the "official" site, it says "Please note: This website is informational only and does not constitute legal advice."

If it's not LEGAL ADVICE, then they ("the state") are telling you up front that they aren't liable if you try to follow something on their site and later get it trouble for it. The Governor's latest version of the FAQ conveniently omits the controversial "surrender it to law enforcement officials" provision, which remains in the NY Senate Fact Sheet. A lot of people are looking for the facts about the law.

However, State Police Departments and Federal Government Agencies nationwide have been feverishly tracking gun forums and articles regarding the SAFE Act, gauging the public's response and inquires into these new restrictive and tyrannical measures. Gun seizures are imminent and have already begun. 32 year old Nathan Haddad of LeRay, NY was arrested for having five 30-round magazines in his possession, after a police "vehicle check". He is being charged with five felony counts of "criminal possession of a weapon." Yet another reason never to consent to a warrantless search. Haddad, a former Army staff sergent, was deployed four times during his 10 years of service before he was injured in special forces training. He was featured in a 2009 newspaper story about injured vets. His arrest was first reported on January 7, a week before the SAFE Act was signed into law, but illustrates the willingness of the state to prosecute and confiscate weaponry.

LibertyFight.com does not suggest that readers visit the government SAFE Act site with their questions about the law; because for each question you ask, you may inadvertently reveal information which should be kept private. Among recent visitors within the past two weeks to the LibertyFight.com archive of gun articles are the official ISPs of the United States Senate, U.S. Department of Justice, Department of Homeland Security, New York Police Department, City of New York, City of Rochester, Navy Network Information Center, U.S. Army Intelligence, The State of California, Nassau County NY, Ulster County NY, New York State Troopers, New York State Unified Court System, U.S. Department of Defense, Village of Harrison New York, the California Highway Patrol, California Peace Officers Association, the Federal Reserve Bank in Richmond, VA, and countless more.

The New York State government has also set up a toll-free hotline at 1-855-LAW-GUNS where naive dupes can call and inform on themselves to jackboot cops during regular business hours. I have mirrored the printable PDF version of the FAQ here and also included the complete text below at the bottom of this page. (original formatting is not included, but all the text is the same.) The official site can be found here: http://www.governor.ny.gov/2013/gun-reforms-faq and their printable PDF is here. Senator Thomas F. O'Mara, one of 18 State Senators who voted no on the bill, posted news of the governor's website on Jan. 18th.

Confusion set in for gun dealers after the bill was signed into law. 175 New Yorkers attended a town hall meeting on the law yesterday, where a "Division of Criminal Justice Services" spokesman said the meeting "is not to get into a discussion over whether the gun control laws are good or bad, but rather, to provide information about its provisions." Consistent with their actions against the Constitution, the government prohibited any signs of dissent in the auditorium.

An excellent Jan. 29th article from bob-owens.com points out "They don't even know what they're banning; NY SAFE Act web site serially misidentifies firearms" which states, in part, "In 30 pictures describing "pistols that are not assault weapons," the NY SAFE web site incorrectly identifies 6 of 30 handguns presented by name, and 16 of 30 by type."

Four gun rights groups, The New York State Rifle & Pistol Association, Westchester County Firearms Owners Association, Sportsmen's Association for Firearms Education, Inc., and AR15.COM LLC, have served "notice that they intend to file a claim against THE STATE OF NEW YORK." Their court document can be found here. Their filing states, in part,

"Plaintiffs claim that passage and enforcement of the aforementioned legislation: A. violates their fundamental constitutional rights to lawfully possess, keep, bear and use firearms for self-defense and other lawful purposes; B. violates their constitutional rights to privacy; C. impermissibly interferes with and infringes upon their fundamental constitutional rights to travel both intra-state and inter-state with lawfully possessed firearms; D. unconstitutionally criminalizes and bans the possession of certain firearms, ammunition and large capacity feeding devices that were legally possessed prior by plaintiffs prior to the legislation's passage and enforcement, and in which the plaintiff's had a cognizable property interest. The outright criminalization and ban of these firearms, ammunition and large capacity feeding devices amounts to a deprivation and taking of them by the State of New York under color of law and without due process or just compensation. As such, passage and enforcement of the NY SAFE Act effectuates an unconstitutional taking of private property under the Fifth and Fourteenth Amendments to the U.S. Constitution"

NY Senator Kathleen A. Marchione, who voted no on the bill, has launced a petition petition to repeal the measure. Meanwhile the NY Governor is amping up his propaganda. On page 177/326 of a free book entitled NEW YORK RISING, the Governor's office states,

"We Must Pass a Tough Assault Weapons Ban: The Rest of the Nation will Follow New York Guns have both a noble and a tragic tradition in America and in New York State. They are a sign of our nation's fiercely defended independence and self-reliance. Our state is home to the oldest gun manufacturer in the United States, which proudly armed our soldiers in both World Wars. Guns are the tools of our nation's great hunting and sporting traditions. In the wrong hands, guns are also weapons of untold destruction and heartbreak. As the tragic events of just the last few weeks in Newtown, CT, and West Webster, NY, have indelibly taught, guns can cut down small children, firefighters and policemen in a moment. Nationwide, almost 70 percent of criminal homicides are committed with guns. .......

...Some weapons are so dangerous and some ammunition devices so lethal that we simply cannot afford to continue selling them in our state. With military-style features that are unneeded and unwanted for hunting and sporting purposes, assault weapons are this kind of weapon. And large capacity magazines are this kind of ammunition device. The guns and ammunition used in the recent shootings in West Webster, NY; Newtown, CT; Oak Creek, WI; Aurora, CO; and Tucson, AZ all had either one or both of these kinds of guns or magazines, permitting them to fire multiple rounds in rapid succession without reloading and without giving their victims an opportunity to flee. Our state has had a ban on assault weapons since 2000, but it is so riddled with loopholes and so difficult to understand that it has become virtually unenforceable. Among other things, while we ban all magazines with a capacity greater than ten rounds of ammunition, we do not ban large capacity magazines manufactured prior to the enactment of the federal assault weapons ban in 1994 - magazines with the capacity to hold upwards of 30, 50, or even 100 rounds."

This despite the fact that news reports wildy differ in what was reported by law enforcement at the time of the Newtown shooting:

Conflicts with reports of the gun being found in the back of the car parked out front.

Via Fox News

Lanza shot his mother, Nancy Lanza, drove to the school in her car with at least three guns, including a high-powered rifle that he apparently left in the back of the vehicle, and shot up two classrooms around 9:30 a.m. Friday, law enforcement officials said, speaking on condition of anonymity.

And CBS New York

Authorities found at least three guns at the scene, including a Glock 9mm and a Sig Sauer 9mm — both pistols. Also found was a Bushmaster .223 assault rifle, which was discovered in a nearby car.

And NBC News places the rifle in the back of the car.

Two 9mm handguns were recovered from the scene, an official told NBCNewYork.com. A rifle was found in the back of a car parked outside the school.

And HuffPo says 4 guns were carried by the shooter.
Another report of 4 guns, maybe a fifth.

The Constitutional Sheriffs and Peace Officers Association [CSPOA.org] issued an updated press release on January 29th titled 229 Sheriffs Saying "NO" to Obama Gun Control, which stated in part,

Sheriffs have risen up all over our great nation to stand up against the unconstitutional gun control measures being taken.
The following is a list of sheriffs and state sheriff's associations from who have vowed to uphold and defend the Constitution against Obama's unlawful gun control measures. I applaud these public servants for their courage and conviction. I call on sheriffs all over this nation to add their voices to the growing numbers of faithful protectors of our freedom. -Richard Mack

However, as William Norman Grigg pointed out on LewRockwell.com, Put Not Your Trust in Federalized Sheriffs, in which he stated, in part,

"I will not enforce an unconstitutional law against any citizen of Smith County," insisted Sheriff Larry Smith. The sheriff wants his constituents to believe that he would refuse to participate in a federally mandated gun grab, or permit one to be carried out by federal officials within his jurisdiction. Yet ten days before Smith offered that assurance, his office had taken part in an early-morning SWAT rampage throughout East Texas in which 73 warrants were served as part of the federal government's patently unconstitutional war on drugs.
During a December 2011 campaign debate, Smith said that he wanted to "invest more resources" - that is, redirect wealth plundered from the productive – into a "Drug Task Force," and insisted that under his administration the Sheriff's Office would embrace a "Task Force mentality" in dealing with law enforcement issues.

It should be noted that one of the questions on the NY Governor's "FAQ sheet" for the SAFE Act asks
"Q: I have guns in my inventory that are now defined as assault weapons and magazines that can contain more than ten rounds. What can I do with them?
A: You can transfer them to another dealer or sell them out of state or to law enforcement. You can also permanently modify these guns and magazines and sell them in state."

But as LibertyFight.com broke the story on Jan. 21st, the Official NY Govt 'SAFE ACT' Fact Sheet dictates: "surrender it to law enforcement officials" within a year. That document, still located at http://www.nysenate.gov/files/pdfs/NYSAFE-Fact-Sheet.pdf posed the exact same question as above but stated,

"If you own a large capacity magazine greater than 10 round capacity that was a grandfathered magazine as a result of the 1994 Federal Assault Weapon Ban, within a year, you must do one of the following: dispose of it to another person outside New York State, surrender it to law enforcement officials, or permanently alter such to only accept 7 rounds."


Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured on LewRockwell.com, WhatReallyHappened, Infowars, PrisonPlanet, Economic Policy Journal, FreedomsPhoenix, Veterans Today, The Wayne Madsen Report, Devvy.com, Rense, Antiwar.com, IamtheWitness.com, National Motorists Association, RomanCatholicReport.com, Republic Broadcasting Network, WorldNetDaily, ZionCrimeFactory.com, The Orange County Register, KNBC4 Los Angeles, Los Angeles Catholic Lay Mission Newspaper, KFI 640, The Press Enterprise, BlackBoxVoting, and many others. Archives can be found at LibertyFight.com.

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Below is the text of the NY Governor's SAFE ACT FAQ. LibertyFight/com's mirror of this document as it appeared at 1:29 PM on 1/30/2013 can be found here: http://libertyfight.com/2013/NYSAFEAct_FAQs13013.pdf.

NY SAFE Act Frequently Asked Questions:

Below are FAQ intended to help gun owners in New York understand and comply with the NY SAFE Act enacted on January 15, 2013. If your question is not answered here, please continue to check back, as this list will be updated regularly.

Q: What does this law do?

A: The NY SAFE Act is designed to make New York a safer place to live by reducing gun violence through common sense and reasonable reforms. The law respects the right to bear arms and the interest of hunters, sportsmen, and legal owners who use their guns appropriately.
The law protects New Yorkers by:

Q: I own a gun that I use for hunting, is it an assault weapon?

A: Most guns that are used for hunting are not assault weapons and are not affected by this law. Typical shotguns and hunting rifles are exempt as the law specifies military style assault weapons by design characteristics. For example, any pump, lever, or bolt action shotgun or rifle cannot be an assault weapon. To confirm that your rifle is not an assault weapon and to see common models and characteristics click the links below:

To confirm that your shotgun is not an assault weapon and to see common models and characteristics click the links below:

Q: I own a handgun, is that an assault weapon?

A: Most handguns are not assault weapons and are not affected by this law. A traditionally designed handgun is not an assault weapon. For example a single shot pistol or a revolver cannot be an assault weapon. To confirm that your handgun is not an assault weapon and to see common models and characteristics click the links below:

Q: I am not sure if the gun I own is an assault weapon. How do I find out?

A: Most guns are not assault weapons and are not affected by this law. There are different military characteristics of guns that determine whether they qualify as assault weapons. To help you know whether or not your gun is affected by this law, please click the links on your gun type below: Rifles:

Shotguns: Pistols:

Q: I have an assault weapon. Do I have to give it up?

A: No. If you have an assault weapon, you can register it with the State Police. You have until April 15, 2014 to register your weapon. A form will be made available on this website no later than April 15, 2013. Under state and federal law, some people are not allowed to possess a weapon, such as convicted felons, individuals who have been involuntarily committed, or individuals currently under an order of protection. These people will not be able to register. There is no fee for registering.

Q: How does registering my gun compare to getting a handgun license?

A: It is much simpler. To register, all you need to do is fill out a basic form. You do not need to appear in person or provide references or other information that is typically provided during the handgun licensing process.

Q: What do I do if I don’t want to register my assault weapon?

A: You can sell it to a New York State dealer or anyone out of state by January 15, 2014. Federal law has certain restrictions on shipping guns between states that you should consult before making a transfer.

Q: If I modify my gun by removing all design characteristics that makes it an assault weapon, do I have to register it?

A: No. If you modify your gun so that it is not an assault weapon, you do not have to register it. The modification must be permanent however. This includes, for example, removing the bayonet lug by cutting or grinding, grinding off the threads on the barrel, removing the foregrip so that it cannot be readily reattached, or any change that cannot be reversed through reasonable means.

Q: If I don’t currently own an assault weapon, how does the new ban on assault weapons affect me?

A: The ban on selling assault weapons mainly affects dealers and manufacturers. Newly banned assault weapons may not be sold in New York and dealers and manufacturers will know what weapons can and cannot be sold.

Magazines

Q: How has the law changed for magazines?

A: Since the federal assault weapons ban in 1994, it has been illegal in New York State to buy, for any gun, a detachable magazine, manufactured after the law took effect, that can contain more than ten rounds. This law does not change that. Starting April 15, 2013, only magazines that contain 7 rounds or less will be sold in New York, including permanently modified magazines.

Q: What if I have a magazine that can contain more than ten rounds?

A: You can permanently modify the magazine so that it holds no more than ten rounds, responsibly discard it, or sell it to a dealer or an out of state purchaser by January 15, 2014.

Q: Can modified magazines be sold by dealers or individuals?

A: Yes, anyone can sell a modified magazine.

Q: Going forward, what magazines can I buy?

A: As of April 15, 2013, only magazines that can contain 7 rounds or less will be sold in New York, including permanently modified magazines.

Q: How many rounds can I put in my magazine today?

A: Ten. Starting on April 15, 2013, you are limited to putting in seven rounds, unless you are at an incorporated firing range or competition recognized by the National Rifle Association or International Handgun Metallic Silhouette Association, in which case the limit is ten.

Antique Guns & Magazines

Q: Is there any exception for historic or antique guns and magazines?

A: Yes, they are exempt from the prohibition against transfer, but if the gun qualifies as an assault weapon it must be registered.

Q: What qualifies as an antique gun or magazine?

A: Any magazine or gun manufactured more than 50 years ago.

Q: I have an antique gun that now qualifies as an assault weapon. Can I transfer it?

A: Yes. As long as the gun is registered, it can be freely transferred to anyone.

Q: I have an antique gun with a magazine that can contain more than ten rounds. Can I keep the magazine?

A: Yes, provided that you register both the gun and magazine using the same simple registration process that is used for assault weapons.

Private Sales

Q: I want to buy my gun from someone who is not a dealer, i.e., a private sale. What do I have to do?

A: A NICS check must be performed on the buyer by a dealer. The dealer may charge you no more than $10. The dealer will give the prospective buyer a form to show that he or she passed the check. This will take effect on March 15, 2013.

Q: I want to sell my gun to someone who is not a dealer. What do I have to do?

A: A NICS check must be performed on the prospective buyer by a dealer.

Q: What if I want to sell my gun out of state, does a dealer need to perform a NICS check?

A: No. You can sell your gun out of state, provided you follow the laws of the state. Federal law has certain restrictions on shipping guns between states that you should consult before making a transfer.

Safe Storage

Q: When am I required to safely store my gun?

A: You are required to safely store your gun if you live with someone who has been convicted of a felony or domestic violence crime, has been involuntarily committed, or is currently under an order of protection.

Q: What do I have to do to safely store my gun?

A: You can use an appropriate locking device including a trigger lock, a gun safe, or a secure gun cabinet. Dealers

Q: I have guns in my inventory that are now defined as assault weapons and magazines that can contain more than ten rounds. What can I do with them?

A: You can transfer them to another dealer or sell them out of state or to law enforcement. You can also permanently modify these guns and magazines and sell them in state.

Q: If someone paid for a gun before January 15, 2013 that is now classified as an assault weapon, but the gun hasn’t been delivered to the buyer, what do I do?

A: You may still give the gun to the buyer, but it must be registered by April 15, 2014.

Q: If I sell ammunition, can I keep selling it?

A: Yes. Currently the law does not add any obligations on sellers. Sellers of ammunition will have to register by January 15, 2014. A form will be made available and you will not need to appear in person or wait for a background check.

Q: Do I have to do a NICS check for someone that is privately selling a gun?

A: No, there is no legal obligation for you to agree to conduct a NICS check on a transaction between two private parties. It is up to your discretion. If you choose to do so, you may charge no more than $10.

Q: Is there any background check required for purchasers of ammunition?

A: No. The background check requirement does not take effect until January 15, 2014.

Crimes

Q: What are the changes in the law when it comes to crimes performed with illegal guns?

A: The law establishes tougher penalties for those who use illegal guns as well as measures to help combat gang violence. Tougher penalties under the law include:

Please note: This website is informational only and does not constitute legal advice. ENDEND @@@@@@@ http://www.akfiles.com/forums/showthread.php?t=135834 http://www.akfiles.com/forums/showthread.php?t=135786 http://www.firearmstalk.com/forums/f97/ny-safe-act-web-site-serially-misidentifies-firearms-82787/ http://www.governor.ny.gov/sites/default/themes/governor/sos2013/2013-SOS-Final-to-Present.pdf PICTURES A STAMP which says "I work for the people"