Gun recertification a step for safety, not confiscation

[livingston]

The NY-SAFE Act, perhaps the most widely discussed and debated law in New York state's modern history, was enacted by a large bipartisan vote of the state Legislature and signed into law by Gov. Andrew Cuomo in 2013. It has been a hot-button topic for gun owners and activists since that time.


Personally, I am more concerned about my taxes, family health care and quality education for my children. But now, after five years, handgun owners are now "up in arms" again over the fact that they have to recertify that they are eligible, under law, to possess a handgun.
By the way, I am a gun owner, handgun and long gun, but I am fed up with the widespread devastation caused by wanton gun violence and the mindless fealty to the NRA and its affiliates' spin that all gun laws are unconstitutional and will lead to confiscation. There are 300 million guns in our country; do the math. No one is coming for your guns.
Gun recertification a step for safety, not confiscation

 

[livingston]

A member of the group New Yorkers Against Gun Violence (NYAGV) recently penned a newspaper opinion piece on the upcoming deadline for recertifying handgun licenses in New York State. Titled, “Gun recertification a step for safety, not confiscation,” the writer ridicules New York State handgun owners as being “‘up in arms’ again over the fact that they have to recertify” their eligibility to possess a handgun. For “too many gun owners,” he adds, “any gun safety legislation is wrong, viewed as the camel’s nose in the tent of gun confiscation.” He concludes by expressing his disgust at what he calls “…the mindless fealty to the NRA and its affiliates’ spin that all gun laws are unconstitutional and will lead to confiscation. There are 300 million guns in our country; do the math. No one is coming for your guns.”

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Every person is entitled to his or her own opinion, of course, but facts are a different matter.

The passage of New York’s so-called SAFE Act (“Secure Ammunition and Firearms Enforcement Act of 2013”) drastically changed the landscape for lawful gun owners in the Empire State. Besides new restrictions on commonly owned semi-automatic rifles the state calls “assault weapons,” bans on magazines, and limits on the number of rounds that could be loaded into a gun, the Act imposed a requirement that handgun license holders be “recertified” every five years, with all licensees completing the initial recertification by January 31, 2018. The recertification form requires that the licensee disclose his or her “name, date of birth, gender, race, residential address, social security number, [and] firearms possessed by such license holder,” along with the listed identifying details (make, model, caliber, and serial number). (“Firearm” under the applicable New York law means a handgun or other gun of a size which may be concealed upon the person.)

A failure to recertify operates as an automatic revocation of the license. Possession of a “firearm” without a valid license is a criminal offense, and the revocation makes the person ineligible to apply for or renew a license. Once a license is revoked, state law mandates that every gun owned or possessed by the licensee be “surrendered” to a law enforcement agency. A New York State Police field guide on the SAFE Act, prepared by attorneys for the Division of State Police, unequivocally instructs officers that when “a licensee 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.” (Emphasis in the original.)

Should the person fail to comply by turning in every gun, the SAFE Act (codified as NY Penal Law § 400.00(11)(c)) not only authorizes but requires that police officers confiscate such property: the guns “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.”

Once the gun is deemed a “nuisance,” the owner loses the ability to reclaim or legally transfer it. State law directs that nuisance guns be destroyed without the need for a court order or other judicial proceedings, and courts have confirmed that a person has no “legitimate possessory interest” in firearms for which he or she has no license.

The policy of recertification is clear: licensees who fail to comply – by inadvertently missing the deadline, for example – face having all guns, and not just the firearms covered by the license, permanently confiscated by law enforcement officers. Far from being overblown hyperbole, describing the recertification law as “the camel’s nose in the tent of gun confiscation” is not only accurate but arguably, an unduly benign portrayal of a grossly disproportionate regime to enforce recertification through mandatory surrender, police seizure, and destruction of otherwise legal property.
NRA-ILA | Fake News on Gun Confiscation

 

[thegatman]

OOOPs sounds like confiscation to me. Because if I am a legitimate gun owner with a valid pistol permit, I could lose all my guns because of another paper hoop I have to jump through. HMMMM

 

[Exonautic]

That entire nuisance portion in the second post reeks of infringement of due process. New York is so fucked. I cant wait to get out of it.

 

[livingston]

How many folks in NY State will miss the deadline to recertify their handguns
If your permit was issued before January 15, 2013, the deadline to submit your recertification is January 31, 2018.


1000, 5000 on this go round and next year the state will have another go at it... Will they remind you next year like this one .... or the year after.. na ... In the year 2020 one morning some folks will wake from their slumber with a State trooper standing there ... or perhaps 5 or 6 swat folks .. ... You forgot to recertify ... We are here to collect anything firearm related ...Rangefinders ,scopes, everything... Oh about that swat team ..... Let one person in NY State get upset and shoot at a LEO over this .....What are the chances of NOT having a swat team collecting your firearms .

 

[Defilade]

Why do I need a permit for a Right? Anyone answer that? There should be NO permits! period! No background checks, nothing! I can run over you with my car, strangle you, stab you. The list is endless.

 

[nortatoga]

FindLaw's United States Supreme Court case and opinions.

 

[Deplorable Me]

Yawn. Paperwork still sitting on my desk.

 

[Modean]

The NY-SAFE Act, perhaps the most widely discussed and debated law in New York state's modern history, was enacted by a large bipartisan vote of the state Legislature and signed into law by Gov. Andrew Cuomo in 2013. It has been a hot-button topic for gun owners and activists since that time.


Personally, I am more concerned about my taxes, family health care and quality education for my children. But now, after five years, handgun owners are now "up in arms" again over the fact that they have to recertify that they are eligible, under law, to possess a handgun.
By the way, I am a gun owner, handgun and long gun, but I am fed up with the widespread devastation caused by wanton gun violence and the mindless fealty to the NRA and its affiliates' spin that all gun laws are unconstitutional and will lead to confiscation. There are 300 million guns in our country; do the math. No one is coming for your guns.
Gun recertification a step for safety, not confiscation

Bullspit. It has zero to do with safety, and everything to do about control over the serfs. The guys who commit the "wanton gun violence" don't care about recertification, because they don't have permits to begin with.

 

[Darth]

Personally, I am more concerned about my taxes, family health care and quality education for my children.

Wow, you must be like so enlightened and ahead of the curve. Good for youuuuuuuu.

You're just in the wrong state for any off that stuff to be relevant.

 

[MuttCat]

This morning I opened an email from SCOPE that spoke about the upcoming election of at-large directors. My thoughts then went to SCOPE, NYSRPA and recertification and all the crap in general with this state. I also just got a renewal request from NYSRPA, addressed to me as a "former" member, which I am. I just visited the associations website...nothing new about the Safe Act lawsuit or any press releases since sometime in 2015...maybe I'm a bit off...didn't make a study of it. But I'm not likely to renew after this observation.

I too have been poking around the web exploring places to move to. New Hampshire and Idaho are appealing. I've no confidence in anything improving here. Anybody ever been to Idaho?

 

[nortatoga]

Wow, you must be like so enlightened and ahead of the curve. Good for youuuuuuuu.

You're just in the wrong state for any off that stuff to be relevant.

That quote was from the article.

 

[Darth]

That quote was from the article.

I'm aware.

 

[Steal2B]

Rick Fuller is a princess andrew admirer and a social justice keyboard warrior who has cut and pasted some other pro SAFE act and princess Andy praise pieces for pro state propaganda publication. FURF upos

 

[Cavalry]

If its all about gun safety then why have it every 5 years? If someone is convicted of a crime the day after they recertify and the local judge doesn't revoke, it will be 5 years before anyone catches on.

 

[nortatoga]

This part of the Safe-Act was not going away even if the case made to the SCOTUS!

Three Counties and NYC have RENEWABLE LICENSES already! ( And yes I think this will eventually become a Renewable license state wide) And most other States have Renewable license now!

I'm not posting this link about the FEE's charged just to point out there is precedent for Renewable licenses!

STATE COMPARISON OF GUN PERMIT FEES

 

[Exonautic]

This part of the Safe-Act was not going away even if the case made to the SCOTUS!

Three Counties and NYC have RENEWABLE LICENSES already! ( And yes I think this will eventually become a Renewable license state wide) And most other States have Renewable license now!

I'm not posting this link about the FEE's charged just to point out there is precedent for Renewable licenses!

STATE COMPARISON OF GUN PERMIT FEES

I will honestly say i don't care too much about the renewals. Its the fact that there is a permit needed at all just to own them that pisses me off. I genuinely wanted to punch through the glass when the lady at the ppo said it would be around 2 years to get it.

 

[nortatoga]

I will honestly say i don't care too much about the renewals. Its the fact that there is a permit needed at all just to own them that pisses me off. I genuinely wanted to punch through the glass when the lady at the ppo said it would be around 2 years to get it.

Yes I agree! But those are 2 different fights.

 

[ProgSpear]

Substitute guns for cigarettes. Stupid bastards have learned nothing since "prohibition".

https://nypost.com/2018/01/01/nys-futile-fight-against-illegal-cigarettes/

 

[Deplorable Me]

How many people killed by privately owned firearms over the last century? What % of those were actual legal gun owners?

How many people killed by bad government over the last century?

Up your ass Rick Fuller, professional DNC progressive shill and quisling.

I vote LIBERTY;

 

[Dr. Evil]

I like to read articles backwards. As soon as I see comments like, "By the way, I'm a gun owner" I stop reading. Fuck him.

 

[Catskillkid]

From the first article: "We know gun owners talk; I've visited the web sites."

Do we have a mole among us here?

 

[Dr. Evil]

From the first article: "We know gun owners talk; I've visited the web sites."

Do we have a mole among us here?

Yes, we talk. We also eat, work, sleep, take a crap, etc..

 

[Deplorable Me]

 

[Dr. Evil]

 

[Greywolf224]

So let me see if I understand...If I never had a CCW permit there is no way that I can have my long guns confiscated because there is no such thing as re-certification so in essence I can never miss a dead line.
So what does my long guns have to do with the price of tea in China and my CCW permit?

 

[Catskillkid]

So let me see if I understand...If I never had a CCW permit there is no way that I can have my long guns confiscated because there is no such thing as re-certification so in essence I can never miss a dead line.
So what does my long guns have to do with the price of tea in China and my CCW permit?

They know you have handguns (they're on our permit). They don't know (for sure at least) that you have long guns, pistol permit of no. However, if they revoke your permit and come to you house they'll ask you to open up your safe and the law says they can take (aka confiscate) whatever you have.

In a way it's best to never have had a pistol permit. If you get a domestic violence charge (even if it's not legit) or accidentally get "involuntarily" committed the state doesn't know have a record of what long guns you own. They can't seize what they don't know about. In short, the whole thing is one big way to confiscate firearms, regardless of what anyone says about it.

 

[Greywolf224]

In a way it's best to never have had a pistol permit. If you get a domestic violence charge (even if it's not legit) or accidentally get "involuntarily" committed the state doesn't know have a record of what long guns you own. They can't seize what they don't know about. In short, the whole thing is one big way to confiscate firearms, regardless of what anyone says about it.

Having a CCW permit just opens Pandora's box to the corruption.

 

[Jmac00]

Ya have to admire the casual way the left says "no one is coming to confiscate your guns" they sit behind their keyboards and try to blow it off as gun owners are paranoid.

all the while they rub their hands with an evil laugh and think, "it will take time, but we will get the guns. ALL the guns"

 

[Bigfoot]

I like to read articles backwards. As soon as I see comments like, "By the way, I'm a gun owner" I stop reading. Fuck him.

That and also the, "I support the 2A, (but)" I stop reading after that one too.