Semi auto rifle license law passed and headed to governor

[Grimscale]

Not quite.

If they passed this law today and then arrested everyone who owned a semi-auto prior to today... that would fall under the ex-post facto definition. Thats not the case here. They're simply Banning sales of semis going forward. Unconstitutional no-less, but not ex-post facto by definition.

So, like their removal of the grandfathering for standard capacity magazines?

 

[Grimscale]

Need that to be on a federal level first.

Why?
The best way to put out a fire is to stamp it out, HARD, when it is still an ember.

 

[Deplorable Me]

I can see a serious delay in Pistol permit transactions now that the same agencies will be processing rifle transactions. Probably be waiting a lot longer. I am sure this is part of the plan as well.

Yes but with microstamping there will be no handguns to sell.

 

[kaliber]

And this cunt is going to top safe act 1.

Yes, I said Cunt.

 

[whatupbo]

Yes but with microstamping there will be no handguns to sell.

Only revolvers and used pistols made before the law went into effect, if micro stamping is certified by whatever agency is looking into it, then this will likely be the outcome .

 

[Bananabandit]

What about if you already have a pistol permit and obviously have a semi-auto pistol? You need yet another permit for a long gun semi-auto??

This shit don't make any sense!

Just move to NY, did ya?

 

[ManualF150]

Just move to NY, did ya?

Nope... Born and raised here all my life, same plot of taxable land........

 

[Tisto]

Guys, just think of their unintended positive of the law.
With the license, the federal school gun free zone no longer applies. The state law still applies however.

Care to explain how you come to that conclusion, and just how it would affect anything ?

 

[dwa12479]

So, like their removal of the grandfathering for standard capacity magazines?

If they remove the grandfathering of mags and then immediately arrest you for having purchased or possessed them when they were legal to own, that's the definition of ex-post facto. They would have to give you the option to keep it, turn it in, sell it... something.

 

[shootemup]

SOOO.............90 days out rifle licensing goes into effect. So say on day 95 someone is shooting with a PREVIOUSLY owned rifle from a year back, and is approached by leo . If they ask if you have a rifle license and you tell them no, this was bought way before the new law.

a) How do you prove when you bought it if the receipt was lost (but you know where you bought it)

b) Is the burden of proof on you or the leo?

 

[gun_slinger_boy]

SOOO.............90 days out rifle licensing goes into effect. So say on day 95 someone is shooting with a PREVIOUSLY owned rifle from a year back, and is approached by leo . If they ask if you have a rifle license and you tell them no, this was bought way before the new law.

a) How do you prove when you bought it if the receipt was lost (but you know where you bought it)

b) Is the burden of proof on you or the leo?

You'd have to track it by serial number and manufacturer. And make no mistake all that will have to be done by you on your dime. That being said the burden of proof is on the state. The police are just there to enforce the law. So even though the state is making the claim and has the burden of proof your ass is the one on the line trying to disprove a negative. A fucked up system for sure.

 

[Jem45472]

You'd have to track it by serial number and manufacturer. And make no mistake all that will have to be done by you on your dime. That being said the burden of proof is on the state. The police are just there to enforce the law. So even though the state is making the claim and has the burden of proof your ass is the one on the line trying to disprove a negative. A fucked up system for sure.

While Leo is holding your rifle for you, no doubt.

 

[shootemup]

You'd have to track it by serial number and manufacturer. And make no mistake all that will have to be done by you on your dime. That being said the burden of proof is on the state. The police are just there to enforce the law. So even though the state is making the claim and has the burden of proof your ass is the one on the line trying to disprove a negative. A fucked up system for sure.

So I'm thinking that having a copy of the 4473 that has BOTH serial number and date would be a good thing to obtain?

 

[redtail]

They could just look it up in the (cough) registry that doesn't exist.

 

[Cavalry]

The cost of storage for that amount of video would be enough to put a lot of ffls out of business.

As of yet there is no standard of quality for the video. I would record in 144p, it's like 1.5 years 24/7 in a tb. Fuck them.

 

[Dunedain Ranger]

Wow, this is insanity. I never thought i would say this, but i am so glad i am licensed and permitted in New Jersey. Not that Jersey is much better, at least compared to other states, but it is def better than NY state. This is craziness.

Its the fu@king City dictating how the whole state should be. Meanwhile, most of NY state is VERY rural. I know, as i own 27 acres of the most rural, hidden, and wooded property as far as your eyes can see, and its 85 miles outside of Manhattan. Its insane really.

 

[Bigfoot]

Man, what a confusing mess this is going to be.

Just. Like. The. Last. Time.

That vile fucking woman FUKH is worse than FAUC.
Not that I am surprised by this. She knows she has to be left of Cuomo to secure the NYC vote.

FUKH has always been a political whore.

 

[Bigfoot]

Next up will be the pumps and lever actions.
They know this, it's already in their playbook.
They're just waiting for the next big one.

These laws will do nothing but hamstring the law-abiding people.
They know this, They don't care. This isn't about public safety.

Remember, the same people behind these gun people control laws are the same people responsible for the "bail reform law." How fucked up is that?

 

[Phazer]

SOOO.............90 days out rifle licensing goes into effect. So say on day 95 someone is shooting with a PREVIOUSLY owned rifle from a year back, and is approached by leo . If they ask if you have a rifle license and you tell them no, this was bought way before the new law.

a) How do you prove when you bought it if the receipt was lost (but you know where you bought it)

b) Is the burden of proof on you or the leo?

No reason for LEO to ask for a permit.

Rifle permit is to purchase and "take possession of" a rifle. If you're in possession of a rifle, there is no probable cause reason to believe you are not in compliance with the law.

 

[ArmedCorgi]

No reason for LEO to ask for a permit.

Rifle permit is to purchase and "take possession of" a rifle. If you're in possession of a rifle, there is no probable cause reason to believe you are not in compliance with the law.

For now. They are going to turn this long gun permit into something like an FOID card. Watch.

 

[Phazer]

For now. They are going to turn this long gun permit into something like an FOID card. Watch.

Still wouldn't have to show it to some random LEO at a range just because he's nosey.

 

[spat]

Ex post facto is most typically used to refer to a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the United States Constitution prohibit ex post facto laws:

1. Art 1, § 9
   1. This prohibits Congress from passing any laws which apply ex post facto.
2. Art. 1 § 10.
   1. This prohibits the states from passing any laws which apply ex post facto.

ex post facto

www.law.cornell.edu

Article 1 Section 10.​

No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.


This is criminal and a clear violation of the constitution.


The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be In agreement. It is impossible for both the Constitution and a law violating it to be valid; Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it..No one Is bound to obey an unconstitutional law and no courts are bound to enforce it.16 Am Jur 2d, Sec 177 late 2d, Sec 256:

Technically ex post facto just means you can't criminalize behavior prior to the passage of the law.

Possession is an ongoing thing.

So a law that outlawed having ever owned a gun would be ex post facto. As would a law that outlawed having bought one before the law was passed.

But a law that says possession is illegal can outlaw any possession after the day it is signed I to law, regardless of when that possession began.

Now, there are a dozen ways In which such a law is unconstitutional, but ex post facto isn't one of them.

 

[spat]

If they remove the grandfathering of mags and then immediately arrest you for having purchased or possessed them when they were legal to own, that's the definition of ex-post facto. They would have to give you the option to keep it, turn it in, sell it... something.

No, because you still possess them after the law takes effect.

Your argument would be like saying an abortion doctor can keep doing late term abortions after they are outlawed because he did them before.

 

[Truebeliever]

Care to explain how you come to that conclusion, and just how it would affect anything ?

A permit issued by the state of each the school is in negates the federal school gun free zones. It’s one of the exceptions in the law

 

[spat]

No reason for LEO to ask for a permit.

Rifle permit is to purchase and "take possession of" a rifle. If you're in possession of a rifle, there is no probable cause reason to believe you are not in compliance with the law.

No probable cause to assume the full featured AR the guy has at the public range isn't properly registered too.

And nothing in the law that requires the owner to carry or provide such documentation absent a warrant either.

Claiming that seeing a guy with an AW is probable cause it is unregistered is tacit admission that most of them aren't.

 

[GTN]

So…
What the law about a Ny resident buying a long gun in another state and bringing it back home?
Just asking for a friend

 

[nortatoga]

So…
What the law about a Ny resident buying a long gun in another state and bringing it back home?
Just asking for a friend

 

[That_FNG]

I kinda wish it included semiauto shotguns. It would finally piss off the hunters and clay shooters

So what if every AR15 sold in this state had a 410 shotgun upper installed on it. Then after you pass background check and take delivery you can sell back the 410 upper and exchange it free of charge for a rifle caliber upper?

 

[thegatman]

Imagine all the 10/22’s out there that will be illegal.

 

[knuts]

So what if every AR15 sold in this state had a 410 shotgun upper installed on it. Then after you pass background check and take delivery you can sell back the 410 upper and exchange it free of charge for a rifle caliber upper?