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Author Topic: I guess I'm heading to prison - Screw the liberal communists - All of Them!  (Read 963 times)
Soul Crusher
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« on: January 03, 2013, 07:04:12 PM »

S1422-2013 Text
 S T A T E O F N E W Y O R K
 
1422
 2013-2014 Regular Sessions
 I N SENATE
 (PREFILED)
 January 9, 2013
 
Introduced by Sen. DIAZ — read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 
AN ACT to amend the penal law, in relation to increasing the penalty for
 the possession, use, or sale of certain firearms and ammunition, the
 definition of assault weapon, and to repeal subdivision 22 of section
 265.00 of the penal law relating to the definition of an assault weap
 on
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:
 
Section 1. Subdivision 22 of section 265.00 of the penal law is
 REPEALED and a new subdivision 22 is added to read as follows:
 
22. “ASSAULT WEAPON” MEANS ANY:
 
(A) SEMI-AUTOMATIC OR PUMP-ACTION RIFLE THAT HAS THE CAPACITY TO
 ACCEPT A DETACHABLE MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
 
(I) A PISTOL GRIP;
 (II) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
 guy HAND;
 (III) A FOLDING OR TELESCOPING STOCK;
 (IV) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
 guy HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT
 ENCLOSES THE BARREL; OR
 (V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR;
 (B) SEMI-AUTOMATIC PISTOL, OR ANY SEMI-AUTOMATIC, CENTERFIRE RIFLE
 WITH A FIXED MAGAZINE, THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN
 ROUNDS OF AMMUNITION;
 (C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
 MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
 
(I) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
 guy HAND;
 EXPLANATION—Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05841-02-3
 
S. 1422 2
 (II) A FOLDING OR TELESCOPING STOCK;
 (III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
 ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
 guy HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT
 ENCLOSES THE BARREL;
 (IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR
 (V) THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AT ANY LOCATION
 OUTSIDE OF THE PISTOL GRIP;
 (D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING:
 
(I) A PISTOL GRIP OR A VERTICAL HANDGRIP;
 (II) A FOLDING OR TELESCOPING STOCK;
 (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR
 (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE;
 (E) SHOTGUN WITH A REVOLVING CYLINDER;
 (F) GRENADE LAUNCHER;
 (G) CONVERSION KIT, PART, OR COMBINATION OR PARTS, FROM WHICH AN
 ASSAULT WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR
 UNDER THE CONTROL OF THE SAME PERSON; OR
 (H) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES, DETERMINED BY
 RULES AND REGULATIONS OF THE SUPERINTENDENT OF STATE POLICE TO BE
 PARTICULARLY SUITABLE FOR MILITARY AND NOT SPORTING PURPOSES. IN ADDI
 TION, THE SUPERINTENDENT OF STATE POLICE SHALL, BY RULES AND REGU
 LATIONS, DESIGNATE SPECIFIC SEMIAUTOMATIC CENTERFIRE OR RIMFIRE RIFLES
 OR SEMIAUTOMATIC SHOTGUNS, IDENTIFIED BY MAKE, MODEL AND MANUFACTURER’S
 NAME, TO BE WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPERINTEN
 DENT OF STATE POLICE DETERMINES THAT SUCH WEAPONS ARE PARTICULARLY SUIT
 ABLE FOR MILITARY AND NOT SPORTING PURPOSES. A LIST OF ASSAULT WEAPONS,
 AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, SHALL BE MADE
 AVAILABLE ON A REGULAR BASIS TO THE GENERAL PUBLIC.
 PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS
 BEEN RENDERED PERMANENTLY INOPERABLE.
 
S 2.
 
Section 265.00 of the penal law is amended by adding three new
 subdivisions 24, 25 and 26 to read as follows:
 
24. “DETACHABLE MAGAZINE” MEANS ANY AMMUNITION FEEDING DEVICE, THE
 FUNCTION OF WHICH IS TO DELIVER ONE OR MORE AMMUNITION CARTRIDGES INTO
 THE FIRING CHAMBER, WHICH CAN BE REMOVED FROM THE FIREARM WITHOUT THE
 USE OF ANY TOOL, INCLUDING A BULLET OR AMMUNITION CARTRIDGE.
 25. “MUZZLE BRAKE” MEANS A DEVICE ATTACHED TO THE MUZZLE OF A WEAPON
 THAT UTILIZES ESCAPING GAS TO REDUCE RECOIL.
 26. “MUZZLE COMPENSATOR” MEANS A DEVICE ATTACHED TO THE MUZZLE OF A
 WEAPON THAT UTILIZES ESCAPING GAS TO CONTROL MUZZLE MOVEMENT.
 
S 3.
 
Section 265.20 of the penal law is amended by adding a new subdi
 vision e to read as follows:
 
E. POSSESSION OF AN ASSAULT WEAPON ON PROPERTY OWNED OR IMMEDIATELY
 CONTROLLED BY THE PERSON, OR WHILE ON THE PREMISES OF A LICENSED
 GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL
 USE OF THE ASSAULT WEAPON AT A DULY LICENSED FIRING RANGE, OR WHILE
 TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED
 SUCH WEAPON PRIOR TO JANUARY FIRST, TWO THOUSAND FOURTEEN AND WHO, PRIOR
 TO APRIL FIRST, TWO THOUSAND FOURTEEN:
 
1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR
 2. SURRENDERS THE ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT
 AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI
 SION A OF THIS SECTION.
 
S 4. Subdivision 23 of section 265.00 of the penal law, as added by
 chapter 189 of the laws of 2000, is amended to read as follows:
 
S. 1422 3
 23. “Large capacity ammunition feeding device” means a magazine, belt,
 drum, feed strip, or similar device[, manufactured after September thir-
 teenth, nineteen hundred ninety-four,] that has a capacity of, or that
 can be readily restored or converted to accept, more than ten rounds of
 ammunition; provided, however, that such term does not include an
 attached tubular device designed to accept, and capable of operating
 only with, .22 caliber rimfire ammunition.
 
S 5.
 
Section 265.02 of the penal law, as amended by chapter 764 of the
 laws of 2005, is amended to read as follows:
 
S 265.02 Criminal possession of a weapon in the third degree.
 A person is guilty of criminal possession of a weapon in the third
 degree when:
 
(1) Such person commits the crime of criminal possession of a weapon
 in the fourth degree as defined in subdivision one, two, three or five
 of section 265.01, and has been previously convicted of any crime; or
 (2) Such person possesses any explosive or incendiary bomb, bombshell,
 firearm silencer, machine-gun or any other firearm or weapon simulating
 a machine-gun and which is adaptable for such use; or
 (3) Such person knowingly possesses a machine-gun, firearm, rifle or
 shotgun which has been defaced for the purpose of concealment or
 prevention of the detection of a crime or misrepresenting the identity
 of such machine-gun, firearm, rifle or shotgun; or
 (5) (i) Such person possesses three or more firearms; or (ii) such
 person possesses a firearm and has been previously convicted of a felony
 or a class A misdemeanor defined in this chapter within the five years
 immediately preceding the commission of the offense and such possession
 did not take place in the person’s home or place of business; or
 (6) Such person knowingly possesses any disguised gun[; or
 (7) Such person possesses an assault weapon; or
 (Cool Such person possesses a large capacity ammunition feeding device].
 Criminal possession of a weapon in the third degree is a class D felo
 ny.
 
S 6.
 
Section 265.04 of the penal law, as amended by chapter 764 of the
 laws of 2005, is amended to read as follows:
 
S 265.04 Criminal possession of a weapon in the first degree.
 A person is guilty of criminal possession of a weapon in the first
 degree when such person:
 
(1) possesses any explosive substance with intent to use the same
 unlawfully against the person or property of another; or
 (2) possesses ten or more firearms; OR
 (3) POSSESSES AN ASSAULT WEAPON; OR
 (4) POSSESSES A LARGE CAPACITY AMMUNITION FEEDING DEVICE.
 Criminal possession of a weapon in the first degree is a class B felo
 ny.
 
S 7. The penal law is amended by adding two new sections 265.45 and
 265.46 to read as follows:
 
S 265.45 UNLAWFUL POSSESSION OF A FIREARM UPON SCHOOL GROUNDS IN THE
 SECOND DEGREE.
 IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY POSSESS ANY FIREARM
 IN OR UPON A BUILDING OR GROUNDS, USED FOR EDUCATIONAL PURPOSES, OF ANY
 SCHOOL, COLLEGE OR UNIVERSITY, WITHOUT THE WRITTEN AUTHORIZATION OF SUCH
 EDUCATIONAL INSTITUTION.
 UNLAWFUL POSSESSION OF A WEAPON UPON SCHOOL GROUNDS IN THE SECOND
 DEGREE IS A CLASS C FELONY.
 
S 265.46 UNLAWFUL POSSESSION OF A FIREARM UPON SCHOOL GROUNDS IN THE
 FIRST DEGREE.
 
S. 1422 4
 IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY POSSESS AN ASSAULT
 WEAPON, LARGE CAPACITY AMMUNITION FEEDING DEVICE OR DETACHABLE MAGAZINE
 IN OR UPON A BUILDING OR GROUNDS, USED FOR EDUCATIONAL PURPOSES, OF ANY
 SCHOOL, COLLEGE OR UNIVERSITY, WITHOUT THE WRITTEN AUTHORIZATION OF SUCH
 EDUCATIONAL INSTITUTION.
 UNLAWFUL POSSESSION OF A WEAPON UPON SCHOOL GROUNDS IN THE FIRST
 DEGREE IS A CLASS B FELONY.
 
S 8. The closing paragraph of section 265.08 of the penal law, as
 added by chapter 233 of the laws of 1980, is amended to read as follows:
 
Criminal use of a firearm in the second degree is a class [C] B felo
 ny.
 
S 9. The closing paragraph of subdivision 1 and subdivision 2 of
 section 265.09 of the penal law, the closing paragraph of subdivision 1
 as amended and subdivision 2 as added by chapter 650 of the laws of
 1996, are amended to read as follows:
 
Criminal use of a firearm in the first degree is a class A felony.
 (2) Sentencing. Notwithstanding any other provision of law to the
 contrary, when a person is convicted of criminal use of a firearm in the
 first degree as defined in subdivision one of this section, the court
 shall impose an additional consecutive sentence [of five years] to the
 minimum term of an indeterminate sentence imposed on the underlying
 class B violent felony offense where the person convicted of such crime
 displays a loaded weapon from which a shot, readily capable of producing
 death or other serious injury may be discharged, in furtherance of the
 commission of such crime, provided, however, that such additional
 sentence shall not be imposed if the court, having regard to the nature
 and circumstances of the crime and to the history and character of the
 defendant, finds on the record that such additional consecutive sentence
 would be unduly harsh and that not imposing such sentence would be
 consistent with the public safety and would not deprecate the serious
 ness of the crime. Notwithstanding any other provision of law to the
 contrary, the aggregate of the [five year] consecutive term imposed
 pursuant to this subdivision and the minimum term of the indeterminate
 sentence imposed on the underlying class B violent felony shall consti
 tute the new aggregate minimum term of imprisonment, and a person
 subject to such term shall be required to serve the entire aggregate
 minimum term and shall not be eligible for release on parole or condi
 tional release during such term. This subdivision shall not apply where
 the defendant’s criminal liability for displaying a loaded weapon from
 which a shot, readily capable of producing death or other serious injury
 may be discharged, in furtherance of the commission of crime is based on
 the conduct of another pursuant to section 20.00 of the penal law.
 
S 10. The closing paragraph of section 265.11 of the penal law, as
 amended by chapter 764 of the laws of 2005, is amended to read as
 follows:
 
Criminal sale of a firearm in the third degree is a class [D] C felo
 ny.
 
S 11. The closing paragraph of section 265.12 of the penal law, as
 amended by chapter 764 of the laws of 2005, is amended to read as
 follows:
 
Criminal sale of a firearm in the second degree is a class [C] B felo
 ny.
 
S 12. The closing paragraph of section 265.13 of the penal law, as
 amended by chapter 764 of the laws of 2005, is amended to read as
 follows:
 
S. 1422 5
 Criminal sale of a firearm in the first degree is a class A felo
 ny.
 
S 13. Severability. If any provision or term of this act is for any
 reason declared unconstitutional or invalid or ineffective by any court
 of competent jurisdiction, such decision shall not affect the validity
 or the effectiveness of the remaining portions of this act or any part
 thereof.
 
S 14. This act shall take effect immediately.
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Soul Crusher
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Getbig V
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« Reply #1 on: January 03, 2013, 07:51:45 PM »

He is a member of the Democratic Party

you fail again


as well as a member of the New Party. 
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Straw Man
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« Reply #2 on: January 03, 2013, 07:53:40 PM »


as well as a member of the New Party. 

LOL - you mean when he ran for State Senator as a member of the Democratic Party ?
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LurkerNoMore
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« Reply #3 on: January 03, 2013, 08:10:31 PM »

Or that dumb ass Palin being a member of the separatist movement?

Oh yeah.... still waiting for West to unveil the 80+ communists in the Dem party. How's that going as well?
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Soul Crusher
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« Reply #4 on: January 03, 2013, 08:10:57 PM »

<a href="http://www.youtube.com/watch?v=wi3J3qHImeY" target="_blank">http://www.youtube.com/watch?v=wi3J3qHImeY</a>
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JBGRAY
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« Reply #5 on: January 04, 2013, 01:19:00 AM »

And if(when to many folks) they do come for your guns, what would you do?  Shoot them?  Likely, they'd be police officers and better armed and trained than you.  Failing that, I'm sure your handguns would do a lot of good against Predator Drones, tanks, and Tomahawk missiles.

Why don't you move to the south or Texas?  You'd be happier there, and would likely be better for your blood pressure.  "Standing" your ground is admirable, but a losing battle.
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garebear
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« Reply #6 on: January 04, 2013, 03:41:30 AM »

“Once upon a time, America was a shining beacon. Then liberals came along and erected an enormous federal bureaucracy that handcuffed the invisible hand of the free market. They subverted our traditional American values and opposed God and faith at every step of the way.” For example, “instead of requiring that people work for a living, they siphoned money from hard-working Americans and gave it to Cadillac-driving drug addicts and welfare queens.” Instead of the “traditional American values of family, fidelity and personal responsibility, they preached promiscuity, premarital sex and the gay lifestyle” and instead of “projecting strength to those who would do evil around the world, they cut military budgets, disrespected our soldiers in uniform and burned our flag.” In response, “Americans decided to take their country back from those who sought to undermine it.”
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G
Soul Crusher
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« Reply #7 on: January 04, 2013, 03:48:27 AM »

And if(when to many folks) they do come for your guns, what would you do?  Shoot them?  Likely, they'd be police officers and better armed and trained than you.  Failing that, I'm sure your handguns would do a lot of good against Predator Drones, tanks, and Tomahawk missiles.

Why don't you move to the south or Texas?  You'd be happier there, and would likely be better for your blood pressure.  "Standing" your ground is admirable, but a losing battle.

Let em get a warrant
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WOOO
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« Reply #8 on: January 04, 2013, 04:46:24 AM »

“Once upon a time, America was a shining beacon. Then liberals came along and erected an enormous federal bureaucracy that handcuffed the invisible hand of the free market. They subverted our traditional American values and opposed God and faith at every step of the way.” For example, “instead of requiring that people work for a living, they siphoned money from hard-working Americans and gave it to Cadillac-driving drug addicts and welfare queens.” Instead of the “traditional American values of family, fidelity and personal responsibility, they preached promiscuity, premarital sex and the gay lifestyle” and instead of “projecting strength to those who would do evil around the world, they cut military budgets, disrespected our soldiers in uniform and burned our flag.” In response, “Americans decided to take their country back from those who sought to undermine it.”

funny
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Hugo Chavez
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Getbig V
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« Reply #9 on: January 05, 2013, 05:54:53 AM »

And if(when to many folks) they do come for your guns, what would you do?  Shoot them?  Likely, they'd be police officers and better armed and trained than you.  Failing that, I'm sure your handguns would do a lot of good against Predator Drones, tanks, and Tomahawk missiles.

Why don't you move to the south or Texas?  You'd be happier there, and would likely be better for your blood pressure.  "Standing" your ground is admirable, but a losing battle.
You're more likely to cause a civil war with that and don't think portions of the government and military won't split on it too.  If all hell breaks loose taking guns, that's what will more than likely happen.
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Soul Crusher
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« Reply #10 on: January 05, 2013, 06:01:58 AM »

You're more likely to cause a civil war with that and don't think portions of the government and military won't split on it too.  If all hell breaks loose taking guns, that's what will more than likely happen.


Yup.  And after a few dozen law enforcement are killed by people who refuse to give them up - how many will refuse to go into houses? 
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Hugo Chavez
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« Reply #11 on: January 05, 2013, 06:49:36 AM »


Yup.  And after a few dozen law enforcement are killed by people who refuse to give them up - how many will refuse to go into houses?  
Not a good point.  A majority of law enforcement are former military and they've spent the last decade and a half militarizing the police in America.  The police will go in.  Plus when this goes down they'll be backed by DHS and there will be a national strategic game plan.  But even with all that, what I said could be true.  There could easly be a real split in government/military over something like this happening and then shit would be screwed..  A lot of Americans take this constitutional right very serious and they are everywhere.
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Jack T. Cross
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« Reply #12 on: January 05, 2013, 12:30:23 PM »

Always force the opposition take the extra step.  The idea is to cause everyone to reveal themselves. 

If you are truly in the right, the opposing force will be clearly shown as being in the wrong.

That's why you must ALWAYS stand for good, and for individual rights, and never back down.
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tu_holmes
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« Reply #13 on: January 05, 2013, 12:37:03 PM »

Always force the opposition take the extra step.  The idea is to cause everyone to reveal themselves. 

If you are truly in the right, the opposing force will be clearly shown as being in the wrong.

That's why you must ALWAYS stand for good, and for individual rights, and never back down.



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Jack T. Cross
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« Reply #14 on: January 05, 2013, 01:15:59 PM »





Man, that's a great one, Tu.

It's so fucked that it has to be a fight for the minds of people who only follow the path of least resistance.  Really gives an insecure feeling.
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tu_holmes
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« Reply #15 on: January 05, 2013, 01:21:05 PM »

Man, that's a great one, Tu.

It's so fucked that it has to be a fight for the minds of people who only follow the path of least resistance.  Really gives an insecure feeling.
It is... I can't lie... When I first read this, I choked up a little bit.

I try to live this EVERY day... It's not easy, but you have to stick to your guns.
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