I believe that the following belongs on the general board for all to see. This is not a MISFIRES topic. This is about our ability to own sporting guns. Its technical, not political.
If you own a Remington 870, Browning A5 or other pump or semi auto shotgun that you use to duck hunt, shoot sporting clays, trap, skeet etc. read on.
For those on this board that still dot understand the assault on our firearms rights. For those of you who don’t like black guns, who don’t like anything but “traditional hunting guns”. For those of you who don’t see the big deal in some “reasonable restrictions” that are put in place to “protect the children”.
The following is from NYS Penal Law. Read it then see my comments. N.Y. PEN. LAW § 265.00 : NY Code - Section 265.00: Definitions - See more at:
http://codes.lp.findlaw.com/nycode/PEN/THREE/P/265/265.00#sthash.OQqDz20H.dpuf Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, manufactured after September thirteenth, 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 (since changed to 7 rounds when the SAFE Act was passed) ; 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. - See more at:
http://codes.lp.findlaw.com/nycode/PEN/THREE/P/265/265.00#sthash.OQqDz20H.dpufThe SAFE Act dropped that to 7 rounds total in the tube. Even though the District Court in Western NY ruled that arbitrary, the State Attorney general interpreted that to mean that the court ruling only applied to the counties within the district that the court covered, not the entire state. There is now conflict between the NY AG office and the NY State Police who stated that they will not enforce the 7 rd limit in any part of the state.
Benign you say. Who needs more than 5 rounds anyway?
What this law does is in effect ban Remington 870, Browning A5, Remington 1100/11-87, Winchester 1300, Remington Model 11 and any similar shotgun that has a tubular magazine regardless of its current capacity because anyone of those tubular feed magazines is “readily convertible” to hold more than 5 rounds . Readily convertible means no tools and any one of the above mentioned “traditional” shotguns only needs a simple twist off of the magazine cap and the addition of a magazine extension and it has been readily converted.
Note that the law says "readily converted"; you don't have to actually convert it, possession of the firearm in unconverted condition is illegal under the law. And if you ask law enforcement or politicians about this, they look at you like you are speaking mandarin Chinese; they don’t have a clue. And who here wants to rely on a clueless LE or Politico when your butt is about to be arrested?
The second issue stems from the use of short shells; 1.5” Aquilas which are available through normal commercial channels and in a Remington 870 with standard capacity allow it to hold more than 7 of these without the addition of a magazine extension.
The naysayers will be saying “who would enforce that, no one would arrest you for that”. Well, they said that about the SAFE Act here in NY and the day it went into effect, they made arrests for violations by unknowing gun owners.
And to counter those who say “that’s a minor technicality that wont hold up”; that same judge ruled that the “muzzle break” eliminated by the SAFE act is actually null and void since a “muzzle break” doesn’t exist. A muzzle brake does but not a break. One letter in one word voided that. So don’t think that a minor technical detail wont go against you either.
So the next time one of the left leaning members talks about “reasonable laws” or not caring about those evil looking guns etc. let them explain how your 870 is now illegal under the law of NYS.
The bottom line is that the SAFE Act is another attempt by the government (republicans and democrats in NY) to disarm law abiding citizens.
Yes Republicans also because if the NYS Senate Majority Leader Dean Skelos (Republican) didn’t strong arm all of the Republican Senators in that late night signing, it wouldn’t have happened.
As they say, the devil is in the details.