Bob Owens

The saddest truth in politics is that people get the leaders they deserve

Oops. Were there not LEO magazine exemptions in the rushed NY SAFE Act?

Written By: Bob - Jan• 17•13

As he rushed through a draconian gun control law that neither he nor the legislature in New York had time to read before they voted in favor of it and signed it into law, Governor Andrew Cuomo arrogantly said:

“Common sense can win. You can overpower the extremists with intelligence and with reason and with common sense.”

Well, according to a read this morning in the comments of another post, Governor “Common Sense” did not put any obvious law enforcement officer exceptions into his hastily rushed through bill.

As a result, at least one Federal Firearms Licensee has refused to allow police officers who have purchased guns to have the magazines that come with them, because those factory standard magazines hold more than seven rounds. The FFL fears selling the guns he has with the magazines they came with would be breaking the law, even when the purchasers are cops, because there are no clear provisions in the bill allowing a police exception to the ban.

Now, New York’s boys in blue would seem to presumably be exempted by other related statutes, and if they aren’t then one will be quickly hacked together, but this anecdote serves to show the danger of rushing emotionally-driven, politically opportunistic legislation. People are stupid, and are never more stupid than when emotional and irrational.

Governor “Common Sense” Cuomo is a stumbling, bumbling example of the kind of person emotionally unsuited for high office, a fact the flaws in the draconian SAFE Act will show over time as unintended consequences catch up to bad legislation.

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33 Comments

  1. emdfl says:

    Oh yes heaven forbid that our “betters” are bound by the same laws as the hoi poloi.

    • John Kcypinski says:

      You’re a complete idiot. Please do not waste my oxygen by breathing it for your own survival.

  2. tony says:

    Another nice post. Me and my dad were discussing this last night, that there didn’t appear to be exceptions for anyone in there, and we wondered if that was going to apply to the LEO’s and others out there as well. Thank you Bob

  3. AaronW says:

    I was just at my favorite LGS last night (Westchester County, NY). Dealer was selling guns to local cops, but had to hold onto their magazines.
    He was also unable to sell ammo to anyone, and when he sought guidance from the NY State Police, he got a recording saying that “if you’re calling about the new AWB, we can’t help you right now.”

    • Rob Crawford says:

      So as long as they drag their feet on the system to check for ammo sales, they have a de facto ban on ammunition sales?!

      • Ali_Gator says:

        There are plenty od dealers in Pennsylvania who would be happy to fill the orders. IF they still have anything in stock.

        I don’t think Gov. Whizbang has a plan to deal with that.

      • Bill says:

        @Ali_Gator:

        I’ve been wondring if Pennsylvania dealers are allowed to sell, for example, an M1A with a ten round magazine to a NYS license.

        Can anyone weigh in on this?

      • MattW says:

        @Bill

        First a disclaimer, consult a lawyer if you are an non-NY FFL or a resident of NY planning to try this.

        I would assume, if a FFL is not a resident of NY or doing business in NY he can sell to whoever he wants (in person) without being subject to CRIMINAL liability in NY. That would not preclude him from facing civil action by the state of NY, or from increased scrutiny from the ATF.

        If I were a NY resident, I would not try that, because the law is on possession, not just sale/transfer).

      • Bill says:

        @MattW:

        Thanks for the reply. The assumption I’m working under is that I can’t.

        I’m wondering, since the firearm itself is legal, but the magazine required does not exist yet (that I know of) will an FFl sell the firearm to me without the magazine so I build my own?

        I know this is a question for attorneys, but the ones I’m talking to are so busy trying to find things to challenge this on I don’t think anyone’s looking at practical matters.

        I think about 40% of the stock I saw at the local store is now invalid for them to sell.

        To anyone

        What’s a good price for (I think it was an Enfield) in 30-06? They wanted 700 for it. That’s the only thing anyone seems to have plenty of, and ammo for. Expensive rounds, but still…

      • thebronze says:

        @ Bill:

        The PA FFL would have to ship it to a NY FFL. Per Federal law, a person can’t by a firearm from out of state, unless it goes through an FFL.

        Basically you have to buy firearms from within your own state, unless you go through an FFL.

      • Bill says:

        @TheBronze

        Thank you. I’m guessing an M1A is right out. These guys SUCK.

      • Joel Stoner says:

        @theBronze

        You just contradicted yourself. You must buy from an FFL, but you do not have to buy from an FFL in your state, you can buy firearms from any state that shares a border with your state, per BATFE regulations. If you buy a firearm in PA you can take it home with you, as long as the FFL complies with both PA and NY laws.

      • Bill says:

        Okay, so the key question here is can I buy the rifle without the magazine?

  4. Ali_Gator says:

    Considering their performance last summer (mowing down innocent bystanders instead of the murderer) I say, give ‘em just one bullet and make them keep it in a shirt pocket!

  5. Drinking Spirits by the Lake says:

    Ahhhh but don’t we see under the dim lite room….

    This was completely done on purpose, LEO’s are as dangerous to their purposes as the common man. The Agents need to start understanding their position at the table is in as much jeopardy as you and I. Just watch and see….

  6. Orion says:

    Aren’t you more likely to be shot by a police officer than by a CHL holder? Like many TIMES more likely?

    Perhaps we should be banning the Police from having firearms (and tanks and body armor and helicopters and other military-style equipment that peace officers have no business possessing!)- If it saves only one child, it’s worth it!

    Orion

    • Ali_Gator says:

      Child!!!???

      If it only saves one innocent dog, standing in his own doorway! I’m not aware that private citizens are at liberty to shoot every dog that barks at them.

  7. MrApple says:

    Hearing this has brought a smile to my lips. Liberal insanity at its most efficient.

  8. Jack says:

    Mario’s boy is insane.

    This is not a joke. Read what he said about “what a governor is supposed to do” when the bill was being rammed through.

    This man is mentally ill, thanks to the way his father raised him. And he owns a gun.

    Worse, he thinks he owns you.

    • Bill says:

      He’s also corrupt as hell. HUD, Dept. Of Law and now this. Do not put any tactic past him.

    • Chas says:

      Cuomo has the mentality of a rapist. He pushed that bill through with no public input or discussion at all. We had no say in it.

  9. Robert says:

    Scratch a liberal, find a fascist. ‘Twas ever so.

    At times other than these, I can stand back and marvel at what psychological cases they are. Far too often for it to be chance, you find liberals and lefties saying the most violent things against people who disagree with them, and then denying that they wish anyone ill-will.

    To coin a phrase, these folks have a really light trigger. Which is just another reason never to trust them.

    • A says:

      I have noticed this as well. The liberals and lefties are quick to anger and threats. The trick is they need the LEO and Military to do the work for them. This is why Oathkeepers and contacting your local Sheriff to find his/her position is important for the future.

      In the meantime, I hope New Yorkers can rally to somehow legally fight this legislation and to insure the traitors who proposed and ‘ayed’ into place are turned into political, financial, business and social pariahs.

  10. Viktor says:

    It seems to me that if an LEO anywhere in New York State would refuse to enforce any of Cuomo’s new “gun control” diktat; then he shouldn’t continue to be an LEO in New York State.

    If, on the other hand, an LEO in the Empire State WOULD enforce such laws; then they should have to enforce them (and all other laws) with a single 5-round magazine.

    Then we’ll see how well they can “overpower” criminals with only their vaunted “intelligence … reason and with common sense.”

  11. LC Scotty says:

    I know the 1994 bill exempted LEO, and since this simply a modification of that law, I would expect that the relevant phrasing was not deleted. I haven’t had time to read/parse the whole thing yet though.

  12. NYPatriot says:

    … Does any of this really matter? They can amend the thing in a day. They can add microstamping. They can really do whatever they want. Next year they will pursue NYC-like bans on handguns. The machine has won in NY. Bankrupt, corrupt, abusive NY state is simply a microcosm of the US. The cancer is spreading more and more every year.

    I certainly respect the remaining Patriots in NY for doing whatever they can to resist … but, in the end, if your name is one one of these registrations, ammo purchase list, licensing lists … you will be rounded up first. Please realize that your are BEHIND

  13. NYPatriot says:

    … Does any of this really matter? They can amend the thing in a day. They can add microstamping. They can really do whatever they want. Next year they will pursue NYC-like bans on handguns. The machine has won in NY. Bankrupt, corrupt, abusive NY state is simply a microcosm of the cancer that is spreading through the US. This cancer has completely overtaken some states, and exists in every state in some fashion … and it is spreading.

    I certainly respect the remaining Patriots in NY for doing whatever they can to resist … but, in the end, if your name is one one of these registrations, ammo purchase list, licensing lists … you will be rounded up first. Please realize that your are BEHIND ENEMY LINES and behave accordingly. Full OPSEC is the standing order.

  14. JasonC says:

    If they do put in a law enforcement officer exemption, it is unconstitutional twice – it violates the 2nd amendment and also the equal protection clause.

    Police officers are not a privileged class of nobles above the laws that apply to the rest of us. They are subject to exactly the same laws. In addition, we as citizens have the right to enforce all of the laws, by citizen’s arrest, when we see them being violated.

    The entire mental model of the left, of a class of state agents empowered to use force freely, and everyone else prevented from even defending themselves, is precisely the class system of nobles and commons of the middle ages, that we broke away from in founding this country.

    None of this can pass constitutional muster. It is all completely illegal.

  15. Bill says:

    Okay, maybe I’m missing this, but I’m going over the link Bob provided with a criminal defense attorney and I can’t find the 10 round magazine legality expires after 1 year part anymore.

    S 41-b. Subdivision 8 of section 265.02 of the penal law, as amended
    by chapter 764 of the laws of 2005, is amended and two new subdivisions
    9 and 10 are added to read as follows:
    (8) Such person possesses a large capacity ammunition feeding device.
    FOR PURPOSES OF THIS SUBDIVISION, A LARGE CAPACITY AMMUNITION FEEDING
    DEVICE SHALL NOT INCLUDE AN AMMUNITION FEEDING DEVICE LAWFULLY POSSESSED
    BY SUCH PERSON BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
    TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION, THAT HAS A CAPACI
    TY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT MORE THAN
    SEVEN BUT LESS THAN ELEVEN ROUNDS OF AMMUNITION, OR THAT WAS MANUFAC
    TURED BEFORE 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; OR

  16. 2ABill says:

    Actually I’m kind of glad he’s in NY state where he can screw over a far smaller segment of the population than when he was the HUD Secretary under Clinton. Have a look at his CV during his federal tenure:

    http://www.villagevoice.com/2008-08-05/news/how-andrew-cuomo-gave-birth-to-the-crisis-at-fannie-mae-and-freddie-mac/

  17. Sian says:

    Good! If civilians can’t have “high capacity clips designed to murder as many people as possible, as quickly as possible” then what business do the police have in owning the same?