NY SAFE Act - register all handguns or have them forfeit without recourse

Discussion in 'National Laws, Bills and Politics' started by UtiPossidetis, Dec 31, 2017.

  1. UtiPossidetis

    UtiPossidetis American

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    Interesting blog at http://blog.joehuffman.org/2017/12/30/miss-a-deadline-lose-your-gun-rights-forever/


    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.

    http://www.timesunion.com/opinion/article/Gun-recertification-a-step-for-safety-not-12439861.php

    https://www.nraila.org/articles/20171222/fake-news-on-gun-confiscation
     
  2. TimBob

    TimBob Old, Slow, Boring Dude

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    Just more reasons to never, ever live there...
     
    AtlPhilip likes this.

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    New York has had mandatory handgun licensing, with each handgun being registered and typed on your pistol license, for 100 years. Since the Sullivan Act of 1912 or whenever that was.

    But it used to be a "lifetime, unless revoked" license. No need to renew.

    Plenty of old geezers have died, and the State has no idea what happened to their handgun collections.

    Other people like me have left the state, and never bothered to notify the pistol permit bureau. The State doesn't know what happened to MY guns, either.

    Years ago, there was no mechanism in place to have courts, or mental institutions, notify the Clerk of the Court, or the State Police, when a pistol licensee had something happen in his or her life that would be a disqualification.

    I can see NY State wanting to change that, and requiring a 5-year expiration on licenses seems reasonable to me, on general principle. (Except for the fact that you need such a permit just to OWN a handgun, even in your own home, not just carry one in public or to and from the gun range or hunting fields.)

    The really bad parts of the SAFE act are:

    1.) Tighter magazine bans, with no grandfather clause for ones currently and legally owned in the state, and

    2.) Having cops take away EVERY SINGLE GUN, even sporting rifles and shotguns, from people who fail to comply with the new registration requirements.

    BUT, as to #2, it's always been a FELONY crime to possess a handgun in NY State without a currently-valid pistol license, so it's not such a governmental over-reach to say that if the cops have probable cause to arrest you and charge you with a felony, they can instead just take your guns away and NOT charge you with that felony.
     
  4. Craftsman

    Craftsman Well-Known Member

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    Gunsmoker,

    So it is acceptable Due Process to arrest somebody, but Not Due Process to take their property? Good to know.
     
  5. OWM

    OWM Well-Known Member

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    Looks to my layman rear end that the entire law is bad.
     
    Wheedle and scootch like this.
  6. rle737ng

    rle737ng Member

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    And productive people are fleeing the Communist occupied territory in droves.