GUNS!!! (Legal Info-Cali)

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This is a continuation from “GUNS!!! (Legal Information)”. If you have not read that post, please click here.

*Disclaimer: None of this post is to be considered the advice of a lawyer. Please consult a legal attorney before any actions.


California Penal Code § 30515

(a) Notwithstanding Section 30510, “assault weapon” also means any of the following:

(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:

(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.

(B) A thumbhole stock.

(C) A folding or telescoping stock.

(D) A grenade launcher or flare launcher.

(E) A flash suppressor.

(F) A forward pistol grip.

(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:

(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.

(B) A second handgrip.

(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.

(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.

(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

(6) A semiautomatic shotgun that has both of the following:

(A) A folding or telescoping stock.

(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.

(7) A semiautomatic shotgun that has the ability to accept a detachable magazine. (8) Any shotgun with a revolving cylinder.

(b) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events.  Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (c).

(c) “Assault weapon” does not include either of the following:

(1) Any antique firearm.

(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (b):

BENELLI MP90 .22LR

BENELLI MP90 .32

S&W LONG BENELLI MP95 .22LR

BENELLI MP95 .32

S&W LONG HAMMERLI 280 .22LR

HAMMERLI 280 .32

S&W LONG HAMMERLI SP20 .22LR

HAMMERLI SP20 .32

S&W LONG PARDINI GPO .22

SHORT PARDINI GP-SCHUMANN .22

SHORT PARDINI HP .32

S&W LONG PARDINI MP .32

S&W LONG PARDINI SP .22LR

PARDINI SPE .22LR

WALTHER GSP .22LR

WALTHER GSP .32

S&W LONG WALTHER OSP .22

SHORT WALTHER OSP-2000 .22 SHORT

(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (b) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon.  The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.

For more info: PEN-SECT-30515 

*Disclaimer: None of this post is to be considered the advice of a lawyer. Please consult a legal attorney before any actions.

The photo above was originally posted by thearmsguide.com.

 

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NY Firearm laws for ARs (“Assault Weapons”)

Hello to all reading this post.


This is a continuation from “GUNS!!! (Legal Information)”. If you have not read that post, please click here.

*Disclaimer: None of this post is to be considered the advice of a lawyer. Please consult a legal attorney before any actions.


NYS Gun Laws pertaining to AR/ Semi-Automatic Rifles

NYS Penal Law §265.00, 22(a); 

“Assault weapon” means:

(a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 1 of the following characteristics:
   (i) a folding or telescoping stock;
   (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
   (iii) a thumbhole stock;
   (iv) a second handgrip or a protruding grip that can be held by the non-trigger hand;
   (v) a bayonet mount;
   (vi) a flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle break, or muzzle compensator;
(vii) a grenade launcher;

Translation: Do not build or possess an AR with items (i)-(vii).

Registration of Assault Weapons, pertaining to Rifles

§265.00, 22

(f) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or weapon defined in paragraph (a) , (b) or (c) of this subdivision, possessed prior to the date of enactment of the chapter of the laws of 2013 which added this paragraph.

NYS § 400.00 Licenses to carry, possess, repair and dispose of firearms.

16-a. Registration. (a) An owner of a weapon defined in paragraph (e) or (f) of subdivision 22 of section 265.00 of this chapter, possessed before the date of the effective date of the chapter of the laws of 2013 which added this paragraph, must make an application to register such weapon with the superintendent of state police, in the manner provided by the superintendent, or by amending a license issued pursuant to this section within one year of the effective date of this subdivision except any weapon defined under subparagraph (vi) of paragraph (g) of subdivision 22 of section 265.00 of this chapter transferred into the state may be registered at any time, provided such weapons are registered within thirty days of their transfer into the state. 

*Disclaimer: None of this post is to be considered the advice of a lawyer. Please consult a legal attorney before any actions.

GUNS!!!! (Legal Information)

Hello to all reading this post.


I am thinking of starting a website, free for the time being, that informs the public of New York about the firearm laws pertaining to New York (State and City).

It might involve other states later on but I am first wanting to inform New York state residents. If you are in another state, please research your State’s laws and send the information. Your research will help to update your State’s laws to the website easily and quickly.

I know that some people might not visit a website such as: https://www.nraila.org, due to political and/or social opinions; Therefore, the website will be focused on informing LGBT+, African-Americans, Hispanics/Latinos and other minority groups.

I have noticed there is either a fear or misinformation of firearms among the aforementioned groups. We the people need more informed Americans (and New Citizens, Congratulations!) willing to exercise their rights granted by the Bill of Rights.

If anyone is interested in offering assistance, please leave a message. You can also share this post with others on Twitter, Facebook or whichever social media platform you use.

Great information for African-Americans (Conservatives or 2nd Amendment Advocates or the curious) is made by Colion Noir and The Doctor of Common Sense. Colion Noir YouTube channel is: https://www.youtube.com/user/MrColionNoir .

The Doctor of Common Sense Youtube video in particular is: 

Chicago gun violence

Please refrain from vulgar language in your messages/comments. If you want to follow me on Twitter, please use @casskid38 . The photo above was originally posted by thearmsguide.com.

Stonewall

FOR THIS THEY WERE BEATEN AND SPIT UPON

Equal protection from discrimination in the workplace

Equality of marriage rights

Equal protection from discrimination in social clubs

Equal freedom to express public affection

Equal protection under law when attacked and harassed for being different

The struggle continues. All the advances since June 28,1969 are under attack again. Be it from Bakers (http://www.advocate.com/election/2016/3/25/how-president-ted-cruz-will-save-bakers-gays) or from Politicians (http://www.advocate.com/politics/2016/3/25/far-right-lauds-north-carolina-blocking-special-rights; http://www.advocate.com/2016/3/26/how-gop-laid-groundwork-north-carolinas-antigay-law) ; there has been a systematic attack on LGBT Rights. Now some may say, “They are more free and protected than ever before.” I say this, “Those that do not learn from history are doomed to repeat it.”

Paragraph 175 German Penal Code, May 15, 1871 to March 10, 1994, made homosexual acts between males a crime. This nation was built on the belief that all are created equal with inalienable rights; Among these are the rights to Life, Liberty and the pursuit of Happiness. When others try to stifle these rights, it is the duty of the People to stand together in resistance to oppression. I hope that it is a peaceful resistance, however the past has shown that “a force will continue unless acted upon by an equal and opposite force.”

We, as a Nation, must recognize that there will be no change without discussion. There can be no discussion with the current mind set of “Political Correctness”. This is one force that stifles openness, creates division and ultimately leads to destruction. For too long it has made enemies of those that would otherwise have been compatriots.

In simple terms, We are in this together. We are many different experiences trying to be told at the same time. The more We listen, the more We learn.